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Commencement, course and closing of the public tender procedure
Kořenová, Veronika ; Plíva, Stanislav (advisor) ; Oehm, Jaroslav (referee)
- 111 - PROHIBITION OF DISCRIMINATION BASED ON SEX IN LABOUR-LAW RELATIONS This diploma paper deals with the prohibition of discrimination based on sex in labour-law relations. Its main objective was to present a comprehensive construction of legal regulation of equal treatment and equal opportunities for men and women both in the legal order of the Czech Republic and in the law of the European Community ("EC") and in public international conventions. The thesis opens with the explanation of general framework of the subject, it especially analyses the notion of equality and various approaches to this concept. Further on, the paper focuses on the demonstrations of unequal chances of men and women on the employment market, as well as on the historical aspects of women's status in society. Quite an extensive part of the presentation is dedicated to the definition of the fundamental concept of discrimination, its particular forms (above all the conception of direct vs. indirect discrimination) and exceptions to the principle of equal treatment. The explication is primarily based on definitions contained in the European directives (to the implementation of which the Czech Republic as a Member State of the EC is obliged), as well as on the relevant judicial decisions of the European Court of Justice ("ECJ"). The...
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Withdrawal from a contract
Junek, Jan ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
I chose this topic because I would like to be devoted primarily to private law with an emphasis on commercial law and I think that withdrawal from the contract is very common commercial practise phenomenon. The purpose of my thesis is to analyse topic withdrawal from a contract, draw attention to some shortcomings and suggest an amendment of legislation. The thesis is composed of four chapters. Chapter One is defines concept and nature of withdrawal from a contract. Chapter Two deals general legal form withdrawal from a contract in accordance with the Commercial Code. Chapter Three deals special legal form. Chapter Four concentrates on problems resulting from the upcoming changes. Here I tried to analyze the various provisions of the forthcoming new Civil Code. The main conclusions, which I obtained, are following. Withdrawal from a contract is an unilateral legal act of one of the contracting parties addressed to the other contracting party, by which provided fulfilment the conditions laid down by law, is an agreement cancelled. This is an exception from the general principle, that the contracts should be observed. The basic rule, which is included in the Czech Commercial code is that the parties could withdraw from the contract, if it establishes law or a contract. The main reason which leads to...
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Enterprise as a subject of legal relations
Baumann, Róbert ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Enterpise as a subject-matter of legal relationships The aim of the construed graduation theses is to interpretate legal notion "the enterprise" and to explain rights and obligations of parties to a legal relationships in which enterprise figure as a subject-matter. Interpretation of the notion enterprise is mainly related to its legal regulation in czech Commercial code, nevertheless analysis of enterprise in law of European union or retrospective to its meaning in former Czechoslovak legislation has not been omitted. The enterprise is in czech legal system understood as a subject-matter of legal relationships or particular contracts. It is comprised by material, immaterial and personel elements of business (e.g. personal things, real estates, all types of rights) Those various components are unified by common purpose and owned or related to one natural person or legal entity. Principal part of the work is devoted to interpretation of various legal relationships created by contracts in which enterprise represents subject-matter of a contract. Not all of the contractual relations has been described, thesis contain only contract for the sale of the enterprise, contract of the lease of the enterpise and security contract. Attention has been paid to interpretation problems which might arise in those...
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Financial collateral
Čabart, Filip ; Čech, Petr (advisor) ; Plíva, Stanislav (referee)
- 75 - PŘÍLOHA 4 RESUMÉ A SEZNAM KLÍČOVÝCH SLOV Financial Collateral Arrangements Following the rapid expansion of financial markets in the past decade, in particular in the trading of credit derivatives and related instruments used to downgrade credit risk, the necessity for a harmonized legal framework throughout Europe became eminent to ensure the operability and functioning to the Joint market of financial services, especially with regard to cross border transactions. The European Commission addressed this need by the proposal, and later adoption, of the Directive on Financial Collateral Arrangements, which as a part of the Action Plan on Financial Services requires member states to adopt into their national legislation, provisions regulating the minimum standards of such arrangement. The regulation adopts the approach of minimal formalism, with regard to the creation and enforcement of such secured arrangements and with emphasis on the collectability of the secured claims and general strengthening of the position of the creditor - the collateral taker. This also includes the protection of such arrangements from national insolvency proceedings. Even though the Czech Republic, like vast majority of the member states, adopted the Directive quite diligently, it failed to enforce some crucial matters...
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Selected issues of public tenders
Loucká, Jitka ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Diplomová práce Vybrané otázky zadávání veřejných zakázek 76 RESUMÉ THESIS: Selected issues of public tender The purpose of my thesis is to analyse selected issues of public tender, namely tender documentation, qualifications, fulfilment and assessment. I chose to tackle this subject as I regard it as being very topical and interesting, bearing in mind that we are talking about spending high amounts of public cash by a contracting authority (such as state allowance organisation, territorial self-governing unit or the Czech Republic itself, etc.). The thesis includes four chapters as well as an introduction and a conclusion, each of them dealing with different aspects of the Act on Public Tenders. Chapter Two is introductory and defines basic terminology used in the thesis: public tender, the contracting body, types of awarding procedures and basic principles of this procedure such as transparency, equal treatment and non-discrimination. The chapter Three, referred to as Tender Documentation, is subdivided into five parts. It includes a definition of the basic institution in the first part, and the remaining parts deal with technical specifications, classification of subject-matter of public contract, supplying of tender documentation to economic operators and providing additional information to tender...
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The scope of liability to damages under the Commercial Code
Rožánek, Petr ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Extend of liability for damage in the Commercial Code The general private legal regulation of liability for damage is stipulated in the Civil Code (hereinafter referred to as "ObčZ"). The Commercial Code (hereinafter referred to as "ObchZ") also contains some provisions regulating damages, mainly those for breach of contractual obligations and obligations prescribed by the Commercial Code. This regulation of damages shall be used in relations governed by it as a matter of priority. In order to claim damages according to the Commercial Code, all the following basic preconditions shall be met: - occurrence of damage - breach of legal obligation - causal relation between occurrence of damage and breach of legal obligation And at the same time - there are no circumstances excluding liability for breach of obligations The Commercial Code stipulates the liability for damage as no-fault liability. It means that the liability relation is not conditioned by fault and occurrence of the above presumptions is enough. Pursuant to s. 379 of ObchZ, "damage" means actual damage and loss profit. Both judicial practice and legal theory consider actual damage as damage to property in the form of reduction of property of an injured party as a result of an event causing damage. "Lost profit" means in judicial practice damage,...
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