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Shareholder's Right to Information in Capital Business Corporations
Špačková Pružinská, Lucia ; Černá, Stanislava (advisor) ; Tomášek, Petr (referee)
Shareholder's Right to Information in Capital Business Corporations Abstract This thesis deals with one of the most fundamental and most important rights of every shareholder of a business corporation, the right to information. The aim of this thesis is to provide a description of this institute in capital business corporations, i.e. in a limited liability company and a joint stock company. This thesis focuses on the nature of the right to information and the principles of its functioning while highlighting the differences between the regulation within the different forms of capital business corporations as well as the reasons underlying such differences. Most importantly, the aim of this thesis is to find the limits of the right to information, i.e. which information, and under what conditions, are companies obliged to provide to their shareholders and which information they may withhold. This thesis is divided into five chapters. The first chapter is a general introduction to the topic, the aim of which is to describe the nature of the institute of the right to information and its significance. The second chapter focuses on the regulation of the right to information in limited liability companies. It particularly deals with the conditions for exercising the right to information, including the requirements...
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Unfair terms in consumer contracts
Pružinská, Lucia ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
Unfair terms in consumer contracts Abstract This master thesis deals with the unfair terms in contracts concluded with consumers. Firstly, the main notions associated with the topic of unfair terms are described, especially the notion of consumer as it is a crucial term for the purpose of this thesis and notions related to it such as entrepreneur, or seller of goods and supplier of services, and consumer contract. Further it deals with the key EU legislation in the context of unfair terms, which is mainly the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The principle of minimum harmonisation on which this Directive is based upon is also explained. Moreover, the case law of the Court of Justice of the European Union, which is indeed rich, considering the length of time period the Directive has already been in force, and has often undergone major developments, is one of the main focus points. In the light of the case law it aims to explain which terms are considered to be unfair, and which aspects are essential to that assessment. These include, for example, the concept of inadequacy and transparency, significant imbalance of rights and obligations or fairness. It explains how these concepts are interpreted and what are the consequences of such unfair terms, in particular...
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