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Development of the legal regulation of unfair competition in the Czech Republic
Szostok, David ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
- Development of the legal regulation of unfair competition in Czech Republic This thesis concerns the development of the legal regulation of unfair competition in the environment and territory of Czech Republic. Thesis at the beginning introduces with origin attempts of unfair competition at the Austria-Hungary monarchies times and historical formation at the European frame. Continue by formation of Czechoslovakia and description of the first complex legal ordinance focused on this part of law on our territory. At the next stages is described decline of unfair competition in times of central planned economy raised by communist party in 1948 and subsequent factual absent of unfair competition in our legal system. And finally arise and development of unfair competition after the velvet revolution which is the main topic of this work. The thesis is also focused on the general aspect of unfair competition as the law section with term and attribute which is often hard to define or describe and as a legal area in which more often play the biggest role kind of legal sense and specific circumstances then strictly defined rules. Thesis highlights the importance of general clause, in some part compare our legal development to German and other legal legislation way of other countries and their conceptual...
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Abnormally low tender price with regard to the case law of administrative courts and the Office for the Protection of Competition
Šulcová, Dagmar ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Abnormally low tender price with regard to the case law of administrative courts and the Office for the Protection of Competition Abnormally low tender price is one of the most problematic issues in public procurement law. The aim of this thesis is a detailed analysis of the concept of abnormally low tender price with regard to the case law of administrative courts and the Office for the Protection of Competition. The analysis is made both in relation to the Public Procurement act and the EU Directive on public procurement. After an introductory part the thesis is divided into seven main chapters. The first chapter outlines basic terms necessary for comprehensive analysis of further discussed issues. Chapter two deals with the concept of abnormally low tender price including its evolution in the former public procurement law. The third chapter focuses on the process of assessment of the tenders concerning the abnormally low tender price. This chapter deals with the request for explanation of the tenderer's tender price, with requirements of this explanation and with assessment of this explanation made by evaluation committee. Chapter four examines the zero tender price and the case law of administrative courts regarding the correct procedure in case of occurrence of this price. This chapter takes...
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Legal regulation of the Commercial Register
Janáč, Jiří ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
Legal regulation of the Commercial Register The purpose of my master's thesis is to describe the Commercial Register legislation in the Czech Republic, including both a development of the Commercial Register and its current legal framework, with regard to a recent recodification of private law which came into effect on January 1, 2014. The thesis is composed of 8 chapters. Chapter One summarizes a legislation development of the Commercial Register in Czech countries since the Austria-Hungary period through the changes of a legal system after 1989 to a current legislation after recodification. Chapter Two deals with a term and a nature of the Public Registers of Legal Entities and Natural Persons, on which all of the elemental principles of the Commercial Register are explained, when the Commercial Register had become one of the types of public registers. Subchapter about courts maintaining the Commercial Register contains an analysis of their operations. Subchapter about persons and entries that can be entered into public registers defines essential facts, which shall be entered into the register. Chapter Three explores the Commercial Register, its individual units and facts which can enter those units. It is necessary to keep the legislation generality of public registers in mind, to which a...
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Contract on a future contract in commercial relations under the laws of the Czech Republic and of England and Wales
Korman, Pavel ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
CONTRACT ON A FUTURE CONTRACT IN COMMERCIAL RELATIONS UDNER THE LAWS OF THE CZECH REPUBLIC AND OF ENGLAND AND WALES The aim of this rigorosum thesis was to describe the current statutory provisions relating to an agreement on future agreement according to the Act. No. 513/1991 Coll., the Commercial Code of the Czech Republic, as amended, to distinguish its provisions in comparison with the provisions on agreement on future agreement according to Act no. 40/1964 Coll., the Civil Code, as amended, and from the act no. 89/2012 Coll. the proposed new comprehensive Civil Code, as amended to point to certain areas of legislation which are not sufficiently clear, to provide suggestions for dealing with them, and to compare them to the current law in England and Wales regulating similar institutes under the Common law, such as for example an option, or a forward agreement. The method used was description with the use of available specialist literature and case law (bearing in mind case law is not a source of law in the Czech Republic per se, and form only a supportive role, while in England, case law is one of the sources of law viewed from normative approach), and in cases where legislation and case law could not provide a sufficient answer, author gave his own opinion on the given matter with his reasoning for...
