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Private-law aspects of Civil Service Act
Rubešová, Jolana ; Morávek, Jakub (referee)
Private-law aspects of Civil Service Act Abstract Primary aim of the thesis is to cover all fundamental issues of private law-public law divide and to focus on their practical aspects in connection with the Civil Service Act. That implies that the thesis has two main dimensions - methodological and theoretical dimension that focuses generally on private law-public law divide and practical dimension focused on legal construction and analysis concerning specific legal act. Opening chapters of the thesis are briefly describing meaning of the private law- public law divide, approach to this kind of divide in the common-law and development of this divide in the recent Czech history. After that follows the second chapter of the thesis which determinates and depicts general methodology of recognizing the nature of legal phenomena in respect of private law-public law divide. This chapter is divided to the four parts - theoretical part focusing on differences between specific legal phenomena and accordingly the differences in the procedure of recognizing their public or private nature, part describing fundamental criteria that are used to distinguish the private and public law, part that deals with relations that exist between those two areas of law and finally the section that sums up practice of the Czech courts...
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Private-law aspects of Civil Service Act
Rubešová, Jolana ; Morávek, Jakub (referee)
Private-law aspects of Civil Service Act Abstract Primary aim of the thesis is to cover all fundamental issues of private law-public law divide and to focus on their practical aspects in connection with the Civil Service Act. That implies that the thesis has two main dimensions - methodological and theoretical dimension that focuses generally on private law-public law divide and practical dimension focused on legal construction and analysis concerning specific legal act. Opening chapters of the thesis are briefly describing meaning of the private law- public law divide, approach to this kind of divide in the common-law and development of this divide in the recent Czech history. After that follows the second chapter of the thesis which determinates and depicts general methodology of recognizing the nature of legal phenomena in respect of private law-public law divide. This chapter is divided to the four parts - theoretical part focusing on differences between specific legal phenomena and accordingly the differences in the procedure of recognizing their public or private nature, part describing fundamental criteria that are used to distinguish the private and public law, part that deals with relations that exist between those two areas of law and finally the section that sums up practice of the Czech courts...
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Issues of criminal liability of legal entities
Rubešová, Jolana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This thesis analyzes the most important issues of criminal liability of legal entities that was, after the complicated process of enactment of the act number 418/2011 Sb., recently established by the Czech law. This topic still causes discussions and its development is not at the end. The thesis consists of eight chapters. The first chapter is a brief introduction to the structure of the text and contains defining of the basic aims of the study. Chapter two describes historical development of the topic in Europe and also shows much easier acceptance of criminal liability of corporations in common law. The third chapter compares different concepts of the topic established by several members of European union and characterises the modifications of this topic worldwide. In chapter four is explored effect of the enactment of the criminal responsibility of legal entities on basic terms and principles of Czech criminal law. Chapter five deals with imperfect form of administrative sanctioning of legal entities in Czech republic as one of the most important reasons of establishing their criminal liability. Part two of this chapter explains the distinctions between administrative and criminal ways of punishing illegal conduct of corporations. The sixth chapter illustrates the process of enacting the act...
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