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Efficient enforcement of cartel law
Fenclová, Eva ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Efficient enforcement of cartel law This thesis deals with the issue of effective enforcement of cartel law, focusing on the interaction between public and private enforcement. The aim of this thesis is to compare the enforcement systems of cartel law in Czech, European and American legal systems, in particular to compare the form and functioning of two key tools of public and private enforcement, i.e. the leniency program and the actions for damages, to analyse the interaction between them, reveal the main tension and finally to compare the solutions to this conflict that are offered by different legal systems. I am comparing the solutions offered by current legislation in the EU and the Czech Republic with the solutions of US antitrust law where both tools coexist and have been successfully operating for some time. On the basis of such comparison I will try to determine whether the current solution is effective or whether there exists a more suitable one. The thesis consists of three parts. The first part is divided into two chapters, where the first chapter defines the basic terminology that relates to the issue of antitrust law enforcement. Further it contains a description of relevant sources of law. The second chapter deals with various antitrust law enforcement models which operate within...
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Articles of apartment owners association
Levý, Jan ; Oehm, Jaroslav (advisor) ; Horáček, Tomáš (referee)
THESIS SUMMARY: ARTICLES OF APARTMENT OWNERS ASSOCIATION The thesis deals with the regulation of apartment owners associations in the Czech Republic, in particular, with the articles of association of such legal entity. The paper is divided into three parts. The first part focuses on the Czech statutory regulation (especially The Act on Ownership of Apartments No. 72/1994 of Collection of Laws, and The Government Order No. 371/2004 Coll.) of the apartment owners association in general. There has been provided a short survey of the historical evolution of the ownership of apartments in the world as well as in the Czech Republic and a short depiction of the approaches on apartment ownership models - Anglo-Saxon-French and German Models. Greater attention in the first part is given then to the legal entity of apartment owners association. It examines the foundation and dismissal of the association, its legal capacity (and limits given by law), the membership in such association, and its bodies - assembly, statutory body, and other optional bodies. The second part is devoted to the articles. It is always necessary to examine the articles in light of the current legislation, which greatly affects the content of the articles. In the beginning of the second part, short characteristics of the articles is given,...
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Rights arising from defective performance of contracts of sale involving an entrepreneur
Strakatý, Tomáš ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The main goal of this thesis is to identify and analyze problematic aspects of rights arising from defective performance in B2B sale. The analysis is set into a complex description of rights arising from defective performance. The work reflects relevant decisions of courts, national, European and international legal regulations and other texts. The thesis is divided into nine chapters including introduction and ending. The chapters are divided systematically in order to complexly introduce rights arising from defective performance to a reader, while problematic aspects of mentioned legal institute are continuously presented to a reader. In such cases those aspects are always analyzed, relevant propositions of a professional public are discussed, the author critically examines them and presents his own propositions and possible interpretation points of departure. After the introductory chapter the author defines criteria, which are deciding for a legal regime of B2B sale. At the beginning of the third chapter the author explains reasons, why he is using term obligations and rights arising from defective performance instead of a traditional term liability for defects. Then this chapter analyzes sole defective performance, a dispositive nature of obligations arising from defective performance, a...
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Remuneration of members of the governing bodies of joint stock companies
Zahradníček, Jaroslav ; Černá, Stanislava (advisor) ; Horáček, Tomáš (referee)
1 Abstract Remuneration of members of the governing bodies of joint stock companies The goal of this thesis is to analyze the law regarding remuneration of members of the governing bodies of joint stock companies. The topic is a timely one, since high bonuses were one of the causes of the financial crisis. The thesis primarily devotes its attention to the law contained in the Commercial Code. The amendments to the Act on Business on the Capital Market are also mentioned. The recommendations of the European Commission and Directive of the European Parliament and Council are then subjected to analysis. Basic issues are addressed in the introduction to the thesis. The governing body of a joint stock company is the Board of Directors and deciding on its remuneration falls within the competence of the General Meeting. Frequently members of the Board of Directors also hold concurrent office in the company as employees. The difference between claimable and non-claimable bonuses and fixed and variable bonuses is explained. A member of the Board of Directors is in principle entitled to at least the usual bonus for performing his or her office according to the average use of the mandate contract. If the parties so agree or the law so stipulates, performance of the office is not paid. The actual declaration of the...
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The procurement documents and evaluation of the tenders in the excessive level from the perspective of the new law on public procurement
Palla, Kristina ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
English abstract The procurement documents and evaluation of the tenders in the excessive level from the perspective of the new law on public procurement In this thesis I tried to deal with the current legislation of public procurement in the excessive level with focus on procurement documents and evaluation of tenders. The new Act on Public Procurement became effective in October 1, 2016. As a result of such a short period of its effectiveness its subject matter has not been comprehensively elaborated yet and vice versa it provides a very wide scope for discussions and expert opinions. The aim of my thesis was mainly to summarize the legislation of procurement documents and evaluation of tenders and to assess the impact of the new legislation in practice, both from the position of the contracting authority and the supplier, including the applicability of the existing case law on relevant legal issues. For purposes of my thesis I used the available sources and literature. Also I prepared anonymous questionnaires which were sent to the attention of contracting authorities, suppliers or administrators of public contracts (especially lawyers dealing with public procurement), to receive their reactions to specific questions. I really appreciate this source of information because via these questionnaires I...
