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Contractual penalty and its relationship to damages under the Commercial Code
Čáp, Michal ; Oehm, Jaroslav (referee) ; Patěk, Daniel (advisor)
56 VII. Summary in English CONTRACTUAL PENALTY AND ITS RELATIONSHIP TO THE DAMAGES PURSUANT TO THE (Czech) COMMERCIAL CODE The purpose of my thesis is to analyse (i) contractual penalty; (ii) damages; and (iii) relation between these afore-mentioned institutes pursuant to the Czech Commercial Code. The reason for my research is that, basically, the use of the contractual penalty excludes the claim for damages. Despite of these, there are several issues coming out from the application of these two instruments among. The paper is not only describing current legislation; it also takes into the account the continuing process of adopting the new Commercial Code, provided that the current is more than forty years old. The paper provides also an outline of the relevant Czech case law regarding each institute; as well as their mutual connexion. The thesis is composed of five main chapters. Chapter I. is introductory and defines the scope of this work. Chapter II. examines the relevant Czech legislation regarding the contractual penalty. This Chapter consists of thirteen parts, each of which describes particular aspects of the contractual penalty. Firstly, the current legislation governing the contractual penalty may be found in this Chapter. The contractual penalty is mentioned just in five sections of the acts: in...
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The organizational system of the European public limited liability company
Končická, Martina ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
71 The System of Organization of the European Company (Societas Europaea) The purpose of my thesis is not to make a detailed analysis of the organization structure of the European Company because from this point of view it is possible to refer to increasing number of the specialized publications especially abroad. Regarding the actual broadness of this topic I decided to focus my attention rather on closer range of questions which consists in determination of the competence of the bodies of the European Company and their mutual interactions and in taking into account the supranationality of this legal form of the corporation. The reason for the closer definition of the topic is to enable a deeper insight into the matter and to take a think on the concrete questions, which arise in relation to the fact that the primary regulation is contained in the Council Regulation on the Statute for a European Company (hereinafter as a "Regulation") that is a secondary rule of Law of the European Community. However the Regulation regulates only the basic framework of the European Company and the remaining regulation leans by virtue of specific hierarchy of the standards on the provisions of the national Company Law of the member states. This unique character fades into the whole legal regulation and shows itself...
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Members in individual types of business company
Lahodná, Karolína ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
62 MEMBERS OF INDIVIDUAL TYPES OF BUSINESS COMPANY The thesis concentrates on the following other than proprietary rights and duties of a member of Business Company: loyalty duty, right of the member to participate in governance of the Business Company, duty to follow the ban on competition, due diligence duty. The first chapter is introducing the reader into the topic by explaining the basic concepts with which the legal regulation in the field of status of the member in the company is working with. The accent is laid on the concept of Business Company and its member and on the basic division of Business Companies into the groups according to their characteristics. The next chapter is dealing with the individual chosen rights and duties of member in the company. First part concerns loyalty duty, which is the base of the individual duties of members in Business Companies. The attention is paid above all to the content of this duty and further to the intensity of which this duty applies in the individual types of Business Companies. In the next part of the chapter the attention is paid to the right of a member to participate in governance of the Business Company. This right comprises above all a right to participate in management of the Business Company, and next to it a right for information on the matters...
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Selected unfair competition activities and legal protection against such conduct (unfair competition in the area of registration of domain names in the Internet)
Ilosvaiová, Katarína ; Patěk, Daniel (advisor) ; Slováková, Zuzana (referee)
69 RESUME This thesis is focused on the analysis of legal aspects of Internet domain names related to unfair competition. Domain names are the user-friendly form of Internet addresses. While designed to serve the function of enabling users to locate internet material in an easy manner, domain names have acquired a further significance as business identifiers and, as such, have come into conflict with the system of business identifiers that existed before the arrival of the Internet. 1. Most of these conflicts are brought about by specific unfair behaviour between competitors on the Internet, based on speculative registration and use of domain names, called cybersquatting. So far, no definition has been broadly accepted, but we can indicate its basic attributes: - The domain name is identical or confusingly similar to another sign (trademark, business name or symbol) in which someone else has rights - The registrant has no rights or legitimate interests in respect of the domain name - The domain name was registered or was being used in bad faith It is possible to distinguish a few forms of cybersquatting: Basic cybersquatting, Domain grabbing, Domain tasting, Domain parking, Typosquatting, etc. Most countries (Czech republic included), however, do not create special acts in order to regulate this new...
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