|
| |
|
|
Business contracts concluded with consumers
Polák, Jindřich ; Liška, Petr (advisor) ; Flídr, Jan (referee)
Business contracts concluded with consumers Abstract This diploma thesis focuses on the issue of unfair terms in consumer contracts. This topic presents a particular sector of the legal regulation of business contracts concluded with consumers. The Czech republic's regulation on unfair terms in consumer contracts derives from the law of European union. In particular it concerns the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The system of protection introduced by the Directive is based on the premise that the consumer is in a weak position in regards to both his bargaining power and his level of knowledge. This leads to the consumer agreeing to contract terms drawn up in advance by the trader without being able to influence their content. Therefore, the Directive forbids such term if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, detriment to the consumer. Initially the Czech legislator implemented said Directive in an inapt manner. These shortcomings are being repaired by the recently adopted amendment to the Civil Code and Act on Consumer Protection. This amendment also reflects the current development of the European union's consumer law. The core of this thesis is the...
|
|
|
SPAC - Special Purpose Acquisition Company
Rosenthaler, Jan ; Pelikán, Robert (advisor) ; Flídr, Jan (referee)
SPAC - Special Purpose Acquisition Company Abstract Special Purpose Acqusition Company (SPAC) is an alternative method of stock exchange entry which is used primarily in the USA but has also appeared in the Czech Republic. It is a company established for the sole purpose of listing on the stock exchange and then merging with a selected target company that wishes to go public in a way other than through an IPO. The merger will provide the target company with funds from investors in addition to the listing. They have already invested in the SPAC but can withdraw from the investment if they disagree with the selection of the target company. The thesis deals with basic introduction of the SPAC and determination of its specifics such as the position of the sponsors, who select the target company. Subsequently, the whole process of the SPAC existence is described. Emphasis is placed on its formation, listing on the stock exchange, raising funds from investors and selecting a target company. A special section is then devoted to the target companies' merger forms, of which there are several from a legal perspective. The most widespread is the reverse merger, which is not known in the Czech legal system, so it was necessary to pay special attention to it within the work. There are many reasons for using SPACs from...
|
|
|
Issues regarding selected conditions for participant exclusion in public procurement proceedings
Hourová, Aneta ; Horáček, Tomáš (advisor) ; Flídr, Jan (referee)
1 Abstract Issues regarding selected conditions for participant exclusion in public procurement proceedings This dissertation deals with issues surrounding specification of conditions for participant exclusion in public procurement proceedings with special focus on the condition contained in section 48(5)(d) of Act No. 134/2016 Coll., on public procurement procedure ("PPP"). The issue presented by the condition for exclusion in section 48(5)(d) PPP, which states that the contracting authority may exclude a participant from the procedure on grounds of unsuitability, relates to how this is achieved in practice according to the rules and principles of the PPP and the regulation of the quality of competition (unfair competition). This dissertation draws attention to the limitations of section 48(5)(d) PPP and its application, and critically analyses and evaluates its subject. According to the current jurisprudence of the Office, the exclusion of a participant can often be unsuccessful due to a confusing interpretation of the rules of its application. The Office for the protection of competition has stated that for a successful exclusion of a participant under section 48(5)(d) PPP, the contracting authority must satisfy an evidential burden and prove that a misconduct by a reliable supplier has occurred. This...
|
|
|
The notification of lack of conformity and consumer remedies in contracts for the sales of goods
Dvořáková, Anna-Marie ; Flídr, Jan (advisor) ; Čech, Petr (referee)
The notification of lack of conformity and consumer remedies in contracts for the sales of goods Abstract This thesis analyses the notification of lack of conformity and consumer remedies in contracts for the sales of goods. This thesis aims to analyse the provisions of Act. No. 89/2012 Coll., Civil Code, and Act. No. 634/1992 Coll., Consumer Protection Act, including recent amendments by Act. No. 374/2022 Coll., which entered into force on 6th January 2023, and reacted to some problematic practical issues. These provisions will be compared to corresponding provisions of Directive (EU) 2019/771. The first chapter of this thesis focuses on provisions of Civil Code regarding consumer remedies for the lack of conformity. Individual sections of this chapter describe requirements for conformity, exceptions from lack of conformity, the remedies which a consumer is entitled to, and the hierarchy of these remedies. Furthermore, the notification of lack of conformity is described according to sections 1922 and 2165 of Civil Code. The recent amendments regarding the liability of the seller for any lack of conformity existing at the time of delivery are also described. Furthermore, the thesis deals with the obligation to notify, according to which the consumer has to inform the seller of a lack of conformity within a...
