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Requirements for compliance with ethical standards in the context of B2B contracts of sale
Kurková, Natálie ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
5 Requirements for compliance with ethical standards in the context of B2B contracts of sale Abstract With increasing requirements for non-financial reporting, as adherence to ethical standards becomes a focal point of interest for entrepreneurs, the legal framework offers an effective mechanism for ensuring compliance - a contract. First, the thesis explores the terminology associated with ethical standards, which is both extensive and fragmented. The diverse terminology can contribute to misunderstandings and complicates the exploration of how ethical standards can be incorporated into contractual relationships. The emphasis within the thesis is placed on identifying, defining and unifying key terms, which is essential in order to ensure clear comprehension of the topic and facilitating dialogue between experts across disciplines. The thesis focuses on the possibilities of integrating ethical standards into B2B purchase contracts within the legal framework of the Czech Republic. The thesis aims to explore whether and how ethical standards can be incorporated into the contractual relationship, identifying and examining two primary methods: through the characteristics of the purchase item and incorporation separate from the contract matter. The thesis examines the application challenges associated with...
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Greenwashing as Unfair Competition Practice
Hamáčková, Magdalena ; Hurychová, Klára (advisor) ; Patěk, Daniel (referee)
Greenwashing as Unfair Competition Practice Abstract: The thesis focuses on one of the major obstacles in the fight against climate change, greenwashing. Given the difficulty in defining and the diversity of this phenomenon, this thesis aims to introduce greenwashing and examine it through the lens of unfair competition law. In particular, it examines whether greenwashing can be an unfair competition act, i.e. whether it fulfils the general unfair competition clause, whether it can possibly also fulfil one of the special unfair competition acts and whether the current unfair competition legislation is sufficient or whether it would be appropriate to create a new special unfair competition act regulating greenwashing. The first chapter of the thesis focuses on competition, defines competition law and discusses the basic concepts related to competition. All of this is important in order to subsequently highlight how competition is changing in the context of environmental protection efforts and related activities and what threats it faces. The second chapter continues with the definition of the law against unfair competition, explains the nature of unfair competition, introduces the general clause of unfair competition and describes in more detail the three most important specific acts of unfair competition...
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Business contract concluded with consumers
Vavroušková, Barbora ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
This thesis deals with the legal regulation of contracts concluded with consumers contained mainly in the Civil Code under the provisions on obligations under contracts concluded with consumers. It starts with a brief overview of historical development of consumer protection legislation. This is followed by an analysis of basic concepts, specifically definition of consumer and the trader, and also description of commercial contracts concluded with consumers. Following this, the work provides a complex overview of the relevant Czech legislation. Subsequently, the thesis focuses on the analysis and evaluation of the general rules of the process of concluding contracts with consumer in the Civil Code and also an analysis and evaluation of current legal regulation of contracts on financial services concluded with consumers by distance form. Specifically, it deals within the general rules of the consumer contract process, information obligation of the trader, rules on the interpretation of the content of consumer contracts, prohibited terms in consumer contracts and specific rules on withdrawal of consumer from the contract. Within the framework of the financial services contracts legislation concluded by distance, the following analyses the provisions on the information obligation of the trader and on...
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Legal regulation of dietary supplements advertising
Šotolová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
5 Legal regulation of dietary supplements advertising Abstract The thesis analyses and summarizes the legal regulation of dietary supplements advertising. It deals with the assessment of the effectiveness of the current legal regulation in the given area from the point of view of consumers, as the most frequent addressees of advertising and tries to answer the question whether this regulation provides sufficient protection for consumers or whether it rather restricts them too much from receiving valuable information. The issue is also approached through the lens of food business operators and the question is raised whether the strictness of the legal regulation does not exclude or excessively prevent them from advertising a dietary supplement. In the first chapters, the dietary supplement is characterised, while an introduction to the legal regulation of dietary supplements as such is defined. This is followed by a definition of advertising and its typical aspects and an introduction to the legal, as well as extra-legal, instruments for its regulation. The core of the thesis is in third chapter, which deals with the analysis of the individual rules set out in the Advertising Regulation Act No 40/1995 Coll. and the relevant directly applicable EU regulations, as these rules are specific to the field of...
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Structured Data on the WWW
Pátek, Daniel ; Hynek, Jiří (referee) ; Burget, Radek (advisor)
This thesis focuses on the semantic web, its key technologies, and the representation of structured data on the web. It explores standard formats like RDF and OWL, methods such as JSON-LD, and knowledge databases including Wikidata and DBpedia. It addresses the extraction, visualization, and linking of structured data with external databases. The primary goal is to develop an application that facilitates efficient work with structured data and their integration with knowledge bases.
