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The position of a weaker party in concluding contracts within business transaction
Skalská, Helena ; Eichlerová, Kateřina (advisor) ; Rozehnal, Aleš (referee)
The position of a weaker party in concluding contracts within business transactions The purpose of this thesis is to analyse the specificities of concluding contracts with a weaker party under the New Civil Code. The main focus is given on the issue of contract terms which are forbidden because they cause significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the weaker party. The thesis explains who can be a weaker party, what differences it brings up and what are the consequences of breach of those protectionist provisions of law. The thesis is composed of an introduction, four chapters and a conclusion. First chapter covers the background information and explains who can be in the position of a weaker party, according to which criteria courts should consider the weakness and when it reaches the level which is relevant for law. Second chapter deals with Section 433 of the new civil code and looks at protection of the weaker party on its basis. It addresses scope of that provision and consequences when a party breaches it. The last part of this chapter concentrates on nullity under the New Civil Code. Chapter three describes position of the weaker party in concluding adhesion contracts and specificities which rise from the fact that the...
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Specificity of joint stock companies with state property interest
Janků, Jan ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Specificity of joint stock companies with state property interest Abstract This diploma thesis focuses on state-owned stock companies. This thesis aims to focus purely on stock companies with only short introductions to other forms of state ownership of corporations. The goal is to identify state as a legal entity and also as a shareholder. The other goals are an analysis of obligation to provide information and lastly a brief analysis of some other specifics when it comes to state-owned stock companies. The first part dealing with the identification of the state aims to sufficiently isolate stock companies from other possible state-owned corporations, while interpreting the relevant legal provisions combined with relevant court decisions. The second part focuses in detail on the obligation to provide information of state- owned stock companies. The goal is to analyze the relevant decisions of the Czech Constitutional Court in relation to the Act on freedom of information. Other chapters of this part focus on obligation to provide information in relation to Act on public procurement and to Act on the contract register . This second part heavily relies on judicial practice of both national and EU institutions. The third part deals with certain other specifics, which relate to state-owned stock companies....
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Additional works in a building contract
Kunešová, Barbora ; Tomášek, Petr (advisor) ; Eichlerová, Kateřina (referee)
Additional works in a building contract Abstract The presented thesis deals with the issue of additional works within the building contract, which are one of the most common causes of disputes between the contractor and the client. Its aim is to comprehensively present the issue of additional works, especially to define the term of additional works, to analyze their impact on the subject of the work, the time for completion and the price of the work. Last but not least, to analyze the legal regulation of additional works in the FIDIC contractual conditions. In the first, general, part of the thesis, attention is focused on the definition of the term of additional works, i.e. works that are performed in addition, beyond the original building contract and to distinguish them from changes of the work. Furthermore, the distinction of individual types of additional works or the causes of their origin, which can include, for example, the requirements of the client, the contractor's actions, defects in project documentation or unpredictable conditions of the building site. The second, special, part of the thesis is focused on partial controversial issues related to additional works. In particular, it is a question of amending the contract and the related issue of the invalidity of the amendment to the contract or...
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Amendment of public contract
Dobr, Daniel ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Amendment of public contract Abstract Amendment of public contract is a small but important part of all public procurement regulation, which, among other things, helps to spend public funds efficiently, prevents corruption, ensures transparency and equal treatment of suppliers and enables contracting authorities to respond to circumstances requiring a change in their contractual relations with suppliers without increased time or administrative demands. The first part of this thesis describes the basic concepts important for understanding the legal regulation of amendment of public contract and outlines the historical development of this area, both at the European and national level. In the following, and at the same time crucial, part, the thesis analyzes in detail the effective legal regulation of amendment of public contract. In this analysis, considerable emphasis is placed on the case-law of the Office for the Protection of Competition, domestic courts and the Court of Justice of the European Union, which is tremendously important for the interpretation of individual legal rules. The thesis also tries to provide specific examples of permitted and prohibited amendments from the case-law of the mentioned bodies. The thesis also deals with individual deviations of the legal regulation of sectoral public...
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Legal means of protecting minority members of a limited liability company in case of increase of share capital by making additional contributions
Sedlařík, Ondřej ; Eichlerová, Kateřina (advisor) ; Černá, Stanislava (referee)
Legal means of protecting minority members of a limited liability company in case of increase of share capital by making additional contributions Abstract This Master Thesis deals with legal means of protecting minority members of a limited liability company in case of increase of share capital by making additional contributions. The main objective is to explore and analyze legal remedies that are embodied in the Business Corporations Act. Primarily whether these remedies, in accordance with their protective purpose, ensure protection of minority shareholders against deterioration, and also functioning and possibilities of achieving the purpose for which the company was established is taken into account. The main methods in the elaboration of this diploma thesis were bibliography research and research on case law, especially of the Czech courts, and the subsequent analytical method. With the help of abstraction and subsequent synthesis of the obtained information, the individual partial and main conclusions are generalized. Among the most used methods of interpretation are linguistic, systematic, logical, and teleological method. This thesis is divided into four main chapters. Each chapter is internally divided into subchapters, which are then in some cases structured into individual points. The first two...
