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Set off in commercial obligation relationships
Jäger, Marek ; Plíva, Stanislav (advisor) ; Marek, Karel (referee) ; Zahradníčková, Marie (referee)
1 Abstract Although set-off represents one of the most frequent processes of the discharge of obligations unlike performance, the contemporary specialized literature deals with it only in its fragmentary exposures. However, there is no systematic elaboration of this process of the discharge of obligations. The regress of the attention paid to the discharge of obligations by set-off apparently persists from the time, when set-off as a process of the discharge of obligations, which was unfamiliar with the central directed political economy, receded into the background. Therefore the exordium deals with the essence of set-off first of all, further with its relationship to the discharge of obligations by performance as well as with the position of set- off in public law. The chapter treating of the essence of set-off aims to void of its understanding by the economic connotation of this process of the discharge of obligations and to get near to its law essence. It is possible to think of this essence both from the viewpoint of the debtor who waives an obligation and from the viewpoint of the creditor who gains a substitutionary satisfaction of his receivable without an acceptance of the other party of an obligation relationship and without the necessity to enforce this receivable by a court or other authority....
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A contract to lease an enterprise
Kališ, Petr ; Plíva, Stanislav (advisor) ; Zahradníčková, Marie (referee) ; Marek, Karel (referee)
OF A DISSERTATION THESIS The objective of this dissertation thesis is to define the current state of the legislation regulating the contract on lease of the enterprise, its risks and imperfections and to suggest, de lege ferenda, a possible method of their solution from the legislatory, jurisprudential and practical perspective. To fulfil such objectives, I have applied the methods of analysis and interpretation of the existing legislation, a comparison with historical legislation and with international law, and have assessed the relevant jurisprudential arguments. The structure of this dissertation thesis is divided into the following areas: definition of the enterprise, legal provisions relating to the conclusion, modification and termination of the contract on lease of the enterprise and, finally, special cases of application of the contract on lease of the enterprise, e.g. in connection with insolvency, execution or public contracts etc. I consider the following legal conclusions as basic findings and results of this thesis: The enterprise 1. The definition of the enterprise as a collective thing is not perfected in Czech law, because the absence of the legal regime of a collective thing causes interpretation problems in assessing whether the rights and legal relations relating to a collective...
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Social responsible public procurement
Froulová, Dominika ; Horáček, Tomáš (advisor) ; Marek, Karel (referee)
The aim of this rigorous thesis is to present in more detail the ever-evolving form of public procurement, thus responsible public procurement with an emphasis and closer focus on the social aspects of such a process. Information and materials for the content of this rigorous thesis were drawn from previous publications published in the Czech Republic. Furthermore, from legal regulations, expert comments, Czech and foreign articles, as well as from the decision-making practice of the Court of Justice of the European Union, the Office for the Protection of Competition and the courts of the Member States of the European Union. The rigorous thesis is divided into five main chapters. The first chapter is mainly devoted to the definition of the main terms, which are, according to the author of the work, fundamental and in many cases worthy of discussion. The social value is considered to be the crucial aspect for the socially responsible public procurement, which, together with the methods of measuring it, is also the content of the first chapter of this rigorous thesis. The first chapter also further describes a brief cross-section of the history of responsible public procurement. From the second chapter, the thesis is based on the legislation and options that contracting authorities are legally...
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The liability of the carrier in road carriage of goods
Glazunov, Pavel ; Černá, Stanislava (advisor) ; Marek, Karel (referee) ; Patěk, Daniel (referee)
The liability of the carrier in road carriage of goods Abstract This dissertation deals with contractual relations and liabilities between parties of carriage and freight forwarding contracts in domestic and international road carriage of goods.The work offers detailed analysis of current legislation (up to 31. 12. 2018) and examines judicial and doctrinal outcomes in national and international - namely German, Austrian and Slovakian - context. The first part answers selected questions of freight forwarding contracts as set forth in the civil code. A special focus is given to freight forwarder's liability for loss and damage of forwarded goods, and other damages caused by a breach of contract. The work also looks at the change of legal and liability status of the freight forwarder enabled by their right to act as a carrier or failing to meet their obligations toward the principal. In offering a comparison between freight forwarding and carriage contracts, this work stresses the common practice of mixing up their obligations, answering questions of legal interpretation and offering a framework for practical application of the contracts. The work further offers a thorough analysis of transport regulation as set forth in the civil code as well as the CMR Convention. It focuses specifically on receiving and...
