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Comparative, false and hidden advertisement
Bartl, Aleš ; Černá, Stanislava (advisor) ; Macek, Jiří (referee) ; Patěk, Daniel (referee)
RESUME This thesis deals with the Czech, French and EU regulation of the Misleading, Comparative and Hidden advertisement. I described imperfection and non-consistency of the Czech regulation. The Czech regulation of the Misleading, Comparative and Hidden advertisement is to the great extent result of the implementation of the EU Directives. Nevertheless, these directives have been implemented imperfectly and incompletely. This fact relates namely to the implementation of the Directive of the European Parliament and Councel No. 2005/29/EC, on the Unfair commercial practices towards consumers. One of the key issues that the Czech Academia had to deal with was the possibility of consumer to use for its defence against unfair commercial practice stipulations of the General Clause of the Unfair Competition set by the Commercial Code. The broadly accepted answer is that the consumer is entitled to use for its defence against unfair commercial practice the General Clause of Unfair Competition, under the condition that the practice passes through the "unfair practice" test accordingly to the Consumer Protection Act. In this thesis I am defending an opinion that the Czech legislator chose relatively easy, but incorrect way to achieve this implementation. Among other, it ignored a challenge to recodify Czech...
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