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Theory and Practice of Legal Protection of Personality Rights
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Theory and Practice of Legal Protection of Personality Rights Legal protection of personality rights is a specific and important issue, which allows every human being to enjoy his or her personality rights without any interventions. This kind of protection is grounded on the obligation of the society as a whole to respect human dignity and the inviolability of personality of every individual. Based on findings contained in my diploma thesis, the Czech legislation pays considerable attention to the protection of personality rights especially in the provisions of the Civil Code and the Charter of Fundamental Rights and Freedoms, both providing legal guarantees for defending oneself against illegally attacked parts of human personality. This kind of legal protection is supported by the effectiveness of the new Civil Code; unlike the previous Civil Code, it expands the number of provisions protecting human personality rights. My diploma thesis clearly suggests that the Czech legal regulation offers to injured individuals different possibilities of claiming their personality rights, for example, how to seek protection of already violated rights, which should be evaluated positively. However, it should be noted that legal practitioners must do their best to make efficient the means for remedying violated...
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The Umbrella Clause in investment disputes
Šindelář, Jakub ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
"Umbrella Clause" in investment disputes The diploma thesis deals with the topic of the so-called umbrella clause, a provision that can be often encountered in the bilateral investment treaties. The aim of the thesis is to identify and assess individual interpretation issues that are faced by the arbitration tribunals when applying this provision. The thesis is composed from two main parts, theoretical one and analytical one. Each part is further divided into two separate chapters. First chapter familiarizes a reader with the basic instruments of international investment law, the bilateral investment treaties and investment contracts. The umbrella clause issue is closely intertwined with the topic of internationalization of investment contract, which is also discussed within this chapter. The second chapter provides basic introduction to the examined legal institution. Besides determining characteristic features of the umbrella clause and basic variations of its wording, the chapter also focuses on presence of this provision in contemporary sources of international investment law. In this regard, detailed analysis of the Czech bilateral investment treaties is presented. Last but not least, the attention is paid to the historical context of the issue. The detailed analysis of the International...
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Bank guarantee
Hejná, Veronika ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
Bank guarantee Even after recodification of the private law in the Czech Republic, the bank guarantee remains an important means of covering risk; mostly due to its universal nature. The aim of this thesis is to provide a comprehensive view on the topic of bank guarantees, especially in light of the new Civil Code. The work will focus on defining the nature of the bank guarantee, as well as the ties between the subjects of the relationship formed within bank guarantees, and its basic principles. I have chosen this subject matter, as the bank guarantee remains pertinent, not only in foreign trade, but also in the Czech Republic, as evidenced by legislation such as the Public Procurement Act, the Act on Public Auction, or in the Customs Law. However, the most important role of bank guarantees remains in international trade, where in addition to market risk and performance risk of the contractual counterparty, a territorial risk prevails. In international trade, usually multiple banks take part in the guarantee relationship. This thesis is divided into eight chapters. The first chapter deals with ways of debt security in the new Czech Civil Code and conceptual and terminological changes. It briefly outlines and defines the institutes of insuring debt in new Civil Code. The second chapter concentrates...
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Proposal for Debt Collection Improvement in the Enterprise
Sudeková, Petra ; Pavlík, Jan (referee) ; Musilová, Helena (advisor)
This bachelor thesis is focused on debt collection and debt security of the specific creditor. It is primaly focused on information about legal enforcement, accounting, taxes and economics. It specifies claims of this creditor, within context of insolvency. These claims are analysed regarding debt collection and rate of enforcement. Main task of this thesis is to provide creditor with effective solution for debt collection and new perspective.
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Debt Collection on Behalf of Law Firm
Zábrž, Jan ; Poledník, Petr (referee) ; Kopřiva, Jan (advisor)
This thesis deals with several ways of recovering debts under applicable laws. In the theoretical section explains the different ways of enforcement. The practical part is focused on ways to enforce in practice. The various legal actions and procedures areapplied according to the applicable case law. Based on the experience and knowledgeis chosen the most appropriate procedure recovery and more efficient processing of claims.
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Trader’s Application for a Refund VAT from EU Countries
Moravec, Petr ; Penka, Miroslav (referee) ; Kopřiva, Jan (advisor)
The bachelor‘s thesis considers harmonization of value added tax in the European Community. It targets the refundation of VAT. The thesis analyses influence of communitary law on national law and the diferences between legislations of individual states. Issue of the thesis is describe conditions and examination of the claim to refundation. It describes whole procedure of tax subjects in the proces of refundation from the states of European Union.
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