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Legal regulation of collective investment with focus on investment companies act
Kučera, Petr ; Marek, Karel (referee)
Legal regulation of collective investment with focus on Investment Companies Act No. 240/2013 Sb. Abstract This thesis is divided into five consecutive parts. The first part is devoted to the introduction to the issue of collective investment, including the typology of funds, basic concepts related to this issue and also describes it's importance, basic principles and also explains the essence of collective investment. The second part briefly summarizes the development of Czech legislation in this area, from the velvet revolution to the present state. This section also includes the historical context and the way it influenced the legislation of that time. The third part is the largest and most comprehensive, and it is focused on the current legislation, which is represented mainly by the Act on Investment Companies and Investment Funds. At the beginning of the chapter there are basic legal regulations, and in the following subchapters the individual parts of this Act are very detailed. In the next part, the foreign legal regulations are illustrated on the example of Austria and the United States of America, and some of their elements are then used in the part of the work devoted to the amendments to the law. For each of these countries is first described the historical development of collective investment,...
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Legal aspects of state property management
Štancl, Michal ; Liška, Petr (advisor) ; Dvořák, Tomáš (referee) ; Marek, Karel (referee)
Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a tři klíčová slova v anglickém jazyce Title: Legal aspects of state property management Abstract: When acting in the field of private law, State has the quality of a legal entity. However, State is a legal entity of its own kind. It has an immanent double nature and consequently it doesn't cease to stand on the border of private and public law. The principle of legality doesn't apply to State as a private law actor, which means that it can do even what is not explicitly permitted by the law. On the other hand, State cannot fully exploit autonomy of its will because its legal actions are rigorously predestined by the rules setting clear limits to it. Those limits in form of restrictive dispositions are addressed directly to organizational units of the state and state organizations and their purpose is to ensure efficient and economical management of state property as it is in the public interest. This dissertation aims to analyse the individual elements of property relations of the State. The most important subject in those relations is State itself. Nevertheless State cannot be regarded as one compact and confluent unity. On the contrary, its internal structure is crucial. The effects of internal structure of the State on the property...
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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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Freedom of contract and its limitation in the business relationships
Majchrák, Michal ; Pelikánová, Irena (advisor) ; Marek, Karel (referee) ; Horáček, Vít (referee)
Freedom of contract is one of the fundamental principles of private law. Most pronounced is the principle of contractual freedom in business contractual relationships, in which is admitted the highest degree of contractual freedom. Contractual freedom is often generally associated with the rule that what is not forbidden is allowed, ie. if the legal regulation does not prohibit any contractual arrangement, is such an arrangement allowed. This understanding of freedom of contract is very simplistic and misleading and thus in many cases incorrect. Given that freedom of contract is seen as a rule or principle, approach to it is fairly spontaneously and in search of answers to the question of legality or illegality of certain contractual arrangements, the progress is often intuitively and based on ad hoc reasoning the contractual freedom is in individual cases either accepted or rejected. One reason for this approach is the fact that there have been no more precise rules for a differentiation of non- mandatory and mandatory legal rules. Their differentiation is for the recipients of legal rules crucial because it gives an answer to the question, how far reaches their liberal sphere, in particular, if the contractual freedom is in the particular legal issue enabled or not. A lack of structure and...
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Principle of good faith and of good faith and fair dealing in commercial relations
Kvačková, Riana ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Marek, Karel (referee)
This dissertation focuses on the principle of good faith and on the principle of good faith and fair dealing. The differences between the two mentioned principles and the problems with terminology are covered. The author suggests and reasons for her own terminological solution. Furthermore, the dissertation discusses on the general delimitation of the two principles, their content and relation to other related principles. Moreover, it focuses on the legal frame of good faith and good faith and fair dealing principles including historical and comparative aspects of the issue. The author of the dissertation describes the practical impact of the two principles in question and compares the recent and current legal regulation. She analyses the practical impact of the principles of good faith and good faith and fair dealing in commercial relations: not only in the business contractual law but also in the life of a business corporation. Furthermore, the relevant judicature is covered including the delimitation of its possible applicability on the current legal regulation.
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Contract of sale under business law
Švábová, Jana ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Marek, Karel (referee)
The purpose of the thesis "Contract of sale under business law" is to compare changes of the contract of sale, which occurred as a result of the newly adopted Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to simultaneously take into account the proposal for a European Parliament and Council Regulation on a Common European Sales Law (Common European Sales Law, CESL). The thesis also focuses on selected provisions of the purchase - especially rules governing the acquisition of ownership from unauthorized (and the related principle of good faith) under the new Civil Code. Rules governing the acquisition of ownership were significantly changed. Thesis attepmts to specify rules which are applied in the case one of the contracting parties is in the possition of a consumer. Specific features of contracting process must be taken in consideration due to the protection of consumers and or small and medium- sized enterprises. The thesis is focused on selected aspects of the contract of sale, thus the purchase of property, asset deal or liability for defects are mentioned only in passing.
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