|
|
Default of time in business transactions and its consequences
Hrušková, Jana ; Liška, Petr (referee) ; Patěk, Daniel (advisor)
in English Default of time in business transactions and its consequences The topic of a default of time in business transacions becomes very current in our society, which is one of the reasons I have chosen this topic for my diploma thesis. The objective of my work is to define the conditions due to which the debtor or creditor get in the default of ime and explain the consequences of the default of time of one of the contractual parties. In the thesis I shall focus primarily on the definition of the period for performance of the debtor's obligation, because definition of this matter in the Commercial Code is currently quite difficult to interpret and I shall bring attention to certain problems of the legislation related to the treatment of the consequences of the default of time by any of the parties. I would like to pay more attention to the default of time payment interests, as these are the most typical result of the debtor's default of time. My diploma thesis is divided into nine chapters. The first chapter is the introduction defining the objective of my thesis. The second chapter is called the "Default of time in Business Relationships" and specifies the term "default of time". The default of time become when one of the parties, a debtor or a creditor, is in a default of time with performance...
|
|
|
Institutions inviting public tenders
Kulhánková, Kamila ; Liška, Petr (referee) ; Horáček, Tomáš (advisor)
RESUMÉ CONTRACTING ENTITY OF PUBLIC CONTRACT The aim of this thesis is to describe and represent the current legal regulation of contracting entity of public contract, as well as to highlight some of the key judgments of the ECJ and decisions and opinions of the Office for the Protection of Competition in relation to the contracting entity of public contract. In this thesis, I have tried to focus on the general definition of a contracting entity of public contract and the descriptions of different types of contracting entity of public contract - a contracting authority, a subsidized contracting entity, as well as a sector entity. Undoubtedly an interesting area, which is also the subject of this thesis, is the centralized procurement. Regarding the fact that this institution is not very widespread in the Czech Republic, I have joined the description of a central public procurement in selected European countries to this chapter. The conclusion of this thesis is devoted to a brief outline of the current amendment to Act No. 137/2006 Coll., on Public Contracts, as amended, which is currently at the beginning of the legislative process. In this final chapter, I have also joined some of my thoughts to the legal aspects in relation to the contracting entity of public contract. Personally, I believe that the...
|
|
|
Loan agreement
Záhumenská, Zuzana ; Liška, Petr (advisor) ; Plíva, Stanislav (referee)
50 III. Záver Ako teda vidíme, naplnenie účelu právnej úpravy zmluvy o úvere si vyžaduje komplexný pohľad na záväzok vo všetkých jeho súvislostiach, pričom je vždy nutné prihliadať k účelu ako zákonných ustanovení, tak dohody strán. Zákonné ustanovenia totiž i tu poskytujú len právny rámec pre realizáciu určitých hospodárskych vzťahov, pričom nemôžu a ani si nekladú za cieľ postihnúť celú ich rozmanitosť. V oblasti poskytovania úverov je podľa môjho názoru dobrým zákonom ten, ktorý je dostatočne pružný, aby nebránil dynamike obchodných vzťahov a umožňoval stranám upraviť si práva a povinnosti podľa ich konkrétnych potrieb, a zároveň dostatočne určitý a presný na to, aby bol efektívne schopný zabraňovať zneužívaniu práva silnejšie postaveným partnerom. Aktuálna právna úprava v obchodnom zákonníku podľa môjho názoru pri hodnotení týmito kritériami v zásade obstojí. Samozrejme, ako v každej oblasti práva, sa prax ani tu nezaobíde bez interpretačnej korekcie zákonných ustanovení rozhodovaním súdov a tiež odbornou literatúrou. V tejto súvislosti veľmi kladne hodnotím, že niektoré významné závery s ďalekosiahlym praktickým významom reflektoval i zákonodarca a odstránil tak právnu neistotu či už v súvislosti s realizáciou zaistenia vo forme zálohy, alebo trvania určitých práv a povinností z úverovej zmluvy i po...
|
|
|
The bank as a business company
Kouřilová, Zuzana ; Liška, Petr (advisor) ; Plíva, Stanislav (referee)
RESUMÉ: Bank as a company The purpose of my thesis is to analyse the basic conditions of the creation and commencement of the legal existence of banks, business activities of banks, dissolution and the cessation of the legal existence of banks and organisation of banks. The reason for my research is that it is very interesting field of law that enables me to work with the variety of sources of law. Advantage and also disadvantage of the theme of this thesis is that not exist much literature concerning these problems. The thesis is composed of eleven chapters, each of them dealing with different aspects of banking business activities. The short introduction of my work in Chapter One, a little of history in Chapter Two and short characteristic of joint stock company in Chapter Three are followed by Chapter Four dealing with the term "bank" and creation and commencement of the legal existence of a bank, including also the Memorandum of Association and Articles of Association, the banking licence and registered capital. Chapter Five concentrates on problems of bank's organisation and is divided into parts describing especially the general meeting, board of directors, supervisory board and internal audit. The following three chapters reports on the specifics that happen or may happen during the existence of a...
