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Rent and lease
Mitáčková, Veronika ; Švarc, Zbyněk (advisor) ; Kotoučová, Jiřina (referee)
The fundamental of this case is to explain principles of function of rent and lease in the Czech legal environment and to clarify basic specificities and differences of both instruments to a reader. The main part is then paid to a historical development until the present, to a definition of the most important conceptions and a charakterization of concrete contractual relations. At the end of each chapter are brought out advantages and disadvantages resulting from experience and the whole work is finished by a confrontation of rent and lease.
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The legal protection of the consumer focused on advertisement
Dolejší, Kateřina ; Kotoučová, Jiřina (advisor) ; Strnadová, Eva (referee)
The theme of bachelor thesis is "The legal protection of the consumer focused on advertisement". The choise of this theme was purposeful because the questions of legal regulation of the advertisement is and is going to be more required. Every one of us, in position of consumer, is influenced by many advertisement every day, which are trying to influence the consumer behavior. But on the side of consumer are situated laws, organizations, system of the insitutions, which help the consumer to orientate in his laws. The bachelor thesis consist of 3 topics. The first chapter define the concept of advertisement and consumer, it is described the historical development of the laws from the 19th century up to the present day. The most important chapter is called "Trick used in advertisement". There are presented the most frequent deliquency of the tradesmen in the area of advertisement. The trick are defined by law and shortly described, eventually is given an example. The final chapter "Solution of contingent dispute" is opened with the review of organizations, which are responsible for regulation of advertisement. At the end of thesis are introduced court and out of court settlement in the area of advertisement. The aim of my thesis was summarization of knowledge in the area of advertisement and the adumbration of consumer's laws.
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Consumer protection in European Union
Bartlová, Daniela ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The consumer protection is a very actual topic in the european policy. It is necessary for the right function of the internal market. The document mentions the development of the consumer protection policy - the past and the future strategy. The valid legislation is listed and also mentioned is the Proposal for a Directive on Consumer Rights. It gives an overview of european consumer organisations and their function . There are also mentioned some alternatives of the consumer's redress. Document introduces consumer rights.
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Exaction an outstanding debts in banking
Hlouchová, Jaroslava ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The Master thesis describes comprehensively all action of exaction an outstanding debts in banking since origin of defaulted credit up to execution. In the thesis the action of out of court exaction is briefly explained. Nevertheless, the main part of the thesis is takes heed of the judicial exaction. The thesis deals with the selected points at issue from the sphere of judicial trial, compares the judicial trial with the trial of arbitration in point of view their effectiveness. The thesis explains process of debt restructuring an outstanding debt and compares also types of executions. Conclusion of the thesis highlights a question of sale an outstanding debts and leave their management to collecting companies. The aim of the thesis is to provide a well-arranged instruction to banking institutions how to exact their outstanding debts effectively and bring the advantages and disadvantages of particular ways of exaction to attention. At the same time this thesis should be a contribution for public in order to become acquainted with the action of exaction an outstanding debts in banking.
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The arbitration: Comparison of legal regulation in the USA and the Czech Republic
Klobušníková, Ivana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The thesis deals with the area of questions regarding the law and practice of arbitration in the USA and the Czech Republic. The author aims to reflect the most significant differences between both legal systems that lead to the fundamentally different approaches to the arbitration in both countries. The paper is divided in seven chapters. The first two chapters describe the principles and law of arbitration both in the USA and Czech Republic. Third chapter deals with the problem of arbitrability of the dispute. The arbitration agreements and their essentials are considered in the fourth chapter. The fifth chapter has been dedicated to the arbitration proceedings and its particular stages with the aim to provide the reader with the complex overview of the course of the dispute. In the sixth chapter, the author analyzes revision, vacation and enforcement of the arbitral awards, whereas chapter seven is dedicated to the special issues such as interim measures, the application of the res iudicata principle, waiver of right to arbitrate and arbitrability of disputes arising of employment and consumer contracts.
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Comparison of legal regulation of the trade relationships of obligation in Germany and the Czech Republic
Přecechtělová, Jana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This Master thesis deals with the comparison of trade relationships of obligation in Germany and the Czech Republic. In order to introduce and analyse the topic thoroughly at first the main legal acts connected with relationships of obligation and trade relationships of obligations in both compared countries are being introduced. The main stress is put on the content of these legal acts, on their historical development, their application methods as well as on their mutual relationship. The next part of this Master thesis then explains the term trade relationship of obligation with respect to the definitions obtained in both compared legal systems. After the theoretical introduction the general legal regulation of the trade relationships of obligation is being characterised. Since the general legal regulation of the trade relationships of obligation is based on the general legal regulation of the relationships of obligation at first the differences between these two legal regulations in Germany are explained. After that the German general legal regulation of trade relationships of obligation is being compared with the Czech general legal regulation of this area. After the characterisation of the general legal regulation of the trade relationships of obligation the individual types of German trade relationships of obligation are being compared with their equivalents in the Czech legal system. The specific trade relationships of obligation that are being analysed and compared in both legal systems are namely contract with a commission agent, contract of consignment, forwarding contract and storage contract.
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Reorganization - new way of bankruptcy resolution
Valenta, Petr ; Kotoučová, Jiřina (advisor) ; Novotný, Vladimír (referee)
The thesis summarizes the legislation of reorganization as a method of bankruptcy resolution. First of all, the historical development of bankruptcy law in our country is described, as well as the current legislation, established primarily by the Insolvency Act and other regulations. The economic reasons for reorganization implementation are analyzed subsequently and the very principles of the reorganization process are thoroughly examined. Various methods of unliquidated bankruptcy resolution in selected countries are briefly covered in the next section of the paper. Conclusion of the thesis highlights the most relevant information about reorganization and points out problematic situations, which may occur in connection with it.
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Comparison of the consumer protection law in the Czech Republic and abroad
Dostálová, Jana ; Kotoučová, Jiřina (advisor) ; Rameš, Ivan (referee)
The thesis defines consumer protection law in the Czech Republic and compares it with italian law. The subject of this comparison is the substance of the law clauses but also the overall level of legal protection, consistency, system and comprehensibility of the laws and quality of european directives implementation. The thesis is divided into chapters - definitions, information, advertising, consumer contracts, safety and quality of products and consumer associations. In the conclusion some potential changes that could be made to czech system, based on good experience in Italy, are suggested.
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