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Evaluation of tenders in public procurement according to its economical advantage
Sahánková, Barbora ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Abtract The main aim of this diploma thesis is to analyze the evaluation of tenders in public procurement according to their economic advantageousness and at the same time to compare the current stage of the ability of contracting authorities to evaluate this economic advantageousness compared to the stage of effect of the previous legal regulation. The background information for the topic of this diploma thesis were obtained from the legal regulation of the Czech Republic and the European Union, professional literature (legal commentaries), professional articles of periodical publications dealing with public procurement, internet sources and the case law of the Office for the Protection of Competition, administrative courts of the Czech Republic and the Court of Justice of the European Union. The analytical approach, linguistic, teleological and comparative method of legal interpretation were used. This diploma thesis consists of six main chapters. The introductory chapter discusses the purpose and aim of the legal regulation of public procurement and in the following chapter the part of the tender procedure and the basic principles of public procurement, crucial for the whole process of public procurement. The third chapter is devoted to the core of this thesis, namely the economic advantage in the...
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Boilerplate contracts made by an entrepreneur
Válek, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Entering into contracts of adhesion by entrepreneur Abstract This thesis is focused on the topic of entering into contracts of adhesion by entrepreneur. It is an agreement that allows one party no bargaining power, typically to the weaker party and though is limited only to accept it or to reject it. In this thesis I pursue to describe problematics of adhesional contracts in detail focusing on specifics related to entrepreneur and possible lack of legislation. At the end of this thesis i describe the benefits of this institute and it's possible future evolution. Key Words Contracts of adhesion, Standardize form of a contract, clauses, freedom of contract, weaker contractual party, entrepreneur
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Red Book FIDIC contractual terms and conditions and their use by public investors in the Czech Republic
Galousková, Simona ; Horáček, Tomáš (advisor) ; Klee, Lukáš (referee)
RED BOOK FIDIC CONTRACTUAL TERMS AND CONDITIONS AND THEIR USE BY PUBLIC INVESTORS IN THE CZECH REPUBLIC Abstract This thesis is focused on the application of the Red Book FIDIC contractual conditions in relation to the realization of transport infrastructure, namely the Road and Motorway Directorate of the Czech Republic and the Railway Infrastructure Administration. With regard to Czech legislation, particularly in the area of public procurement, the Red Book FIDIC terms and conditions are changed through special contractual conditions. The terms and conditions of the special contractual terms are compared not only with the general contractual terms and conditions but also with the concept of the special contractual terms of the investors themselves. The thesis is divided into 13 parts. Firstly, the International Federation of Consulting Engineers (FIDIC) is introduced, followed by the Czech Organization of Consulting Engineers (CACE). The second part of the thesis introduces the investor, the client, as the client according to the Public Procurement Act, therefore the work in this section briefly introduces the legislation of public procurement in the Czech Republic. The next part of the thesis introduces the contractor as the other party to the contract, including subcontractors or associations of...
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Payment account
Kolářová, Jana ; Horáček, Tomáš (referee)
Payment account Abstract The firstpart of the thesis contains a brief historical development that preceded the creation of a payment account. Furthermore, its definition, essence and characteristic features. Subsequently, the legal regulation of the account is mentioned, both generally in the Civil Code, and all types of accounts are mentioned, as well as in related legal regulations. The thesis also analyzes the account contract, including the subjects of the contract, the requirements of the contract, possible forms of its conclusion, changes and cancellation. Subsequently, this work deals with the legal regulation of the payment account specified in the Payment System Act, while the work also mentions the development of European regulation in recent years. Furthermore, this work deals with the legal regulation of a payment account contract, which the Payment System Act refers to as a payment services contract, and as a framework contract. It also mentions a contract for a one-time payment transaction, an indirect payment order service, account information and marginally mentions the balance of money confirmation service, the so- called new service. Subsequently, this work deals with the conclusion, change or termination of a payment service contract, which is regulated by the Payment System Act, and also...
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Time of Performance of an Obligation (Focusing on Entrepreneurs' Obligations)
Král, Tomáš ; Horáček, Tomáš (referee)
Time of Performance of an Obligation (Focusing on Entrepreneurs' Obligations) Abstract The thesis deals with time of performance of an obligation from the perspective of private law and focuses on entrepreneurs' obligations. The aim of the thesis is to provide a comprehensive description and analysis of the topic. Time of performance is analysed while employing functional approach and its relationship with other legal institutes is emphasized. The thesis is divided into five chapters. It starts with general subjects and ends with the special ones. The first chapter provides a general introduction to the topic. Time of performance is classified within the law of obligations and its functions are analysed. Then there is a comparative excursus, which is made use of later in the thesis, that focuses on prerequisites of remedies for non-performance. The thesis then focuses on terminology (time of performance, maturity, ability to perform) and on the concept of time in the field of law. In the second chapter, cases where time of performance is determined in advance (Section 1958 para. 2 CC) are analysed and particular sources of time of performance are illuminated. The third chapter deals with cases where time of performance is not determined in advance and depends either 1) upon the will of a creditor (Section...