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Specificity of joint stock companies with state property interest
Janků, Jan ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Specificity of joint stock companies with state property interest Abstract This diploma thesis focuses on state-owned stock companies. This thesis aims to focus purely on stock companies with only short introductions to other forms of state ownership of corporations. The goal is to identify state as a legal entity and also as a shareholder. The other goals are an analysis of obligation to provide information and lastly a brief analysis of some other specifics when it comes to state-owned stock companies. The first part dealing with the identification of the state aims to sufficiently isolate stock companies from other possible state-owned corporations, while interpreting the relevant legal provisions combined with relevant court decisions. The second part focuses in detail on the obligation to provide information of state- owned stock companies. The goal is to analyze the relevant decisions of the Czech Constitutional Court in relation to the Act on freedom of information. Other chapters of this part focus on obligation to provide information in relation to Act on public procurement and to Act on the contract register . This second part heavily relies on judicial practice of both national and EU institutions. The third part deals with certain other specifics, which relate to state-owned stock companies....
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Codetermination and its regulation in Czech legal order
Gabrhelová, Petra ; Eichlerová, Kateřina (advisor) ; Tomášek, Petr (referee)
Codetermination and its regulation in Czech legal order Abstract This thesis deals with codetermination and its regulation in the Czech legal system. The main goal of this thesis is to discover whether the current valid regulation enables companies to really utilise the benefits of codetermination, and alternatively under what circumstances it would. The thesis firstly analyses the advantages and disadvantages of codetermination. This analysis aims to determine the main purpose and function of codetermination, which is according to the author mainly improvement of communication and cooperation of the employees and the board, alternatively the management. The thesis focuses mainly on three fundamental aspects of codetermination, them being the position of employees in the supervisory board, the appointment of employees in the supervisory board and sub- sequently the termination of the function in the supervisory board. The thesis takes into account both companies' and employees' point of view. Czech regulation does not take into account the special position of the employees in the supervisory board, whereby there's often a conflict of interests. The chapters regarding the appointment and termina- tion of the function point out that it is possible for the company to influence the members of the supervisory...
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Business of foreign persons via a branch of a business
Ulip, Tomáš ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
Business of foreign persons through a registered branch Abstract The thesis presents a description and analysis of legal aspects related to the issue of business of foreign persons through a registered branch and identifies related problems, either those purely at the level of legal theory or those that occur in practice. The knowledge gained through the description and analysis is then used to make a comparison between the business of a foreign person through a registered branch and the business of a foreign person through an ownership interest in a limited liability company. In the first part of the thesis, the definition of basic terms is first performed, especially of the term foreign person. Furthermore, this part of the thesis describes a valid legal regulation of conditions of business of foreign persons in the Czech Republic according to public law regulations, with a focus on foreign legal persons. In the last chapter of the first part of the thesis selected ways of doing business of foreign persons in the Czech Republic are presented, especially with the aim of introducing these ways of doing business as alternatives to doing business through a registered branch. The second part of the thesis deals with the institute of the registered branch and does so with the aim of defining its essential...
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Substantive consequences of insolveny of an obligor for his business partners
Volín, Jan ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Substantive consequences of insolvency of an obligor for his business partners Abstract This thesis has a goal to describe substantive consequences of insolvency or bankruptcy of an obligor for his business partners. This goal is achieved by a comparison of norms influencing the insolvency proceedings arising from the Act no. 182/2006 Coll., about bankruptcy and methods of its solution (Insolvency Act), with the general norms of obligation law, while using academic literature, case law and legislation. The thesis describes especially single consequences which arise directly from the Insolvency Act and the purpose of these consequences. Additionally, possibilities for the business partners are included regarding avoidance of some of the consequences that might negatively affect them. Particularly, the thesis focuses on existence, extinguishment and enforceability of receivables of obligor's business partners. The text is divided into three chapters. The first chapter describes basic principles of the insolvency proceedings, which helps to understand the meaning and the purpose of the legislation pertinent to the insolvency proceedings. These principles are also interpretation rules for the Insolvency Act. Furthermore, individual phases of the insolvency proceedings are described in the first chapter of the...
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