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Theoretical concept of legal acts of juristic person
Holcová, Eliška ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
Theoretical concept of legal acts of juristic person Abstract This diploma thesis aims to analyze the legal acts of juristic persons from a theoretical point of view and also what practical implications this concept brings. It is divided into three chapters, while the first chapter is divided into three subchapters and is devoted to basic concepts in law and their concept in connection with juristic person. The first subchapter deals with legal personality, especially the subjectivity of a juristic person. The second subchapter deals with legal acts and how legal acts differs from behavior. The third subchapter focuses on legal capacity. Particular emphasis is placed on the legal capacity of juristic persons and on whether it is possible to speak of legal capacity in their context. The second chapter is divided into two subchapters. The first subchapter concerns the development of the very concept of a juristic person. The second subchapter describes selected theories of juristic persons. These are theories of will, interest, combined and modern theories, with emphasis on the theory of fiction and organic theory. The conclusion of the second chapter consists of a treatise on how the theory of fiction and organic theory have been reflected in the Czech legal system over time. The third chapter deals with...
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Abuse of Law in the European and Comparative Context
Fuksová, Lucie ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Abuse of Law in the European and Comparative Context This thesis aims at description and assessment of the principle of abuse of law in the Czech law. Characteristics and consequences of abuse of law are provided and put into context of legal systems and cultures different from the Czech one. Two major aspects of abuse of law are compared: its origin (i.e. emergence, legal basis in relation to character of given legal culture) and actual characteristics and ramifications of application of abuse of law. Where applicable, the consequences of the doctrine are provided separately for private and public law. In the Czech law, this sorting is more fine. This means that more branches of law are being characterized. European law, on the other hand, is not divided into any formal categories. The first part provides general theoretical basics. It deals with the way that legal principles work in the legal system and what is their role among other elements of law such as goals and values, and legal norms on the other hand. It provides description of the way that legal principles work during creation and application of law. The thesis also deals with consequences of application of the principle of abuse. The leading idea of this thesis states that "We must see the abuse of law to know it.". It is thus very...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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Relationship Between Private and Public Law: Past and Present
Šafránková, Anna ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
Relationship Between Private and Public Law: Past and Present Abstract This dissertation addresses the dualism of private and public law from Roman times to the present. It focuses on developments in the content of these concepts in a historical context. The dissertation examines primary sources from Roman law and highlights the significant difference between the distinction between private and public law in Roman law and later misinterpretations of the same. Particular attention is paid to the approach legal science takes to private and public law through the various phases of reception of Roman law, noting the political circumstances that led to the use of the dual concepts of ius publicum and ius privatum from Roman law as well as the change in content of those concepts. The dissertation compares the main differences between modern society and the earlier social system, especially with reference to the socio-legal structure of relationships. It describes the modern ideological sources of values on which modern society is based and traces the ways these values are reflected in modern legal systems. Constitutionalism, emphasis on the legal code as the written source of law, the concept of natural rights, and the concept of the legal state (Rechtsstaat) all made their mark on private and public law in...
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Legal Regulation of Data (Theoretical Perspective)
Balážová, Miroslava ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Legal Regulation of Data (Theoretical Perspective) Abstract The master thesis deals with information and data, their substance and nature, with regards to whether and how it is possible to regulate these. This thesis has three objectives. First objective is to describe and analyse the legal acts, case law and academic literature dealing with information and data. The second objective is to create a theory of information suitable for the law and suggest a legislative and methodological approach to the data and information, thus answering the question whether the information and data may be subject of the legal regulation in general. The third objective is to assess so called technologically neutral approach of the legislator to the legislation which primarily regulates the technology (especially the data). The master thesis brings the following conclusions with regards to set objectives. Firstly, neither the current legislation, nor the case law deals with the concept and methodology of information or data and uses these terms as synonyms. The academic literature lately concerns itself with this topic; however, it does not bring unified theory or methodological approach. Secondly, the thesis brings a proposal of theoretical model of information and data as it suggests examining the term "information" in two...
