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Marketing harassment as the facts of unfair competition
Opitzová, Nika ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
MARKETING HARASSMENT AS THE FACTS OF UNFAIR COMPETITION Abstract This master's thesis titled "Marketing harassment as the facts of unfair competition" focuses on the legal regulation of marketing harassment, which was introduced by Act No. 89/2012 Sb, Civil Code. This Act lays out what is considered the statutory facts of unfair competition. These particular facts concern the phenomenon of unsolicited advertising that is unprecedently common in present-day society. The establishment of the institute of "marketing harassment" in the new Czech Civil Code can be considered a positive measure taking into account that its purpose is to protect the privacy of a legal entity. However, the very formulation of marketing harassment in the abovementioned Act can hardly be judged as a distinctively positive one. The objective of this thesis is not only a detailed analysis of marketing harassment itself and evaluation of its positives and negatives, but also a comparison with the regulation of similar issues found in other regulations as well as self-governing regulations (specifically in the Code of Advertising). The attempt to outline possible changes in these facts in terms of de lege ferenda is an integral part of this thesis. The thesis is divided into five chapters. The first chapter contains a brief overview of...
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Unsolicited advertising in Czech and German law
Vacková, Linda ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Unsolicited advertising in Czech and German law This thesis, entitled "Unsolicited advertising in Czech and German law", comprehensively analyses the issue of unsolicited advertising in the legal system of the Czech Republic and the Federal Republic of Germany. Unsolicited advertising represents a certain interference with the personal or commercial sphere of its addressee or third parties, and in the context of the development of modern means of communication appears increasingly and in various forms. Even though advertising in general is a reflection of freedom to conduct a business and freedom of expression, its legal regulation is needed, especially in case advertisement is undesired and harassing. The text of this thesis is systematically divided into four consecutive parts. The first part constitutes an initial reflection on the need and reason for a legal regulation of unsolicited advertising. The second part is divided into four chapters and provides the basis for regulation of unsolicited advertising and an outline of its current form. The first chapter deals with the historical background of regulation of unsolicited advertising. The second chapter places unsolicited advertising into a wider legal framework of constitutional law. In the following third chapter the issue of unsolicited...
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Unsolicited advertising in Czech and German law
Vacková, Linda ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Unsolicited advertising in Czech and German law This thesis, entitled "Unsolicited advertising in Czech and German law", comprehensively analyses the issue of unsolicited advertising in the legal system of the Czech Republic and the Federal Republic of Germany. Unsolicited advertising represents a certain interference with the personal or commercial sphere of its addressee or third parties, and in the context of the development of modern means of communication appears increasingly and in various forms. Even though advertising in general is a reflection of freedom to conduct a business and freedom of expression, its legal regulation is needed, especially in case advertisement is undesired and harassing. The text of this thesis is systematically divided into four consecutive parts. The first part constitutes an initial reflection on the need and reason for a legal regulation of unsolicited advertising. The second part is divided into four chapters and provides the basis for regulation of unsolicited advertising and an outline of its current form. The first chapter deals with the historical background of regulation of unsolicited advertising. The second chapter places unsolicited advertising into a wider legal framework of constitutional law. In the following third chapter the issue of unsolicited...
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Marketing harassment as the facts of unfair competition
Opitzová, Nika ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
MARKETING HARASSMENT AS THE FACTS OF UNFAIR COMPETITION Abstract This master's thesis titled "Marketing harassment as the facts of unfair competition" focuses on the legal regulation of marketing harassment, which was introduced by Act No. 89/2012 Sb, Civil Code. This Act lays out what is considered the statutory facts of unfair competition. These particular facts concern the phenomenon of unsolicited advertising that is unprecedently common in present-day society. The establishment of the institute of "marketing harassment" in the new Czech Civil Code can be considered a positive measure taking into account that its purpose is to protect the privacy of a legal entity. However, the very formulation of marketing harassment in the abovementioned Act can hardly be judged as a distinctively positive one. The objective of this thesis is not only a detailed analysis of marketing harassment itself and evaluation of its positives and negatives, but also a comparison with the regulation of similar issues found in other regulations as well as self-governing regulations (specifically in the Code of Advertising). The attempt to outline possible changes in these facts in terms of de lege ferenda is an integral part of this thesis. The thesis is divided into five chapters. The first chapter contains a brief overview of...
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