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Unfair advertising
Foltínová, Ľubica ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The subject of my doctoral thesis is the analysis of the judicial treatment of unfair advertising. The aim of the thesis is to offer a systematic outlook on the legal environment of advertising from a private and a public law perspective. The legal definition of advertising is given in the Advertising Regulation Act, which can be regarded as the most important public act governing unfair advertising and in the Act on the Operation of Radio and Television Broadcasting, which regulates advertising in television, radio and internet broadcasting. All these definitions belong to the public law area. On the other hand, the definition of unfairness can be found in a private law act, namely in the Commercial Code (Act No.513/1991 Coll.). The unfairness of competition (indirectly of unfair advertising as well) is defined with a general clause against unfair competition. As a result of these definitions, unfair advertising could be understood as the activity, which fulfils the legal definition of advertising and at the same time fulfils the general clause against unfair competition. The thesis consists of three extensive chapters. The first chapter describes the history of unfair advertising and the current legal regulation of this subject from an international, a European and a national perspective. This...
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Unfair advertising
Foltínová, Ľubica ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The subject of my doctoral thesis is the analysis of the judicial treatment of unfair advertising. The aim of the thesis is to offer a systematic outlook on the legal environment of advertising from a private and a public law perspective. The legal definition of advertising is given in the Advertising Regulation Act, which can be regarded as the most important public act governing unfair advertising and in the Act on the Operation of Radio and Television Broadcasting, which regulates advertising in television, radio and internet broadcasting. All these definitions belong to the public law area. On the other hand, the definition of unfairness can be found in a private law act, namely in the Commercial Code (Act No.513/1991 Coll.). The unfairness of competition (indirectly of unfair advertising as well) is defined with a general clause against unfair competition. As a result of these definitions, unfair advertising could be understood as the activity, which fulfils the legal definition of advertising and at the same time fulfils the general clause against unfair competition. The thesis consists of three extensive chapters. The first chapter describes the history of unfair advertising and the current legal regulation of this subject from an international, a European and a national perspective. This...
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