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Penalty clause and late payment interest as the assurance instruments
Nováková, Tereza ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The aim of this thesis is to provide comprehensive information about penalty clause as the assurance instrument which is used in obligations very often. Attention is paid to the comparison of penalty clause in civil and commercial code and new regulation is outlined. Explicated in the light of the decisions rendered by the Supreme Court of the Czech Republic and laws there are given information how to negotiate the penalty clause which would meet all the requirements. The second part of the paper deals with late payment interest, especially in terms of its comparison with the penalty clause. The objective of this comparison is for the private person or legal entity, who aims to enter into the contract, to be aware of the benefits of one instute to another and in the same time to be aware of difficulties which are with both institutes associated.
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The Legal Protection of Consumer with a Focus on Unfair Commercial Practices
Rysová, Markéta ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Consumer protection is starting to be more and more important today because ordinary customer has to deal with lot of different kinds of illegal commercial activities. The goal of this bachelor thesis has been to describe common illegal commercial practices and the way how can consumer protect himself from them. Author's effort was to contribute to the awareness of consumers and therefore to improve their protection. Thesis introduced in detail the issue of consumer protection, statutes of the Czech Republic and directives of the European Union connected to this topic and also concrete cases of unfair commercial practices and particular legal cases. The surmise of this bachelor thesis has been that the statutes of the Czech Republic and norms of the European Union protect consumers adequately, but that consumer himself is not sufficiently informed. This surmise has been proved by an analysis of current Czech and EU measures. Conclusion of this bachelor thesis therefore is, that responsible Czech and EU authorities should focus more on the education of consumers, because their awareness is the key part of the consumer protection against unfair commercial practices.
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The process of Liquidation and the Position of a Liquidator
Turčinová, Miroslava ; Kříž, Radim (advisor) ; Hásová, Jiřina (referee)
The purpose of my bachelor thesis is to introduce the legislation of the dissolution of the company and the following liquidation. In the thesis I also mention the dissolution of the company without liquidation but on the basis of the planned work content I focus on the dissolving of a company with a voluntary and involuntary liquidation. In the first section of the thesis I name and define the important terms for better understanding of the topic following with the explanation of the whole process of the liquidation "from A to Z". In the last chapter I focus on the "main character" of the whole process of the liquidation, the liquidator. The thesis is formed to organize the liquidation in each stage of its process and to conveniently explain the process of liquidation step by step and allow access to the common public or to the individuals without a legal background.
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Comparison of Prague Stock Exchange and Warsaw Stock Exchange
Svobodová, Jindra ; Kříž, Radim (advisor) ; Hásová, Jiřina (referee)
The goal of this thesis is to analyze and compare the main characteristics of Prague Stock Exchange and Warsaw Stock Exchange. At first the attention is paid to the concept of "stock exchange" in the legal system of both countries. A short summary of the history of both exchanges is followed by a description of the organizational structure and comparison of the basic conditions of exchange membership. The individual market segments are analyzed as well as conditions for admission of financial instruments to those segments. The thesis also outlines the essential characteristics of trading systems in Prague and in Warsaw together with a list of basic types of trades. The final comparative analysis is devoted to the type and volume of financial instruments traded on both exchanges and settlement of those trades.
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The comparison of the main characteristics and the process of establishment of Private Limited Company in the Czech Republic and in Germany
Novotná, Eliška ; Kříž, Radim (advisor) ; Hásová, Jiřina (referee)
This master dissertation is dedicated to the main characteristics and to the process of establishment of Private Limited Company in the Czech Republic and Germany and to the comparison of these two national legal forms. The goal of this work is to compare Czech and German Ltd. in a very clear way, so the reader can understand what the differences of this type of company in the national legal forms mentioned above are and what have on the contrary in common. The work deals also with the Czech and German Ltd. in separated chapters in order to be the comparison for the reader comprehensible. In the end of the master dissertation is expressed the author's opinion, which national legal form of this type of company is better and in what way.