|
|
|
A current account contract
Drašnerová, Lucia ; Horáček, Tomáš (referee) ; Liška, Petr (advisor)
56 Resumé - A Current Account Contract Opening a bank account is nowadays a part of everyday life. A current account is a deposit account held at a bank or other financial institution in order to provide for its holder a secure and quick access to deposited funds on demand and to carry out operations with the monetary funds on the account. The main purpose of a current account is therefore to enable its owner to use their money in a clearing. There are various types of bank accounts offered by the banks to suit all their customers' different needs (e.g. personal, bussiness, student, children accounts etc.). To open an current account, the law requires a written agreement where both contracting parties - a bank and an account holder (owner) - have to be properly identified (hence opening an annonymous account is de facto forbidden by law). In practise, though, banks sometimes require a minimum deposit too. An account holder may be an individual or an entity. One current account may be opened for more that one person (owner). If the account is established for two or more persons, each of them has the status of an account holder. Therefore co-owners dispose with the account jointly and their shares in the balance of monetary funds in the account shall be equal, unless the contract (or a court) stipulates...
|
|
|
Loan agreement
Procházka, Jonáš ; Eichlerová, Kateřina (referee) ; Liška, Petr (advisor)
71 13. Resumé This thesis describes the aspects of an effective regulation of the credit contract. I begin by drawing a distinction between the meaning of credit in an economic and in a legal sense. The credit contract's historical evolution, basic principles of credit granting and the legal regulation of credit contracts, follow. To summarize, credit contract is regulated by Czech Commercial code in §§ 497 - 507. Under the credit contract, the creditor undertakes the obligation to provide to the debtor, at his request monetary resources up to certain amount, and the debtor undertakes the obligation to repay the provided means to include interest. Commercial code considers contractual obligations arising from a credit contract to be business obligations of an absolute character (§ 261/3/d). It means that these contractual obligations are regulated by Commercial code regardless of the nature of the parties of contract and regardless of whether it originates from entrepreneurial or other activity. The provisions of Commercial code regulating the credit contract are mostly of nonmandatory nature. The parties may depart from regulating business obligations or exclude application of individual provisions, with the exception of § 497 (containing fundamental provisions) and § 499 (this provision regulates the fee...
|
|
| |
|
|
Enterprise as a subject of legal relations
Baumann, Róbert ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Enterpise as a subject-matter of legal relationships The aim of the construed graduation theses is to interpretate legal notion "the enterprise" and to explain rights and obligations of parties to a legal relationships in which enterprise figure as a subject-matter. Interpretation of the notion enterprise is mainly related to its legal regulation in czech Commercial code, nevertheless analysis of enterprise in law of European union or retrospective to its meaning in former Czechoslovak legislation has not been omitted. The enterprise is in czech legal system understood as a subject-matter of legal relationships or particular contracts. It is comprised by material, immaterial and personel elements of business (e.g. personal things, real estates, all types of rights) Those various components are unified by common purpose and owned or related to one natural person or legal entity. Principal part of the work is devoted to interpretation of various legal relationships created by contracts in which enterprise represents subject-matter of a contract. Not all of the contractual relations has been described, thesis contain only contract for the sale of the enterprise, contract of the lease of the enterpise and security contract. Attention has been paid to interpretation problems which might arise in those...
|
|
|
Selected issues of public tenders
Loucká, Jitka ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Diplomová práce Vybrané otázky zadávání veřejných zakázek 76 RESUMÉ THESIS: Selected issues of public tender The purpose of my thesis is to analyse selected issues of public tender, namely tender documentation, qualifications, fulfilment and assessment. I chose to tackle this subject as I regard it as being very topical and interesting, bearing in mind that we are talking about spending high amounts of public cash by a contracting authority (such as state allowance organisation, territorial self-governing unit or the Czech Republic itself, etc.). The thesis includes four chapters as well as an introduction and a conclusion, each of them dealing with different aspects of the Act on Public Tenders. Chapter Two is introductory and defines basic terminology used in the thesis: public tender, the contracting body, types of awarding procedures and basic principles of this procedure such as transparency, equal treatment and non-discrimination. The chapter Three, referred to as Tender Documentation, is subdivided into five parts. It includes a definition of the basic institution in the first part, and the remaining parts deal with technical specifications, classification of subject-matter of public contract, supplying of tender documentation to economic operators and providing additional information to tender...
|
|
|
The scope of liability to damages under the Commercial Code
Rožánek, Petr ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Extend of liability for damage in the Commercial Code The general private legal regulation of liability for damage is stipulated in the Civil Code (hereinafter referred to as "ObčZ"). The Commercial Code (hereinafter referred to as "ObchZ") also contains some provisions regulating damages, mainly those for breach of contractual obligations and obligations prescribed by the Commercial Code. This regulation of damages shall be used in relations governed by it as a matter of priority. In order to claim damages according to the Commercial Code, all the following basic preconditions shall be met: - occurrence of damage - breach of legal obligation - causal relation between occurrence of damage and breach of legal obligation And at the same time - there are no circumstances excluding liability for breach of obligations The Commercial Code stipulates the liability for damage as no-fault liability. It means that the liability relation is not conditioned by fault and occurrence of the above presumptions is enough. Pursuant to s. 379 of ObchZ, "damage" means actual damage and loss profit. Both judicial practice and legal theory consider actual damage as damage to property in the form of reduction of property of an injured party as a result of an event causing damage. "Lost profit" means in judicial practice damage,...
|
guest ::
