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Liability of governing bodies of limited companies
Vitha, Petr ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
- Liability of governing bodies of limited companies The thesis deals with the liability of governing bodies of limited companies in the light of the recodification of private law. The given topic is becoming increasingly acute in the Czech legal environment, especially with regard to the codification of due diligence and the business judgment rule in the basic acts of private law, namely the Civil Code and the Business Corporations Act. The aim of this work is to provide a comprehensive insight into the problems of the concept of liability within the Civil Code and a view into the Business Corporations Act and the ensuing liability of governing bodies of limited companies. In the first chapter of this thesis, various key concepts, which are used and elaborated throughout this paper, are analyzed and defined. The concept of liability is analyzed in terms of a historical perspective - both from the so-called prospective and retrospective conception to the conception contained in the Civil Code. The concept of a statutory body (governing body) is analyzed both in terms of rules contained in the Civil Code and in terms of the different specificities of the Business Corporations Act including the analysis of directors of a limited company and the board of directors of a joint-stock company. The second...
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Regulation of Prostitution: Ethical and Legislative Context of Regulation of Prostitution Aimed at Legalizing and Illustrated by the Example of Contemporary Czech Republic
Telínová, Gabriela ; Halama, Jindřich (advisor) ; Bartoň, Daniel (referee)
The thesis deals with the prostitution and its casual links to both moral and legislation matters. In this context, it focuses on recent efforts to legalize prostitution in the Czech Republic. The thesis starts with a brief treatise concerning an image of the prostitution as a phenomena, including a few possible reasons for getting involved in it. Thereafter, the thesis addresses a human sexuality and standards, which, through their application in practice, have an influence on our perception of this phenomena. This is also linked to the way we are proceeding to regulate prostitution, and why. The following chapter shows linkages to prostitution-related criminality, in which the majority of standards are broken. The point of this chapter lies in the fact that there is a real necessity for action, longed for by society, in order to regulate this field and to ensure both legal- and practice-wise protection to all threatened categories of people. This thesis also includes a chapter on current legal regulation of prostitution and its legalization in the Czech Republic. It covers various matters, e.g. how to take preventive measures against the crime in question; how to protect prostitutes, their clients or even a society; and how to comply with all these three parties' wishes in the most favourable...
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Due managerial care and diligence and liability for their breach in a limited company
Sosna, Jakub ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
The requirement to perform duties with reasonable care and loyalty under the threat of liability is a basic standard every corporate director must meet. The aim of this thesis is to analyse the content of this standard and liability within the context of new re-codification of Czech private law. In doing so, the author focuses on interpretative possibilities and problems that may occur. Chapter One is an attempt to connect the main topic with a broader context of law and economics knowledge in order to define leading requirements for company regulations. Chapter Two consists of three parts. Part One briefly describes content of fiduciary duties. Part Two refers to duty of loyalty. The author aims to answer a traditional task to whom the corporate directors serve. The author argues for so-called enlightened shareholder value model. This model requires director to promote the success of the company for the benefit of its shareholders as a whole. In doing so, they need to take into account the company's stakeholders' interests and the impact of the company's operations on the community and the environment. Part Three examines to what extend company directors have to exercise general knowledge, skills and experience that they are expected to have. Chapter Three investigates a task of director's...
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When can a contract constitute the relation of influence or control and their potential consequences?
Bodnar, Tomáš ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
When can a contract constitute the relation of influence or control and their potential consequences? The aim of my thesis is the description of the regulation of group entities (with the exception of concern law) with emphasis on the possibility to establish such relationship by a contract. I am trying to prove that establishment of the relationship of influence and control is possible. I am further trying to prove that such situations are not common in practice. Controlling relationship established by a contract is even quite unique. Another aim of my thesis is to describe the legal consequences of group entities under the Act on Corporations, especially the compensation for damages. However I would also like to take into consideration other consequences of group entities within the Act on corporations.
