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The Law of Comparative Advertising in the Czech Republic and the Federal Republic of Germany
Vítková, Klára ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
This thesis deals with the legal regulation of comparative advertising in the Czech Republic and the Federal Republic of Germany. The aim of this thesis is to explain the correspondences and differences between the legal regulation of comparative advertising in the Czech Republic and Germany using analysis and comparison with particular focus on the European regulation of this institute. The first chapter presents the underlying theoretical system and sets the examined institute into the general framework of legal order. It defines the terms advertising and comparative advertising. Emphasis is put on explaining different approaches of legal orders to comparative advertising as a foundation for an analysis in subsequent parts of this thesis. The first chapter also introduces types of comparative advertising distinguished by doctrine. The second chapter is, due to the irreplaceable position of European legal regulation, dedicated to the genesis of legal regulation of comparative advertising in the European law. This section contains an analysis of single directives and their effects in chronological order. The third chapter uses the knowledge of European law to analyse the evolution of legal regulation of comparative advertising in national legal orders of the Czech Republic and Germany. Historical...
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Duties of members of a limited liability company
Coufalová, Michaela ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
The theme of this thesis is the duties of members of a Limited Liability Company. Recently experienced legislation about legal relationships of a Limited Liability Company many changes related to the new recodification of private law, made by the Act no. 89/2012 Coll, Civil Code, and by the Act no. 90/2012 Coll., Business Corporations Act. Recodification had very significant impact on some areas of a Limited Liability Companies and duties of theirs members. From this perspective it is a very current theme. The thesis is divided into five chapters. For thesis were used as primary sources laws of the Czech Republic, from secondary sources case law and numerous monographs, articles and commentaries to relevant laws. The most significant changes that directly affected the duties of members of a Limited Liability Company, are minimization of the amount of capital, pushing deposit and liability duties in the background, incorporation of the loyalty to the law, the possibility of acquisition of shares by the company, the possibility of creating more types of shares, the possibility of acquiring a stake in the company from non-owner and many others. The basis of the whole recodification is largely dispositive legislation that puts greater responsibility and prudence on members but creditors as well. The key...
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Payment and security function of bills of exchange and cheques
Rác, David ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
A bill of Exchange was originally used as payment instrument. Recently, it is mostly used as securing instrument. This purpose was mainly evolved by legal practice and its legislation could be problematic and unclear for laymen. The main aim of this thesis is to analyze a bill of exchange as a securing instrument. Further attention is paid to the function of payment. However, the bill of exchange and check are both regulated in identical law, so to some of its institutes I also describe a checks. The main attention of my thesis is devoted to the securing purpose of the bill of exchange. There I describe the specifics of this instrument in the comparison of other civil securing instruments. Due to this contrast, it can be said, that the bill of exchange gives the creditor some significant advantage on one hand, but finds some insuperable limits on the other hand. My thesis is divided into five chapters. The first chapter describes the historical development of bills of exchange and check, and the circumstances under which these institutions were created. The second chapter deals with the exchange and check law, their rules, the systematic inclusion of this branch of law and the basic peculiarities are defined. The third chapter is devoted to a general definition of the bill of exchange, describes...
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Regulation of advertisements for medical products for human use focused on professionals
Laštůvková, Vlaďka ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
This thesis deals with the regulation of advertising of medicinal products aimed at healthcare professionals. The thesis is focused on a deeper analysis of selected provisions, their critical assessment in light of courts' as well as the State Institute for Drug Control's decisions and proposals of possible improvements of the current status. The aim of this thesis is to explore the scope of the current legislation and to evaluate the regulation of the advertising of medicinal products aimed at healthcare professionals from its sufficiency and appropriateness point of view. The aim is also to suggest possible solutions for improving problematic parts. The introduction briefly describes the two fundamental terms, human medicinal products and advertising, along with basic introduction of the price and reimbursement of medicinal products. The introductory section also identifies reasons for the exclusive regulation of this type of advertising. Basic aspects of the regulation are introduces as well. The following section critically evaluates the term healthcare professional in relation to the status of nurses and patients. This is followed by a summary of the basic European Union's regulation that is reflected by those Czech laws regulating advertising of medicinal products aimed at healthcare...
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Public regulation of business practices
Ptáčková, Marta ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
The aim of this thesis is to examine the highly topical subject of regulation surrounding commercial practices. This examination is divided into four chapters. The first chapter looks at the notion of commercial practices by considering both the linguistic and legal definition of the term, and the importance of the regulation is proved. The second chapter deals with the question of division of law into its public and private counterparts. The discussion of the consequences of this division are crucial for a better analysis of the actual implementation of the EU Directive 2005/29/CE on unfair commercial practices. In the third chapter, the scope of application of this Directive is analysed and the main principles of regulation are described. The final section focuses on the Czech law on unfair commercial practices. In this segment, the text of the provisions of the Czech Code of Consumer Protection is compared to the Directive, and the system of legal redress and sanctions in the Code of Consumer Protection is critically analysed. The legal regulation of "promotional events", during which the ban of unfair commercial practices is often breached, is placed under scrutiny. The Directive was also implemented into the Code of Regulation of Advertisement. One subchapter of the fourth chapter is therefore...
