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Creation and Realization of a Pledge
Smělík, Václav ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
This thesis focuses on the issue of creation and realization of a pledge in the current legislation. The thesis is structured as follows: introduction, three main chapters which constitute the body of the thesis, and conclusion. The first chapter called general introduction deals with the concept of a pledge, in particular its main principles and functions. It further introduces the parties to a relationship established by a pledge and the institute of future pledge together with its practical applications. The second chapter called creation of a pledge provides the overview of individual titles based on which and modes in which a pledge may be created. The chapter describes creation of pledge by (i) an agreement (ii) a decision of a public authority; or (iii) a statute. This chapter further focuses on pledge creation modes as listed in the Civil Code and the Insolvency Act. The chapter also pays special attention to the creation of a pledge by registration in the public registers, the issue of public registers and the effects of material publicity principle. The chapter separately deals with the creation of a pledge over securities and receivables. Finally it also covers the creation of a pledge in the insolvency proceedings. The third chapter called realization of a pledge considers the possible...
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Transfer of the Employment Obligations under Legal Transfer and Merger
Smělík, Václav ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
The thesis focuses on the issue of transfer of undertaking as recognized by the Acquired Rights Directive 2001/23/EC under the EU and Czech law. The first chapter "general introduction" offers an overview of the basic relationships that arise in the course of employment, and the basics of European law. The second chapter considers the rules of the transfer of undertaking under the Acquired Rights Directive and in light of ECJ case law. It defines the terms legal transfer and merger, economic entity which retains its identity, employee, transferor and transferee. Further, it considers the transferred rights of employees and the corresponding duties of employers, encompassing the right for information and consultation, protection against dismissal on the grounds of the transfer and the right for the same work conditions after the transfer. It covers a special case of transfer of undertaking in the case of transferor's insolvency. The third chapter deals with the regulation of transfer of undertaking under Czech law. Firstly, the chapter introduces the development of the provisions covering the transfer in the Labour Code. It focuses on the contemporary provisions of the Labour Code. It describes the grounds for the transfer covered by the Labour Code and particular statutes such as the Civil Code,...
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