|
|
|
Role of notary and notarial record in company law
Machurka, Radek ; Flídr, Jan (advisor) ; Josková, Lucie (referee)
Role of notary and notarial record in company law This thesis deals with the Czech legal regulation of notarial deeds, the position and activities of a notary public in the field of company law, especially with regard to a limited liability company. The main goal of the thesis is to provide a comprehensive analysis of the role of a notary public in the preparation of the underlying notarial deeds, emphasizing all their partial requirements, including the supervisory and review activities of a notary public, and frequent interpretative problems concerning (not only) a company name, registered capital and the subject of business and the activities of the companies being established in the context of new digitization processes faced by the notary public during the performance of their activities, confronted with the conclusions contained in the case law of the supreme courts and the current changes in the business law. For the purpose of fulfilling this objective, annexes containing notarial deeds and other documents represent an integral part of the thesis, the partial aspects of which are subject to a more detailed interpretation. In the first part, the thesis briefly deals with the view of the function of a notary public, their remuneration and anchoring in the Czech legislation, pointing out the...
|
|
|
Indemnity of a commercial agent and determination of its amount
Prusáková, Viktorie ; Flídr, Jan (advisor) ; Patěk, Daniel (referee)
Indemnity of a commercial agent and determination of its amount Abstract Agents play a crucial role for companies by facilitating business activities and building customer relationships. Commercial agency introduces several legal and economic questions, in particular remuneration of agents, both during the course of the agency and after its termination. Following the termination of a commercial agency agreement, the question often arises as to how to fairly determine the amount of indemnity to be paid to agents for their past work. The aim of this thesis is to provide a detailed description and explanation of the calculation method for the agent's indemnity and to translate theoretical knowledge gathered from legal theory and case law into practice. The thesis seeks to propose a calculation procedure for the agent's indemnity that is simple, efficient, and allows the parties involved in the agency agreement to avoid the common occurrence of legal disputes in this area. The first part of the thesis focuses on defining basic concepts associated with commercial agency and legal framework governing it. The second part follows, dedicated to the remuneration of the commercial agent. The third chapter then delves into special indemnity for an agent, including its definition, challenges, and legal regulations. The...
|
|
|
Consumer creditworthiness assessment
Kopecký, Tomáš ; Flídr, Jan (advisor) ; Liška, Petr (referee)
85 Consumer creditworthiness assessment Abstract This thesis deals with the pre-contractual obligation of consumer credit providers to assess the consumer's creditworthiness. The concept of creditworthiness is thoroughly and critically analyzed in four chapters focusing on assessing creditworthiness for consumer credit other than for housing purposes. The main objective of the thesis is supplemented by sub- questions set out in the introduction. These sub-questions reflect contentious issues arising from the case law of the ordinary courts, the European Court of Justice, and the Financial Arbitrator. An essential part of the thesis is therefore an extensive case law analysis, which helps to interpret many vague legal terms in national and European legislation. The thesis seeks to find solutions to interpretative ambiguities related to the topic. The opening chapter defines the concept and main purpose of implementing a creditworthiness institution. It also outlines the limits of the temporary restriction on the consumer's life (social conditions) when concluding a credit agreement. The end of the chapter concerns the requirement of due professional care and how to ensure its compliance by providers. The second chapter focuses on income, expenditure and means of meeting any existing debts - the criteria for...
|
|
|
The rights of a limited liability company member to information on the company and to inspect the company documents
Gloserová, Anna ; Flídr, Jan (advisor) ; Patěk, Daniel (referee)
1 Název diplomové práce v anglickém jazyce: The rights of a limited liability company member to information on the company and to inspect the company documents Abstrakt v anglickém jazyce The aim of this thesis is to analyse the legal regulation of the right of a shareholder of a limited liability company to information about the company and to inspect the company's documents. The thesis is divided into an introduction, five parts defining the nature of a limited liability company and membership in it and analysing the right to information largo sensu in a limited liability company and a conclusion. In the first part, the author of the thesis focuses on placing the subject matter in the context of limited liability company law, so that the nature of membership in a limited liability company, as well as the nature of this form of commercial corporation as such, becomes clear for the purposes of the following sections. The second part deals with the genesis of the legal regulation of information law in the limited liability company in our territory. Furthermore, in this part of the thesis, the author's aim is to characterize the shareholder's right to information and to inspect the company's documents, mainly with the support of jurisprudential definitions. The third part focuses on the exercise of the right...
|
|
|
General meeting of limited liability company
Prokop, Lukáš ; Hurychová, Klára (advisor) ; Flídr, Jan (referee)
General meeting of limited liability company Abstract The thesis deals with the general meeting in a limited liability company. The aim of the thesis is first to analyse the nature of the general meeting as a body of a limited liability company and then to analyse the legal regulation concerning the scope, convening, conduct, decision-making and invalidity of resolutions of the general meeting. The thesis also contains several de lege ferenda considerations. The first part of the thesis focuses on the nature of the general meeting. The general meeting is classified among other bodies of the company, it is discussed what kind of body it is, who it consists of, etc. An analysis and comparison of the literature is made. Furthermore, the thesis deals with the situation when the company has a sole shareholder. The second part of the thesis is devoted to the competence of the general meeting. The competence is divided into individual components. Furthermore, selected areas of the competence of the general meeting are presented and analysed, with an emphasis on the amendment to the Companies Act of 2020. The author compares the opinions of various experts and takes his own views on the issue. Case law conclusions are also presented. The third part deals with the convening of the general meeting. It discusses the...
|
guest ::
RSS feed.