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The concept and content of due managerial care
Král, Richard ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
The subject matter of this Master's thesis is to describe and to analyze the legislation of the fiduciary duties as well as the related questions such as the business judgment rule and the request on the management decisions. The fiduciary duties represent the standard of acting which must be respected by the member of the elected body during the exercise of the managerial power. The business judgment rule, however, protects the members of the elected bodies from unjustified accusations of the violation of the standard of the acting while in the final consequence represents the protection of the authority to undertake the decisions. The request on the management decision represents an exception from the common rule, solely entrusting the management of the business into the hands of the statutory body. The main aim of this thesis is to describe and to analyze the listed legislations including the crucial questions arising from these issues together with the suggestion of the solutions. The diploma thesis consists of four chapters. First chapter presents the introductory treatise on the implementation of the legal establishment of the corporate governance together with the emphasis on the economical output. The second chapter is dedicated to the very merit. The legislation of the fiduciary duties,...
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Compensation for damage caused by breach of competition rules
Holásek, Martin ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
66 Compensation for damage caused by breach of competition rules Abstract This thesis analyses actions for damages for infringements of the competition law, an area newly regulated by Directive 2014/104/EU of the European Parliament and of the council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. A main purpose of this thesis is to describe specific aspects of actions for damages for infringements of the competition law, introduce alternatives to provisions of the Directive, identify the impact of the Directive on successful private enforcement of damages and evaluate a new proposal for a statute transposing the Directive into Czech law. The thesis is divided into eight chapters. Chapter One contains a brief introduction which is followed in Chapter Two by an evaluation of the necessity of this Directive and of its scope. Chapter Three deals with indirect purchaser's standing and passing-on defense, where it is noted that this change brings more complexity into the proceedings and the lack of indirect purchasers' motivation to sue is still persistent. Chapter Four describes certain possibilities of collective redress. Chapter Five is the main chapter of this thesis and...
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European law against unfair competition
Neuvirtová, Lucie ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Resumé European Law against Unfair Competition This thesis focuses on the regulation of law against unfair competition adopted on the European Union level. The thesis is composed of two parts - the first one introduces legislative regulation of law against unfair competition, the second part analyses legal regulation of misleading and comparative advertisement as the examples of merits of unfair competition. The first part of the thesis firstly overviews the law against unfair competition on the international level; the core of the thesis, however, lies in the overview of legislation adopted by the European Union. Within the summary of the European legislation it firstly introduces the background for the legislative activity of the European Union in the field of unfair competition. Subsequently, it is followed up by the overview of directives with the primary aim to protect European businesses and consumers against unfair competition. When introducing the directives it emphasises mainly the findings whether it was adopted under minimum or maximum harmonisation, therefore to which extend the member state legislators are free to diverge from the regulation adopted by the European Union. The aim of the forth chapter is to look at the law against unfair competition as a part of private law. The second part of...
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Remuneration of executive bodies' members in joint stock companies
Hurychová, Klára ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee) ; Dědič, Jan (referee)
The PhD thesis deals with the issue of remuneration of executive bodies' members and other executives of joint stock companies in the Czech Republic and on the international level. This issue is a key area of corporate governance and constitutes an ever current and debated topic. The main research intent of this thesis is an analysis of the development and current shape of regulation in the area of executive remuneration and a related assessment of the regulation` influence on the practice in this area in joint stock companies in the Czech Republic and internationally. Attention is focused on both private and public (listed) companies. The thesis presents the results of the doctrinal and normative research led within the framework of the specific research questions set by the author within the defined research intent. The thesis focuses in detail especially on the question of effectiveness of the post-crisis regulation of remuneration on the global scale, on the interpretation of the regulation of remuneration of executive bodies' members in joint stock companies in the Czech Business Corporations Act and on the proper future shape of Czech rules of corporate governance for listed joint stock companies.
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Commercial Agency Contract
Macnarová, Stanislava ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
Commercial Agency Contract The subject of this thesis is the commercial agency contract, as regulated by Sections 2483 to 2520 of Act No 89/2012, the Civil Code, as amended, giving businesses the opportunity not only to net new customers, but also to raise general awareness of their merchandise or services. Under a commercial agency contract, a commercial agent - as an independent business entity - undertakes to engage long term in activities for the other party (the principal) aimed at the sealing of a certain type of deal by the principal or at negotiating deals in the name and on behalf of the principal. Under a commercial agency contract, the principal, for its part, agrees to pay the commercial agent commission for the activities carried out. Against this background, a commercial agency contract gives a business the opportunity to make use of a third party who, unlike an employee, is autonomous yet works with the business and acts in its interests. This thesis intends to deliver a lucid analysis and description of a commercial agency contract from the perspective of current legislation set out in the Civil Code, the enactment of which endowed the concept of commercial agency (compared to the previous provisions on commercial agency set out in Sections 652 to 672a of Act No 513/1991, the...
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