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Franchising in the Context of Competition Law
Horáčková, Iva ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
Thesis: Franchising in the Context of Competition Law Author: Iva Horáčková English Abstract In the paper called "Franchising in the Context of Competition Law", the author deals with a topic that has not yet been elaborated in detail in Czech legal science. As in Czech law, there is no special regulation regulating franchising, there are no more detailed studies that would address the individual issues of the franchise relationship. Franchising as a form of enterprise is being often used in the Czech Republic and the numbers of franchise chains operating here are increasing every year. Therefore, it may be assumed that urgent events from practice will generate a deeper interest of legal science in franchising in the future. In the introductory explanation, the author clarifies the essence of franchising and distinguishes the franchise contract from the variety of contracts regulated by the Civil Code. However, the main topic of this work is the conflict between franchising and competition law. The work examines the aspects of both public law and private law. The European Union's regulation is taken into consideration particularly in the analysis of individual issues related to the protection of competition. The interpretation is also amended by an overview of decisions passed by the European Court of...
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Company members in individual types of companies
Kučva, Tomáš ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
The thesis sets its goal in finding and identifying the most significant elements of differentiation between a legal statuses of members of individual forms of business companies in Czech law system. These elements are being a subject of further analysis and research of how they result both in the companies' operations and internal relations between members. Despite the fact that in general, rights and duties of members of individual types of business companies are based on values and mechanics that are common to all, legal statuses of members are diametrically different in many ways. These differences have major impact both on forms and extent to which members can excercise their rights, as well as matters of their duties and consequences of their default. However, these distinctions systematically correspond with whether a personal or capital element prevails in the type of the corporation. The first chapter introduces the essential parameters and specifics of individual forms of companies, emphasising their role and importance within a business environment. Chapter two is dedicated to the matters of membership in a business company, focusing on its acquirement and termination in different types of companies. From a comparative view, this chapter first describes both original and derivative ways...
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Specific aspects of sector public procurement
Beran Kulhavý, Daniel ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
1 Specifics aspects of sector public procurement Abstract This diploma thesis describes the Czech legal regulation of sectoral public procurement. The aim is to provide a comprehensive view of this issue. Legislation of sectoral public procurement is a sector of public procurement law which is also specific in that it also affects private entities. The thesis is divided into two basic parts. The first part describes the key topics of awarding sectoral public procurement. There is described the principle of determining the sectoral public contract, the difference of this concept compared to the previous legislation, the identification of persons who can become public contracting authorities and the definition of other terms that are typical for sector public public sector contracts. Furthermore, the issue of relevant activities in the gas, heating, electricity, water, transport, land use areas, airport and port services, postal services and mining is described in detail. The analysis of related case law is also described in the context of determining relevant activities. The second part analyses the special provisions for the award of sectoral public contracts public sector contracts, which is regulated by special provisions against the general regime. Particular attention is paid to the exceptions for...
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Compensation for damage caused by defective product
Sedláček, Jakub ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
79 Summary This diploma thesis deals with selected aspects of product liability. The main aim of this thesis is to conduct critical analysis of aspects related to the concept of product and its defects. The thesis analyses the legal rules contained in Sec. 2939 - 2942 of Act No. 89/2012 Coll., as amended, in the light of the Council Directive 85/374/EEC of 25 July 1985 on the approximation of laws, regulations and administrative provisions of the member states regarding liability for defective product, which is transposed into Czech law by these provisions. Although product liability has been part of the Czech legal order for more than twenty years, it still contains many unclear or controversial issues which are addressed in this diploma thesis. The thesis takes into account analogous legislation in Austria and Germany. The first part of the thesis describes product liability in a general way allowing to understand its purpose and systematics. The second part is devoted to the analysis of the purpose of Directive 85/374 and defines the consequences stemming from its EU origin, which must be taken into account in the interpretation of domestic legislation. The third part contains an analysis of the notion of product and offers a solution to the disputed issue concerning the subordination of intangible items...
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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions This thesis focuses on contracting with standard commercial terms between entrepreneurs. There are higher demands on the mentioned subjects, and therefore, in these cases, the provisions of the Civil Code governing the standard commercial terms will be interpreted differently than in the case of entrepreneur - to - consumer relationships. At first I will try to define the notion itself of business obligations and standard commercial terms. The thesis prefers material understanding of the standard commercial terms. In the other parts, the thesis deals with the function and division of commercial terms. The Civil Code draws the line between standard commercial terms prepared by professional or interest organisations and other standard commercial terms. On that mentioned professionals or interest organisations do not exist any further qualitative or quantitative requirements. This type of standard commercial terms are in the privileged position as to its incorporation. To be the standard commercial terms able to became the valid part of the contract, the link on that terms has to exist. They have to be futther attached or known to the parties. These steps are described in detail. If the standard commercial terms became valid part of the contract,...
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