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Indirect discrimination against contractors in public tenders
Přindiš, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Indirect discrimination against contractors in public tenders ABSTRACT This thesis deals with the legal regulation of public procurement and focuses on the issues of indirect discrimination of contractors in public tenders and the fact that some economic operators cannot participate in procurement procedures due to unjust obstacles to competition laid down by the contracting authorities. One of the main principles of procurement, principle of non-discrimination is described in detail with a use of opinions of stated by the national courts, the Court of Justice of the European Union and in the decisions of the Office for the Protection of Competition in particular. The author of the thesis tries to describe the means of indirect discrimination that occurred in the past procurement procedures within the area of European Union. Discriminatory behavior of the contracting authorities is captured in a comprehensible way and the author shows practical examples to the reader. That all helps to illustrate why the contracting authority's specific behavior was not in compliance with the rules set out in public procurement. It is the analysis of the decision-making practice of the Office for the Protection of Competition, case-law of the national courts and the European Court of Justice that provides an insight into...
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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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Business contracts with consumers
Bém, Jáchym ; Liška, Petr (advisor) ; Čech, Petr (referee)
Title: Business contracts with consumers This thesis presents an analysis of the general regulation of consumer contracts. Given the comprehensive nature of this topic and its many ambiguities due, among other things, to the recodification of civil law, it was not possible to address every aspect of consumer law. This is also why the specific regulation of distance contracts and of contracts concluded outside of business premises was not analysed. On the other hand, emphasis is placed on provisions whose interpretation is uncertain and that require clarification by means of the case law. The thesis consists of five chapters which are divided into several thematic topics. In the chapter one, I introduce the basic issues which I will analyse in detail and for which I attempt to find or at least outline possible solutions. It is first necessary to introduce the topics in terms of their legislative classification and to define the basic concepts of consumer law - consumer, entrepreneur and consumer contracts. The fourth chapter is the most comprehen- sive and forms the core of the thesis. It contains an analysis of the specifics of consumer con- tracts, which are compared to the general regulation of the law of obligations and are system- atically divided into subchapters. Each subchapter summarizes...
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Consumer credit.
Chudoba, Jan ; Liška, Petr (advisor) ; Eichlerová, Kateřina (referee)
This diploma thesis analyzes legislation governing consumer credit. In the recent past, a notable development has occurred in this particular area of consumer protection, especially in the field of European legislation. This development has also been reflected in the Czech legal system due to the necessity of transposing European directives. This diploma thesis describes the development of consumer credit legislation at European level starting with Directive 87/102/EHS and also by the Consumer Credit Directive and the Mortgage Credit Directive, which is the last legislative act of the Union legislator in this area and in the domestic legal system starting with Act 321/2001, following with Act 145/2010 and finishing with the current legislation by the Consumer Credit Act. The Consumer Credit Act contains a comprehensive regulation of the activities of providing and mediating consumer credit, regulation of entities operating on the consumer credit market as well as rights and obligations in the provision and mediation of consumer credit. The first chapter defines terms needed to understand consumer credit issues such as consumer, credit and consumer credit terms. The first chapter also contains a basic description of the issue of consumer protection, which, as a legal area, covers all areas of legal...
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The letter of credit contract and the collection contract
Chabr, Jan ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The letter of credit contract and the collection contract The diploma thesis deals with the topic of the Direct Debit Contract and the Letter of Credit. A Letter of Credit is a special payment instrument issued as a rule by a bank that the principal has undertaken to pay to the person in whose interest the Letter of Credit is open and designated as the authorized amount up to the amount agreed. The Direct Debit is the commitment of the collector of receivables to obtain from the third party a receipt of a sum of money or other Direct Debit. Current legislation, contained in the Civil Code, took over the legal regulation of the Letter of Credit and the Direct Debit from the Commercial Code without any major changes. Both institutes show a number of identical and different elements. From a practical point of view, it is not possible to look for serious application problems in the Letter of Credit or Direct Debit. Keywords: Letter of Credit, Direct Debit, Banking, Bank, Payment Instruments, The Collection Contract
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The purpose of regulation of financial assistance to limited liability companies
Chejn, Jiří ; Čech, Petr (advisor) ; Liška, Petr (referee)
The purpose of regulation of financial assistance to limited liability companies Purpose of this thesis is to show that the regulation of the financial assistance for acquisition of own shares in case of limited liability company (in Czech: "společnost s ručením omezeným") does not make sense anymore. As it fails to fulfil its original purpose, and, moreover, it repeatedly causes significant problems to transactions that would bring an economical advantage if it was not for the financial assistance regulation. Aim of chapter one is to summarize the history and the development of the financial assistance regulation in the Czech Republic as well as in other jurisdictions. Some issues which are typically linked to the financial assistance regulation are shown by the comparison especially with the jurisdiction of the United Kingdom. Significant trends in the financial assistance regulation are also described in chapter one. Chapter two concerns the current financial assistance regulation in the Czech Republic. Author deals with provision of financial assistance by the limited liability company under act on business corporations. There is also analysis of conditions for lawful provision of the financial assistance - the whitewash procedure. The end of this chapter is focused on unlawful provision of...