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The course of the general meeting of a joint-stock company
Novotný, Radek ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
The course of the general meeting of a joint-stock company The aim of this thesis is to describe the procedure of the convening and the course of the general meeting of a joint-stock company according to the new Law No. 90/2012 Coll., on commercial companies and cooperatives. The regulation of the convening and the course of the general meeting is highly important, because the general meeting is the supreme body of joint stock company, which is exclusively authorized to decide on the fundamental corporate issues. Structure of this thesis is divided into 5 chapters. The first chapter is general, introductory and it describes the definition, the regulation and the organization of the joint stock company. The second chapter is devoted to the question of the proper convention of the general meeting, which is the basic assumption to the valid course of the general meeting. In the first part of this chapter are defined reasons for convention of the general meeting and bodies of the company entitled to this step. The second part of this chapter is devoted to the methods of publication and the content of the invitation to the general meeting. The third chapter identifies issues related to participation in the general meeting. It describes forms of the participation in the general meeting and related issues, the...
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Shares as Securities
Meričko, Milan ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
Shares as Securities The purpose of this Master's degree thesis is to analyse the general characteristics of shares as securities with regard to amendments contained in the Act No. 90/2012 Coll., on Companies and Cooperative associations (hereinafter the "Act on Companies") and the Act No. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code"). This thesis is composed of eight chapters, each of them dealing with different aspects of the aforementioned topic. Chapter One introduces the term "share" from the general point of view. Furthermore, this chapter contains a brief introduction into legal history of statutes, which were governing shares. Chapter Two explains the characteristics of shares as securities. The opening part of this chapter also focuses on the legal definition of security. Subsequently, this chapter deals with the provisions of the Act on Companies concerning the definition of share and the rest of this chapter examines various attributes of share with respect to the classification of securities. Chapter Three describes an issuance of share. This chapter is concerned with the legal regulation of issuance of securities and the process of issuance of shares governed by the Act on Companies. The last part of this chapter is focused on fractional value shares, which are referred...
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The Trade Secret and its Protection under Private Law
Kelman, Jan ; Patěk, Daniel (advisor) ; Štenglová, Ivanka (referee)
The Trade Secret and its Protection under Private Law The theme (topic) of this thesis is The Trade Secret and its Protection under private law. Concretely it examines the trade secret's legal regulation in commercial and civil law. The aim of this thesis is not only to summarize and generalize the existing piece of knowledge relating to the conception of trade secret in the Czech Republic and to compare some of its aspects with corresponding legal regulation in the Federal Republic of Germany but also to provide a complex view of this institute, to capture the essence of some problems and to attempt to suggest some solutions. To achieve this goal both a descriptive and a comparative method were chosen. While elaborating this thesis, not only Czech and German professional literature but also some judicature's samples of both states were drawn. Because of the fact that Czech civil law is going to be recodified in 2014, the work also mentions the future legal regulation. This thesis is systematically divided into two main parts and farther deals with the particular chapters and subchapters Part One divided into 13 chapters deals with legal regulation of trade Secret in the Czech Republic. Chapter One describes the history of the trade secret institute and focuses mainly on the period when the trade...
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Aval regarding the bill of exchange
Tetour, Zbyněk ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Aval regarding the bill of exchange In the first chapter, I focused on the genesis of aval in the context of the international law of exchange adjustments and I tried to describe in detail the efforts of its unification to the present. Next I made an excursion into Anglo-American law, I pointed out the uniqueness in the genevian legal system. This chapter then closes with a brief description of the development regulation of aval in our country, from the first references to the present. The following chapter is devoted to the general characteristics of aval, then performed a brief description of the nature of the commitments and I focused on the eligibility of persons who have obligations to take the aval. Finally, I tried to capture the specific hedging nature of the aval compared with the general hedging instruments, which manifests itself in matters of akcesority and subsidiarity. In the next section, I tried to capture the problems of individual requirements of aval statement in terms of location, formal requirements and the terms of content. Because of controversial situations stemming from the location of aval on blank promissory note, I did not even omit temporal aspect. The last chapter, I decided to give a close look at the possibility of the Opposition defense against claims of creditors, with...
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Legal penalties for unfair competition
Novotná, Tereza ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Legal penalties for unfair competition This diploma thesis analyzes private law penalties for unfair competition, focusing on the means of protection provided by private law statutes. This thesis also deals with the questions of active and passive legitimacy in lawsuits concerning unfair competition and procedural specifics of these lawsuits. The thesis is divided into six chapters. The first charter offers an introduction to unfair competition law by presenting its substantive law provisions: the general clause and the special case clauses. The aim of this chapter is to outline the issue of unfair competition and define actions against which it is possible to use means of protection described in the following chapters. The second chapter focuses on subjects of unfair competition disputes: subjects actively legitimated but also subjects passively legitimated. This chapter also aims to define each of these individual subjects, such as competitors and consumers. The third chapter presents the essential means of protection against unfair competition provided by the Commercial Code. These are namely the claim to refrain from unfair competition practices, the claim to remove unfair competition situation, also the claim to provide damages for material losses, the claim to hand over unjustified enrichment...
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