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Indemnification of claims of injured persons resulting from the insurance of liability for damage caused by operation of a vehicle
Suchá, Veronika ; Karfíková, Marie (advisor) ; Kohajda, Michael (referee)
The thesis deals with indemnification of claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle and especially with individual claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle, where it endeavours to compare legal regulation effective until 31th December 2013 with the legal regulation effective as of 1st January 2014 and it highlight the most important impacts of the Act No. 89/2012 Coll., Civil Code, in the area of indemnification of claims of injured persons originating due to infliction of physical injury or death. It is a very current topic considering the number of traffic accidents and due to the fact, that this is an issue was affected by the re-codification of the civil law. The thesis is composed of five chapters. Chapter one discusses development of legal regulation of the insurance of liability for injury caused by operation of a vehicle in the territory of the Czech Republic. Chapter two defines the basic terms and legal institutes related to indemnification of claims of injured persons resulting from the insurance of liability for injury caused by operation of a vehicle, which are: operation, operator, insurer, the policy holder, insured and injured person, damage and...
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The Internet and copyright-the scope of liability of individual parties involved (webhosting, connection providers...) and modes of protection against piracy (identification and punishment of a pirate...)
Kvasnička, Filip ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The main goal of this thesis is to analyse to what extent piracy on today's Internet is spread; who is responsible for unlawfully shared files from the legal point of view; how it is fought against copyright infringement; how it is possible to identify a person being responsible for copyright infringement and with what kind of punishment the person is to be charged. Moreover, this thesis focuses on in what way the issues mentioned above could develop and presents an outline of legislation changes which would lead to more effective copyright enforcing. The main reason why I have chosen the topic "The Internet and copyright - the scope of responsibility of particular subjects (webhosting, the Internet provider…) and means of protection against piracy (the pirate identification and their punishment…)" is that I find this law field very dynamic and likely to develop further, which makes it appropriate for my future career. What is more, I am close and interested in IT myself. I also believe that the real "boom" of lawsuits has not come to the Czech Republic yet resulting in a good opportunity. This work is divided into nine chapters, each chapter being split into several subchapters following the logical order. In the first chapter the reader is informed that piracy and fighting against it is not a...
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Transparency of NGOs Fighting against Corruption in the Czech Republic
Vomastková, Tereza ; Navrátil, Jiří (advisor) ; Deverová, Lenka (referee)
This thesis discusses the topic of anti-corruption, non-governmental, non-profit organisations (NGOs), and specifically the relationship between their transparency and their sources of financial income. Inasmuch as the activities of such NGOs are of general public interest, and their output should therefore be available to everyone, this thesis focuses on the transparency of these organisations on the Internet as the most accessible medium. The theoretical part of the thesis scrutinises some key concepts, such as anti-corruption NGO, accountability, transparency and organisational resources. The research sample includes 23 organisations who declare to be fighting against corruption and data collection was carried out via the Internet. The goal of this thesis was to analyse the transparency of Czech anti-corruption NGOs since such an analysis has not been carried out to date. An overview of financing and transparency of the organisations under investigation was based on an analysis of their web pages and annual reports. The index of transparency shows the accessibility of information and its correlation with the structure of financial resources determines how various financial resources are related to the organisation's transparency. In the resultant discussion, the findings introduced in the theoretical...
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Anxiety from the perspective of the selected existentialist authors
Sauerová, Kristina ; Luptáková, Marina (advisor) ; Ventura, Václav (referee)
The main topic of this thesis is the subjective experience of anxiety. The author has attempted to secede from the strictly psychological level, therefore there are authors dealing with the overlap of human existence included. As a result, the thesis is also a partly philosophical view of anxiety. However, given the focus of the author, the greater part of the work is based on the psychological view. In the practical part, the hypothesis that the consciousness of the meaning of life has a certain influence on the experience of anxiety was confirmed. However, this effect is not as large and as clear as Frankl describes in his work.
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Delegation of competences in Kindergartens
Daňková, Lenka ; Trojan, Václav (advisor) ; Trojanová, Irena (referee)
My bachelor thesis deals with the process of delegating management competences of pedagogical process in kindergartens with one or more detached places of work which form one legal subject. This work is to present the process of delegating, shows its positives as well as negatives and possible risk. It also brings survey of competences which can be delegated to teachers by a headteacher. There are two parts of the thesis, theoretical and a research. The research is based on the analysis of the questionnaire which main aim is to find out who are the competences delegated to. I was also interested in finding out if the delegation is connected only with deputy headteachers or also with other teachers. Powered by TCPDF (www.tcpdf.org)
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