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Case law influence on Czech national and international arbitration proceedings
Sedloňová, Věra ; Růžička, Květoslav (advisor) ; Müller, Milan (referee) ; Poláček, Bohumil (referee)
Case law influence on Czech national and international arbitration Proceedings Abstract Arbitration proceedings represent, besides civil judicial procedures, one of the methods for solution of material disputes in private-law relations. Arbitration proceedings have been used for quite a long time. In our territory they were used already under the rule of Charles IV. For example, Jakub Krčín and Štěpánek Netolický, who were well-known artificial lake engineers, belonged among highly appreciated arbitrators. Significant development of arbitration proceedings was registered after 1949, when the Steady Arbitration Court was established at the Czechoslovak Chamber of Commerce in May 1949 and exists up to now under the name "Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic". Legal regulation of arbitration proceedings was undergoing various changes. A principal change occurred in 1964, when the Act no. 98/1963 Coll., on arbitration proceedings in international trade and on enforcement of arbitration awards entered into force, admitting arbitration proceedings only in international trade relations and only for legal entities, at that time foreign trade enterprises. Another principal change then occurred as at 1 January 2015, the effective date of the...
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International trade in pharmaceuticals
Šmíd, Jindřich ; Růžička, Květoslav (advisor) ; Müller, Milan (referee) ; Poláček, Bohumil (referee)
International trade in pharmaceuticals Abstract The purpose of this thesis is to provide an analysis of the human pharmaceuticals international trade. This work examines the general questions of the diagonal relationships between states and private foreign pharmaceutical companies because there are a lot of many specific problems too. The author also focuses on questions concerning the contractual relationships of many stakeholders. There are many opportunities to beginning new directions in research innovative medicines and personalized medicine, but there are dangerous situations for the generic pharmaceutical market. Only a comprehensive knowledge and understanding of these relationships are efficient to develop new pathways to solving problems. The hypothesis of this dissertation text is the concept of efficiency good relationships to the stable distribution of the pharmaceutical products. There are many aspects of the relationships between stakeholders with possibility influencing of the final benefit from the business. Problems result from different interest, strength or weakness of stakeholders. In essence speaking, this thesis is divided into three parts. At first, with regard to our membership in the European Union, it was necessary to make the analysis some legislation of the European Union which...
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Application of Choice of Law Rules
Žaloudek, Václav ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Müller, Milan (referee)
The present dissertation deals with selected questions arising in the course of the application of choice of law rules and of the foreign law designated on the basis thereof. In this context, the dissertation analyzes general issues connected to the selected questions and then compares the possible solutions as implemented in Czech law, EU law and in selected foreign laws. As far as Czech law is concerned, attention is also paid to its historical development; the same is true about some of the foreign laws discussed in the dissertation. The dissertation focuses on selected wording and interpretation difficulties that used to arise and still arise in the context of particular legal instruments. First, two basic hypotheses are set out; their verification is one of the aims of the dissertation. The first is the question of whether the doctrine of choice of law rules represents a self- contained and self-sufficient system that - at least on a theoretical level - offers answers to all questions arising in the context of the application of choice of law rules. The second is the question of whether the concept of a bilateral choice of law rule, as commonly implemented today, facilitates international private law interaction and is - at least on a general level - a suitable way of governing international private...
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The Legal Status of Partners in a Private Limited Liability Company Compared to the Legal Status of Partners (shareholders) in a Joint Stock Company
Andreisová, Lucie ; Kříž, Radim (advisor) ; Müller, Milan (referee)
This diploma thesis poses the question of the legal status of partners in a private limited liability company compared to the legal status of partners (shareholders) in a joint stock company. Although both companies are in a theory of Czech business law classified as capital corporations, which means that they have much in common, the legal enactments which are regulating the area of the partner's legal status in both legal forms contain many significant differences. Some of them may well be considered as slight, unimportant details, whereas the others represent fundamental differences, which, for the partner's legal status, are more than crucial. The partner's participation in the company's activities and in its management could be mentioned as one of the examples. Meanwhile, the partners in a private limited liability company typically participate in the whole life of their corporation, the shareholders in a joint stock company only influence the life of their corporation implicitly, through their influence over the personal structure of the executive body (called board of directors), which is entrusted with the power of the company's management. The members of this executive body are usually represented by people outside of the company; the theory talks about professional, hired management, which is leading to a phenomenon called corporate governance. This diploma thesis not only contains chapters on the legal status of partners in the given types of corporations, it also includes a general interpretation of the terms private limited liability company and joint stock company. Only a correct representation of these terms can lead to an accurate understanding of the partner's legal status. Finally, there are also several comparative thoughts and tables, including some decisions of the business courts added at the end of the paper. Through the means of the above mentioned business court's decisions the author is attempting to demonstrate how the partner's rights and obligations are being performed in practice.
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