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Protection against irregular practises of contracting authority
Ducháček, Tomáš ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis deals with the protection against irregular practises of the contracting authority in awarding public contracts. I analyzed part of the Government Procurement Act on Review Procedures, including some of the regulatory impacts. The introductory part of the thesis is followed by a chapter explaining the basic concepts of the issue. In the chapter three, I deal mainly with the institute of objections and blocking deadlines that prevent the contracting authority from entering into a contract. Next chapter is dedicated to the proceedings before the Office for the Protection of Competition, from the submission of the petition, through the deposit institution or the newly established obligation to pay the claim fee, the specific differences in the proceedings before the Office against the standard administrative procedure are highlighted, up to the possible ways and reasons of the termination of the administrative procedure. Appeals against the Office's decision, including possible appeals to the administrative court, are the subject of chapter five. In the end, I summarize the lessons learned, I respond to the questions asked in the introduction and I come up with considerations about legislation. Personally, I consider the analyzed legislation to be quite good. I consider the strengthen role...
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Societas Unius Personae
Turečková, Jana ; Josková, Lucie (advisor) ; Liška, Petr (referee)
Tato diplomová práce pojednává o nové formě obchodní korporace , jejíž zavedení na vnitřní trh Evropské unie by mělo usnadnit společnostní v zahraničí, a to zejména pro malé a střední podniky. Návrh směrnice společnostech s ručením omezeným s jediným společníkem, který přináší formu vnitrostátní obchodní korporace, která se bude řídit harmonizovanými pravidly napříč všemi členskými současné době předmětem legislativního procesu v Radě EU Potřeba představení této nové formy obchodní společnosti společně s absencí české odborné literatury k tématu byly primárními Kromě samotné analýzy návrhu směrnice jako celku a jejich jednotlivých ustanovení původního návrhu předloženého Komisí a kompromisního znění návrhu, jehož bylo dosaženo při projednávání směrnic prvním čtení v Radě v obecného přístupu, a jejich kvalitativní zhodnocení. Použitými pracovními metodami jsou především metoda systematické analýzy, deskripce a komparace. Vyjma úvodu a závěru se tato diplomová práce skládá ze tří kapitol dále členěných zájmu přehlednosti předložení návrhu směrnice o společnostech s ručením omezeným s jediným společníkem, čímž vytváří podklad pro pochopení cílů a důvodů tohoto návrhu. ormy obchodní společnosti, přičemž směrnice znění předloženém Evropskou komisí. Navazující třetí kapitola pře srovnává úpravu navrženou Komisí s...
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Rights and duties of a liquidator
Mráz, Vojtěch ; Josková, Lucie (advisor) ; Liška, Petr (referee)
The main objective of this thesis is to describe the issues of liquidation and the liquidator and to find possible solutions of the potential ambiguities of law interpretation. Author presents answers to set research questions about rights and duties of a liquidator and related institutes. The ambition of the work is not to create an exhaustive list of rights and duties of a liquidator but rather bring own inventiveness of the author on this issue. The work is partially focused on regulation of liquidation of capital companies. Author works with the relevant laws, commentaries and law cases relating to the topic. The thesis is divided into three parts that are devoted to individual examined institutes. The author brings different point of views on the topics through the opinions of relevant experts. The first chapter, entitled "Liquidation and a liquidator" describes the liquidator, the liquidation and its goal and purpose. It points out to the fact that the liquidator has remained as body of legal entity. In this context, the author relates a large number of rights, especially duties of a liquidator. Significant part of the thesis is devoted to the question of the possibility of filing a request for erasure of a legal person from the relevant register. The second chapter is devoted to the way of...
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Consumer credit
Vojtěch, Petr ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The diploma thesis analyzes the proposed legislation governing the consumer credit. This area of consumer protection is currently undergoing vast evolution throughout the member countries of the European Union due to the obligation to implement the Mortgage Credit Directive 2014/17/EU. The Government of the Czech Republic utilized the legislative opportunity to propose a new act on consumer credit which would not only implement the Mortgage Credit Directive, but also include the regulation under the Consumer Credit Directive 2008/48/ES to provide a new framework encompassing all credit provision and credit intermediation activities and relevant rights and obligations. In addition to the actual examination and description of the proposed legislation, the diploma thesis aims to highlight and evaluate the most significant issues which might cause theoretical or practical interpretation difficulties or in respect of which some differing opinions regarding their interpretation could be met. The methods of systematic analysis, description and comparison with the currently effective legislation were used. The first chapter sets out the foundations of the thesis through description of the concepts of credit and credit contract which are necessary to understand in order to identify characteristics which are...
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