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Consumer protection and internet shopping
Blažková, Lenka ; Kotoučová, Jiřina (advisor) ; Žák, Květoslav (referee)
This bachelor thesis deals with consumer protection in internet shopping. The aim is to pick the particular legal regulations relating to internet shopping and identify seller duties and buyer rights in liability for defects. The part of the thesis deals also with consumer disputies, their solving and organizations helping with their solving. The last part is concerned about analysis of internet shopping including questionnaire survey and analysis of selected internet shops.
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The Solution of Insolvency in Legislation of Malaysia
Holubová, Tereza ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
This document characterizes the legislation of proceedings in insolvency law of Malaysia. Document begins with general introduction, which is centered on legal process and hierarchy of justice in Malaysia. The introduction is followed by the part where you can find information about laws which rule insolvency. The whole document deals with the comparison with Czech legislation. Reader can gain information about all proceedings in insolvency from the petition to order of discharge from debts. This document is divided into two big parts depending on the person of debtor. The document is focused on methods of resolution of insolvency.The document ends with practical part. The end deals with a project, which has helped to shorten the time of insolvency process in Malaysia. This part is completed with transparent schedules and graphs.
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Relations in commercial law of the Republic of Korea
Pappová, Martina ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The increasing volume of bilateral trade between the Czech Republic and the Republic of Korea is the statistical fact. Korean companies employ many Czech workers. Korean companies cooperate with many subcontractors, that come from different legal environment. Czech managers communicate with Korean investors. In these interactions there is not only a possibility of conflict of different cultural traditions, but also legal culture. I seemed it therefore appropriate to examine what legal environment the Korean investors and business partners came from, and what misunderstandings may possibly arise from the lack of information. Another area of practical application of my work can be a legal relationship with an international element. If the parties choose the law applicable to their contract, it is essential for the actors of the contract to be aware of differences in the jurisdictions considered. The Korean law was influenced by both continental legal system and Anglo-American legal system. Moreover, there are still noticeable the residues of traditional Chinese law, and he later developed traditional Korean law. Due to these different influences, the current Korean law is interesting from a theoretical point of view, too. The source for this work is the Korean commercial and civil act and the Czech Commercial and Civil Code. Whereas I have never learned Korean, I was studying Korean laws in their English translation. In my comments I would like to suggest basic differences between the Czech and Korean law. I hope that my work will provide enough information for the theoretical understanding of the differences and similarities of Korean and Czech legislation.
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Lease contract
Korecký, Ondřej ; Švarc, Zbyněk (advisor) ; Kotoučová, Jiřina (referee)
This thesis, "Lease contract", deals with the topic of leasing, especially with the legal aspects of lease transaction. In first part it describes the history of leasing, classification of lease operations according various criteria and advantages and disadvantages of leasing as a form of financing. Second part is focused on the description of Czech lease market, its development and the situation in year 2010. Third part is focused on the legal aspects of lease contract and lease transaction in Czech law and also in international law. Final part of thesis compares general terms and conditions of leasing of three selected companies on Czech market with general term which are recommended by Czech Leasing and Finance Association.
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Methods of obligations termination in business relationships
Redžič, Alen ; Kotoučová, Jiřina (advisor) ; Klimeš, František (referee)
The goal of the Thesis is to analyze the issue that is related to the extinction of the rights and obligations of business relations. Trading obligations are very specific group of legal relations. Without them it is imposible to imagine a faultless performance and successful business. The author in this thesis attempts to address all relevant aspects of the topic. To achieve the above objectives, the author intends to use a particular method of interpretation of legal norms. This method will be complemented by an authentic interpretation of legal norms, doctrinal interpretation, legal interpretation or the relevant case law. Analysis of these areas can conclude that there is a large area in terms of legislation and legal theory, systematic non-uniform. One of the main complexities of contract law, the author sees in the dualism legislation. From the available case law of the Supreme Court or Superior Courts may conclude that in most practical application of legal problems arose on the fulfillment of commitments and cancellation. These are the most frequent reasons for termination of the legal obligations. Another finding is the inconsistency of terminology and the Civil Commercial Code.
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Contracompetitive decisions of contracting entities
Vršecký, Radek ; Boháček, Martin (advisor) ; Kotoučová, Jiřina (referee) ; Marek, Karel (referee) ; Krč, Robert (referee)
The thesis deals with typical decisions made by contracting entities which restrict the competition among economic operators. The thesis analyses the typical mistakes which are made by the contract entities in awarding procedures. The causes of mistakes being made by contracting entities can be summarized into three groups. Into the first group belong conscious mistakes. For these mistakes shall be contracting entities` agents held responsible. Into the second group belong mistakes in planning. Mistakes from the third group are made as a consequence of lack of professional skills. None of these mistakes can be prevented just by an amendment to the Act on Public Contracts. Any proposal of an amendment solving the lack of professional skills shall consider also all connected negative effects; mainly additional time demands, financial costs and the risk of underfinanced praxis turning into formalism. Professionally skilled agents are usually more careful when they apply the Act on Public Contracts because they are aware of legal risks. Considering current limited budget resources it should be decided whether to put stress on cooperation with internal or external experts. The author recommends internal experts because external experts do not do their best if they are aware of the fact being not controlled effectively by internal experts. However the current Act on Public Contracts is not perfect, the duties laid by it are enforced successfully. Considering a new amendment also the legal theory shall be taken into account. The author presumes similarity of preventing of breaches against the Act on Public Contracts and of preventing of crimes. The most important factor preventing from criminality is to be aware that the punishment is inescapable, not its rates. The author points out also the opinion of the general theory of law according to which a new act is to be passed only if there is an objective necessary need. It should not to be passed by a fortuity or because of subjective views. There should be also a time space between the amendments. There was an amendment to Act on Public Contracts approved in 2010 and European Union currently prepares amending of awarding directives. The author therefore prefers improving the praxis of awarding in the Czech Republic by granting additional human resources to the Office for the Protection of Competition to passing of another amendment to the Act on Public Contracts. The scope of the Act on Public Contracts is also not convenient for amending a list of contract clauses which are not allowed to be concluded by contracting entities. There are two reasons. Contracting entities are constituted by various groups of subjects and contracts selling their property are outside the scope of the Act on Public Contracts. Contracting entities should use standard awarding procedure to promote competition among economic operators. They should concentrate on exactness of tender conditions. A good prevention to mistakes in awarding procedure is also good planning and skilled human recourses of contracting entities.
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Individual ways of dealing with bankruptcy in Insolvency proceeding
Sequensová, Kateřina ; Kotoučová, Jiřina (advisor) ; Kříž, Radim (referee)
The thesis describes a contemporary insolvency proceeding in the Czech Republic that complies with the Insolvency Act. It deals concretely with a situation when it was already decided by a court about an existence of a debtor's bankruptcy. It describes individual ways of dealing with bankruptcy. It concentrates on a process of insolvency proceeding in Austria and Germany and briefly also on an European insolvency law. The practical part analyses a process of reorganization granting on an example of the company SCHOELLER LITVÍNOV, k. s.
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