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Teleological interpretation in private law
Anzenbacher, Vilém ; Beran, Karel (referee)
Teleological interpretation in private law Abstract This thesis deals with the problem of teleological interpretation in private law which, after the re-codification of private law in the Czech Republic has become a vital interpretative method in the process of interpretation of private legal rules. This PhD thesis describes the historical development of approaches to teleological interpretation and its relation to the other interpretative methods. Interpretation of the law is a complex process and individual interpretative methods cannot be approached separately but, on the contrary, in their mutual context. Such procedure is also encouraged by the interpretative provisions contained in the introduction to the new Civil Code. In this thesis, the so-called four-element scheme, namely the division of interpretative methods to teleological, historical, linguistic and systematic interpretation were chosen which also correspond to the categorization that can be inferred from the wording of the new Civil Code. The work is divided into chapters with the content of chapter two to seven forming the focal point, while the first chapter is the introduction and the eighth chapter is the conclusion. In the second chapter, the question of private and public law and the concept of interpretation itself are examined....
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Liability of members of governing bodies of juristic persons
Novotná Krtoušová, Lucie ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee) ; Havel, Bohumil (referee)
Liability of members of governing bodies of juristic persons Mgr. Lucie Novotná Krtoušová Abstract The aim of the presented doctoral thesis entitled "Theoretical Concept of Liability of Members of the Governing Bodies of Juristic Persons" is to determine what requirements can be placed on natural persons who act as members of the governing bodies of juristic persons, and to specify the substance of due managerial care as a legal basis for potential liability. The Civil Code lays down the duty of a governing body member to act with due managerial care in the discharge of his/her office in its general part; the relevant provisions thus apply to members of the governing bodies of all juristic persons under both private and public law, provided that this is compatible with their legal nature. Compliance with the duty of due managerial care - in cases where the governing body members act as representatives of the juristic person - is the decisive criterion for determining whether or not they will be liable to the juristic person for any damage caused in the discharge of their office. However, it is questionable whether this is a case of fault-based liability for breach of a legal duty or strict liability for breach of a contractual obligation. The question of whether we will conceive liability of members of...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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New corporate law imperativeness and dispositivity
Szmuda, Jozef ; Černá, Stanislava (advisor) ; Beran, Karel (referee) ; Marek, Karel (referee)
Název, abstrakt a klíčová slova v anlickém jazyce New corporate law imperativeness and dispositivity Abstract This dissertation thesis focuses on the basic premise that the autonomy of the will, as a fundamental principle of private law, also applies to corporate law. When researching the imperative and dispositive norms of corporate law, one must examine how the autonomy of the will can be manifested and limited. All the limitations of the autonomy of the will to dispose of its private-law relations are realised through certain limits, which set boundaries that cannot be overstepped by the subjects of legal relations. Therefore, this paper contains the categorisation of the types of restrictions on the autonomy of the wills and the limits through which these types of restrictions on the autonomy of the will are realised. Exploring the limits of the autonomy of the will leads to a preliminary conclusion that all these categories follow a general requirement, that the legal actions should be in accordance with the meaning and purpose of law. The meaning and purpose of a legal norm can be considered as a basic criterion for defining the legal norm as imperative or dispositive. However, it must be emphasised that the limits on the autonomy of the will may be imposed not only by imperative norms, but also by...
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Theoretical Issues of the Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union
Ondřejová, Zuzana ; Beran, Karel (advisor) ; Hřebejk, Jiří (referee)
Theoretical Issues of Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union The reson why I chose this topic for my final thesis is fact, that I am still an active basketball player. During my studies at The Faculty of Law I have started to be more interested in problems of mutual relationship between sport and law. The main objektive of this thesis is in detail to describe and analyze whether, in conformity with valid legal rules, is a professional sportsman in the legal status of the sole trader, in the legal status of the person practising his profession on a free-lance basis or in the legal status of an employee. In the introduction chapter, an analysis of a concept "sport" is performed. Sport is therein defined, number of its characteristic features are described including the division into a recreational sport, achievment sport and professional sport. Another part of this charter is focused on the concept "sportsman" which brings the definition and differences among amateur, paraproffesional and professional sportsmen. Sport in contemporary conception, especially the professional one, undoubtedly has to be regulated by law. The last part of this chapter deals with the issue how law regulates sport and how the frontier between sporting rules and legal...
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