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Protectionist provisions of the civil law nature in commercial contractual relationships
Tomáš, Michal ; Eichlerová, Kateřina (advisor) ; Horáček, Tomáš (referee)
Protectionist provisions of the civil nature in commercial contractual relationships The purpose of this thesis is primarily to answer the question how and to what extent can be applied in commercial-law relations protectionist provisions of the civil nature. The main aim of the thesis is to determine at which subjects can protectionist provisions fall and next the thorough identification of these provisions. The thesis also examines the issue of application of civil liability for breach of obligation in commercial contractual relationships with the consumer element, specifically liability for delay with payment of a monetary debt. The whole thesis is systematically divided into three main chapters. The first chapter serves primarily as a general introduction to the issue of deliberate protection of weaker contractual party and describes the development of protectionist provisions, where we study two developmental lines. First we study the development of European consumer law on which our law is based and next we focus on the development of Czech legislation. Exceptional attention is dedicated to the genesis of provision § 262, paragraph 4 of the Commercial Code, which we consider as crucial to our theme, becouse this provision make the penetration of civil protectionists provisions in commercial...
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Major differences in public procurement process governed by the Act No. 134/2016 Sb. in legal practice
Salmon, Jan ; Horáček, Tomáš (referee)
1 Abstract This thesis follows up major differences in tender procedures governed by a new Public Procurement Act No. 134/2016 Sb. Main objective of the thesis is to analyze major legal differences from public authorities perspective a confront the output with arguments supporting contractors and general public perspective. The opening part of this thesis is focused on legislative technique of the new Public Procurement Act and confronts its claimed goals with availible facts and tenders market statistical data. After opening part unraveling needs for new tender legislation, the thesis goes through basic principles of the new act No. 134/2016 Sb. and points out major exceptions from the new act like minor tenders, legal services, loans and so called in-house tender procedures. Main content of the next chapter of the thesis is procurement proceeding itself and relevant differences affecting the whole process. At first, the chapter consists of new possibilities in establishing tender conditions and preliminary market research. The chapter continues chronologicaly with tender evaluation methods, including optional establishing evaluating commities. The topics is beeing closed by the low-priced tenders topic. After finishing the tender procedure topic, the thesis follows new options in possible changes of...
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Institutes related to the tender price in the award procedures of public contracts
Stowasser, Marek ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...
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Amendment of public contract
Dobr, Daniel ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Amendment of public contract Abstract Amendment of public contract is a small but important part of all public procurement regulation, which, among other things, helps to spend public funds efficiently, prevents corruption, ensures transparency and equal treatment of suppliers and enables contracting authorities to respond to circumstances requiring a change in their contractual relations with suppliers without increased time or administrative demands. The first part of this thesis describes the basic concepts important for understanding the legal regulation of amendment of public contract and outlines the historical development of this area, both at the European and national level. In the following, and at the same time crucial, part, the thesis analyzes in detail the effective legal regulation of amendment of public contract. In this analysis, considerable emphasis is placed on the case-law of the Office for the Protection of Competition, domestic courts and the Court of Justice of the European Union, which is tremendously important for the interpretation of individual legal rules. The thesis also tries to provide specific examples of permitted and prohibited amendments from the case-law of the mentioned bodies. The thesis also deals with individual deviations of the legal regulation of sectoral public...
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Boilerplate contracts made by an entrepreneur
Chalabi, Robin ; Horáček, Tomáš (advisor) ; Hurychová, Klára (referee)
Boilerplate contracts made by an entrepreneur Abstract The diploma thesis thematically focuses on an issue of contracts of adhesion which are concluded by entrepreneur in the course of trade. Contracts of adhesion are characterised by a specific, adhesive, method of entering into contracts based on the principle of take it or leave it which relies on the fact that the basic terms of contract are determined by one of the contractual parties which results in reducing the options of the weaker contractual party to full acceptance of unilaterally determined basic terms of contract or to the rejection of the contract as a whole. The aim of this diploma thesis is the presentation of a comprehensive analysis of the legal institute of contracts of adhesion de lege lata which is completed by synthesis of the insights in question into relevant theoretical and practical conclusions, including considerations de lege ferenda. The legal institute of contracts of adhesion with regard to the aim of the diploma thesis is subjected to theoretical analysis from the point of view of historical development, from the point of view of definition of the thematically relevant legal concepts de lege lata which are entrepreneur, weaker entrepreneur, consumer or legal regimes of contractual relations, from the point of view of...
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