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Matter of Inheritance in Private and Public Law
Fleischmanová, Karolína ; Radvanová, Senta (advisor) ; Dvořák, Jan (referee)
Thesis abstract Matter of Inheritance in Private and Public Law. Law of inheritance is one of the most important areas of proprietary laws, which proves the fact, that the inheritance regulation in the form of hereditary rights (legal succession and testamentary succession), has already been regulated in Roman law. Death of a person as a family member, pertinently a testator, represents for the descendants a sad and grieving event in most cases, despite the fact it belong to inevitable natural rules. In regards to the fact that every single person is bound to set up for his last journey, the inheritance matter has always been and always will be a topical issue regardless the fact of the testator leaving or not leaving any property. Inheritance legal regulation has undergone a long development under continuous relevant attention of the society. In times when law was not in writing, there were the customs replacing it, later on the first codifications and other newer and newer legal regulations that kept changing and improving. This trend has continued up to this date. Evolution of inheritance law in the form of new legal regulations has not stopped and crosses the borders of the Czech Republic. The thesis deals with this matter in historical context of inheritance law, not only during the Middle Ages and a...
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Abuse of Public Law in Judicial Decisions
Vinčálková, Lucie ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Abuse of Public Law in Judicial Decisions This thesis discusses the relevance and meaning of the principle of "abuse of law" in Czech public law, and consists of six chapters. A brief opening chapter sets out the aim of the thesis, namely to provide a theoretical analysis of the concept of abuse of law, using conclusions that are established in Czech jurisprudence. The second chapter deals with the substantial rulings of the Czech Supreme Court viewing the abuse of law concept in terms of civil law, because the abuse of law principle came to light firstly in Czech civil law. The prospective enactment of the abuse of law principle in the Czech Civil Code Bill is also mentioned. The third chapter is crucial to this thesis, and reflects the approach of the Czech Supreme Administrative Court (the SAC) to the doctrine of abuse of law. The first Czech ruling in which the concept of the abuse of tax law occurred was Divers, no. 1 Afs 107/2004 - 48. In Divers, the SAC construed a very in-depth argument supporting the applicability of the abuse of law principle to the field of taxation (which is part of public law). Then the process during which the SAC developed the abuse of law concept in its rulings, including the first application of the Halifax two-stage abuse test is described. The parallel concepts...
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Problems of advertising in business and ecomonic competition within the frame of European Union
KUPSOVÁ, Jitka
Objectives of this thesis is concentrate on problems of advertising in business and economic competition within the frame of EU. Thesis analyse advertising as such. In this thesis, there is a description of notion advertising, history of advertising, functions, objectives{\dots}etc. Consenquently there is a description of medium for advertising. In Czech republic, the advertising is legally regulate by public law and by private law. At the same time, it use also nonlegal instruments for regulation. It is self-regulation by the help of Ethics code. Ethics code is published by RPR (Rada pro reklamu). It watch over ethics and mind of advertising. Unfair competition is behaviour in economic competition, which is in violation of good manners and is qualified to evocate injury of others competitors or consumer. Unfair competition is for example false advertising, embracery, impeachment{\dots}etc. Economic competition is regulate and controlled by ÚOHS (Úřad pro ochranu hospodářské soutěže). It create condititons for subvention and protection. Competition law is used in case of violation against conditions of economic competition. It is for example abuse of dominant position, association of competitors or forbidden agreements. Within the frame of law, it exists sanctions for protections againts infringement of economic competition and unfair competititon. Concerning advertising in the European Union, it is analogous to advertising in Czech republic. For regulation, there is many EC directives regulating advertising.
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Audit system and contracting of public procurements
Smolová, Kateřina ; Pavel, Jan (advisor) ; Vítek, Leoš (referee)
The aim of the thesis is to analyze the audit system of public procurements and to evaluate whether the audit system is sufficient. The first part focuses on contracting authority and regulations which must be complied with to act upon the public procurement law. The second part characterizes the segments of audit system which proceed in the connection with the public procurements contracting. The last part deals with the real state of execution of the public procurements audit in the state administration and its evaluation.
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Development of the legislation of public procurement law in the Czech Republic
Luxová, Lucie ; Štěpánek, Petr (advisor) ; Koucká, Jiřina (referee)
Veřejné zakázky tvoří významnou oblast ekonomiky České republiky. Specifika veřejného sektoru přinášejí potřebu speciální právní úpravy veřejného zadávání, což si odedávna uvědomovaly i zákonodárné sbory evropských států. Tato diplomová práce se zabývá vývojem zákonodárství na poli veřejných zakázek na území dnešní České republiky. Zahrnuje jak prvopočátky právní úpravy veřejného zadávání, tj. především úpravu první republiky, tak úpravy poválečné a zaměřuje se pak hlavně na legislativu z doby po vzniku samostatné České republiky. Tato práce nezabíhá do podrobností těchto úprav, ale přehledně a systematicky analyzuje hlavní instituty zadávání veřejných zakázek a identifikuje obecné tendence ve vývoji právní regulace.
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