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Liability for defects and guarantee according to the Civil Code
Šorf, Marek ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The aim of this thesis is to analyse legal regulation of liability for defects and guarantee in Czech civil code and to elaborate problematic paragraphs of this area of law. Thesis defines general regulation, specific regulation for separate contracts and also specialities of consumer law according to civil codes no. 40/1964 and no. 89/2012. There are defined principles of liability for defects and guarantee liability, rights from liability for defects and complaint procedure. Thesis also contains comparision of Czech legal regulation with the English one. Law of European Union is added too, there is summarized the accuracy and suitability of implementation of European directive no. 1999/44/ES into the Czech Civil Code.
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Difficulties of enterprises and their solutions (comparison of French and Czech legislation)
Hudáková, Jana ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
Difficulties of enterprises constitute negative phenomenon in society. They occur so often that both French and Czech legislator decided to regulate them by adoption of relevant legal provisions that offer particular ways of solution of debtor's bankruptcy. Bankruptcy law, term generally denoting this legal area, passed through "rich" historical development, what reflects in its legal, economic and social framework. Thesis is divided into four parts. The first one briefly defines difficulties of enterprises. The second one deals with different ways of solution of debtor's bankruptcy in French law, introduces principal changes that were made by the latest amendments from the area of bankruptcy law and by means of attached statistics illustrates number of bankruptcies and ways of their "treatment" in France. The third part deals with Czech insolvency law and underlines changes introduced by the new law of bankruptcy and ways of its solution that entirely replaced previous "law about bankruptcy and settlement". The last part summarizes findings of my thesis, proposes eventual ways of mutual inspiration derived from French or Czech bankruptcy law, deals with reflections de lege ferenda and outlines some terminological problems.
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Insolvency proceedings from the view of insolvency administrator's duties
Pařezová, Kateřina ; Hásová, Jiřina (advisor) ; Moravec, Tomáš (referee)
This diploma thesis deals with the insolvency administrator. The objects of this work are mainly are the duties that insolvency administrator has to execute during the insolvency proceeding and the necessary requirements for the performance of the insolvency administrator's function. The objective of this work is to clarify the role of insolvency administrator in the particular phases of insolvency proceedings in general terms and the definition of his position and responsibilities in different types of insolvency proceedings. The aim of this work is also to analyze the assumptions that insolvency administrator must meet in order to obtain permission to perform the function of the insolvency administrator.
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European judicial space: Brussels I Regulation
Tejralová, Pavlína ; Hásová, Jiřina (advisor) ; Grmelová, Nicole (referee)
The theme of my diploma thesis is one of the most important judicial acts of European private international law of civil procedure - Brussels I Regulation. The aim of my thesis was to analyse the Regulation from many views with an emphasis on the jurisprudence of European Court of Justice and of domestic national courts. First part of the thesis aims to describe the whole legal branch of european private international law of civil procedure and therefore place the Regulation in the context of the whole legal branch. second part of the thesis deals with the Regulation in its entirety and desribes every single article of the Regulation and tries to determine the boundaries of its application and interpretation. The last, third part, states othre relevant legal acts related to Regulation which are considered to be its alternative, and sums up the pros and cons of their application.
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The comparative analysis of consumer protection law
Dvořáková, Danijela ; Hásová, Jiřina (advisor) ; Neděla, Radek (referee)
The main purpose of this thesis is the comparison of consumer protection legislation in the Czech republic, United States of America and Croatia and the comparison of selected legal questions. After the introduction to the general issues related to consumer protection, namely the basic concepts, the development of consumer protection law in the world and the reasons of protection of consumer, the work deals with legal sources of current czech, american and croatian consumer protection law. Actual comparisons of personally selected legal questions is creating the core of the thesis. We are comparing legal definitions of basic subjects of consumer protection law, warranty and products liability as described in laws of each country.
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