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Issues regarding selected conditions for participant exclusion in public procurement proceedings
Hourová, Aneta ; Patěk, Daniel (referee)
1 Abstract Issues regarding selected conditions for participant exclusion in public procurement proceedings This dissertation deals with issues surrounding specification of conditions for participant exclusion in public procurement proceedings with special focus on the condition contained in section 48(5)(d) of Act No. 134/2016 Coll., on public procurement procedure ("PPP"). The issue presented by the condition for exclusion in section 48(5)(d) PPP, which states that the contracting authority may exclude a participant from the procedure on grounds of unsuitability, relates to how this is achieved in practice according to the rules and principles of the PPP and the regulation of the quality of competition (unfair competition). This dissertation draws attention to the limitations of section 48(5)(d) PPP and its application, and critically analyses and evaluates its subject. According to the current jurisprudence of the Office, the exclusion of a participant can often be unsuccessful due to a confusing interpretation of the rules of its application. The Office for the protection of competition has stated that for a successful exclusion of a participant under section 48(5)(d) PPP, the contracting authority must satisfy an evidential burden and prove that a misconduct by a reliable supplier has occurred. This...
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Modelling on Historical Data
Pátek, Daniel ; Rozman, Jaroslav (referee) ; Zbořil, František (advisor)
The aim of this thesis is to design and implement a web application that allows the display and editing of genealogical models. These models are created using a program that permits their automatic assembly from available registry records. A great focus of the solution is the connection of the web application with this program. The application is developed using Node.js, written in JavaScript using its React library.The web application provides the user with access to the mentioned program and allows him to view and edit the output of this program. It is especially concerned with the user-friendliness and simplicity of the application. The solution also includes integration into an existing system which provides the user with the possibility of transcribing data from archives and manages a community database.
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Penalising surreptitious advertising by influencers on social networks
Krchovová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Penalising surreptitious advertising by influencers on social networks Abstract This academic paper deals with the trend of influencer advertisement and its regulation in the Czech Republic and the European Union. It also evaluates the effectiveness of enforcement in the Czech Republic and presents three different approaches to enforcement abroad, including Czech and foreign self-regulation. The first section of the paper describes the development of influencer advertisement and the form it takes today, emphasizing the remuneration of influencers. Its most pressing problem is the hidden form of advertising and thus it is considered deceptive advertising. The second part focuses on the current domestic public and private law regulation of advertising as applied in the social networks environment and defines the legal status of the participants. The legal regulation in the Czech Republic is based on the European Union law, and therefore the thesis reflects the key concepts in the light of the Guidance on the interpretation and application of Directive concerning unfair business-to-consumer commercial practices in the internal market. After analysis of the applicable law, the main purpose of the next chapter is to define the difference between an influencer's recommendation and their commercial content,...
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Unfair commercial practices against consumers and children in particular
Chodorová, Eliška ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
1 Unfair commercial practices against consumers and children in particular Abstract The diploma thesis deals with unfair commercial practices against consumers and children in particular. The aim of this thesis is to present the legal framework for the protection of children, as a particularly vulnerable group of consumers, against unfair commercial practices, and to analyse whether they receive effective protection against such practices, especially at a national level. The main methods used in this diploma thesis were the research of legal literature, legal regulations and case law of Czech and foreign courts. On the basis of the acquired information, using interpretative methods, especially linguistic, logical, and systematic, the main and partial conclusions were subsequently generalised. The diploma thesis is divided into an introduction, a conclusion and five main chapters, which are further divided into subchapters. The first chapter defines the key terms with a focus on children as a group of particularly vulnerable consumers. The second chapter is devoted to a general definition of unfair commercial practices by describing the so-called three-stage test of unfairness. The third chapter focuses on the aggressive commercial practice of solicitation of children to buy advertised products. The main...
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Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022
Švarcbek, Alexandr ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Three issues of consideration of consumer contract penalty clauses in judgments rendered between 2020 and 2022 Abstract This diploma thesis deals with the issue of penalty clauses in consumer contracts. The goal of this diploma thesis was to determine, based on the analysis of the decisions of court rendered between 2020 and 2022, whether there is a differing legal assessment in cases with similar factual circumstances (penalty clauses) in the judicial practice of courts, and if so, for what reasons. The diploma thesis reveals that in some aspects, the legal assessment by courts in factually similar cases is entirely different. Based on the analysis conducted, three main problems arising in the consideration of penalty clauses in consumer contracts are formulated. Namely the issue of assessing the adequacy of the amount of the contractual penalty and the related discretionary power of a court to reduce an excessive contractual penalty, whether the penalty clause is formulated in plain and intelligible language, and the (im)possibility of including penalty clauses in the terms and conditions or other documents different from the main consumer contract. It also emerged from the analysis that in more than 1/3 of cases the courts ignore the special legal regulation of consumer contracts and do not deal with the...
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