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Innominate Contracts in Business Relations
Horčicová, Iva ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Diploma thesis Innominate Contracts in Business Relations deals with a legal basis of innominate contracts in the Czech private law. It focuses mainly on so the called Modern innominate contracts. The purpose of the thesis was to answer whether leasing, factoring and franchising contracts should be codified. Consequently, it aimed to prove or disprove that the Czech legal regulation does not reflect the recent developments in business environment. The thesis is divided into two parts. In the first chapter an analysis is carried out on the legal regulation of innominate contracts in the Czech business law, civil law, labour law and international private law. The legality of innominate contracts and the applicability of an analogy is discussed in this part. Based on the Czech legal regulations and court decisions it was concluded that innominate contracts were valid and that courts may use analogy when deciding on civil or commercial contracts. The second chapter deals with the contents of leasing, factoring and franchising contracts. It concludes that there are reasons against the codification of the above mentioned contracts. The content of an operating leasing agreement very much resembles a rental contract which might be used for this kind of leasing contract.A leasing purchase contract does not present any new answers to issues which had already been dealt with by court decisions. The substance of a factoring contract -- assignment of a receivable is already regulated by the Civil Code. A franchising agreement involves parts of many types of codified contracts and interlocks with multiple legal areas. Moreover, all the above mentioned contracts are challenged by a fast pace of development therefore a codification could hamper the progress or it could become obsolete. Based on the above mentioned facts the thesis concludes that leasing, factoring and franchising contracts should not be codified in the Czech private law as separate contract types and therefore disproves the primary proposition of this thesis and subsequently infers that the Czech legal regulations do not reflect a recent business development.
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Legal aspects of navigating the Vltava in Southern Bohemia
MACHART, Ondřej
The objective of this thesis is analyzing the legal aspects of the completion Vltava waterway in the southern Bohemia, namely the legal relations arising from contract for work in construction, which was closed during the project and compare some selected parts of the contract with § 536 - § 565of Czech Commercial Code. Another objective is to analyze the financing of the project, especially in view of the Transport Operational Programme of the European regional development fund.
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Treaty reinsurance of truck transport
Čížek, Ondřej ; Švarc, Zbyněk (advisor) ; Žák, Květoslav (referee)
The Bachelor thesis is dealing with the truck transport, more accurately with its legal regulation in Czech republic. Main area of interest is the domestic truck transport. For an elaboration of international truck transport would be another bachelor thesis needed. By the domestic truck transport deals the thesis above all with the description and evaluation of the legal regulation of this question in Czech republic. Within this description was neccessary to mention the contract of a transport of an article, to which is given one whole chapter. The evaluation, which is with one exception generally positive, contains the ending of thesis.
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Business Law of the People's Republic of China
Kacíř, Pavel ; Boháček, Martin (advisor) ; Švarc, Zbyněk (referee)
The main objective of this thesis is to map present system of business law in China, identify key factors, that formed and determine its present shape and compare theoretic form with reality, so that this thesis may become a basis for further exploring and studying of Chinese system of business law. The thesis is divided into four sections. Topic of the first section are sources of business law, their hierarchy and scope. Second part describes various types of business entities and their legal forms. Third part describes current state of contract law, while the fourth part studies various means of solving commercial disputes. Scope of this thesis does not cover business law in Taiwan and special administrative regions of Hong-Kong and Macau.
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