National Repository of Grey Literature 426 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Iura in re aliena to a share in a business corporation (including share incorporated in a security)
Jirásek, Lukáš ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
The diploma thesis revolves around the theme of the conditions of creating a pledge over a share in a business corporation. The author aims to answer the question of which shares in business corporations can be subject to a pledge and under what conditions. Additionally, the work explores how members of individual business corporations can influence these conditions, and to what extent. To achieve this goal, the work is divided into five chapters. The first chapter examines the ability of a share in a corporation to become a pledge from the perspective of civil law. Attention is given to the requirements for the characteristics of pledge set forth in the Civil Code and their reflection in the requirements for creation of a pledge over a share in a corporation. The possibility of incorporating certain shares in a corporation into a security or registered security taken into account. Possible approaches to the applicability of the general regulation of pledge of a share to a security representing a share, are presented. The second chapter deals with the legal prerequisites for the ability of a share in individual business corporations to become a pledge. The material reason for such a setup is examined, especially in cases where legal regulations imply that a share in the respective business...
Liability for damage caused by business operation of an entrepreneur
Tůma, David ; Čech, Petr (advisor) ; Hurychová, Klára (referee)
Liability for damage caused by business operation of an entrepreneur Abstract This thesis deals with the liability for damages from operational activities according to § 2924 of Act no. 89/2012 Coll., the Civil Code ("CC"), with the aim of defining the prerequisites of this liability, focusing on the concept of operation. The thesis also focuses on systematic interpretation, in particular for the purpose of negative definition of operation according to § 2924 CC, analyzing the meaning and purpose of the legal regulation, as well as answering the question whether the nature of the regulation can be considered as objective or subjective, comparing the current legal regulation with the previous regulation and the PETL regulation. The work focuses particularly on the case law of the Supreme Court, from which it aims to draw general conclusions. In addition, it also peripherally evaluates the related facts of liability for damages, in particular in order to negatively define the term operation. The thesis concludes that an operation is a gainful activity which is carried out with the intention of doing so on a continuous basis and which is achieved using technologies, objects or procedures which, by their characteristic nature, are characterized by a higher risk of damage to others, generally caused by their...
Use of the Fiduciary Fund in Commercial Relations
Presová, Sabina ; Josková, Lucie (advisor) ; Čech, Petr (referee)
Use of the Fiduciary Fund in Commercial Relations The subject matter of this thesis is the analysis of the possibilities of the Czech fiduciary fund to take part in business in any way or form. The vast body of work is concerning its interpretation and characteristics. To achieve this goal, after a thorough preliminary analysis and selection of the relevant sources, the thesis lays out the most crucial legal questions and areas of interest in which the current legal doctrine is not that much keen on answering. The thesis is divided into an introduction, four parts and a conclusion. After a brief general introduction and an outline of the goals follows a classification of Czech authors of legal doctrine analysing their opinions on the Czech fiduciary fund and their difference of interpretations. The first part is dedicated to commercial and business potential of fiduciary fund based on wide possibilities of use of the trust of the Civil Code of Québec. The extensive second part discusses the relationship between commercial plant and Czech fiduciary fund following the relationship between capital company and Czech fiduciary fund. At the end of the second part the thesis describes the possible ways of operation of the commercial plant with the participation of the Czech fiduciary fund. In the third...
The notification of lack of conformity and consumer remedies in contracts for the sales of goods
Dvořáková, Anna-Marie ; Flídr, Jan (advisor) ; Čech, Petr (referee)
The notification of lack of conformity and consumer remedies in contracts for the sales of goods Abstract This thesis analyses the notification of lack of conformity and consumer remedies in contracts for the sales of goods. This thesis aims to analyse the provisions of Act. No. 89/2012 Coll., Civil Code, and Act. No. 634/1992 Coll., Consumer Protection Act, including recent amendments by Act. No. 374/2022 Coll., which entered into force on 6th January 2023, and reacted to some problematic practical issues. These provisions will be compared to corresponding provisions of Directive (EU) 2019/771. The first chapter of this thesis focuses on provisions of Civil Code regarding consumer remedies for the lack of conformity. Individual sections of this chapter describe requirements for conformity, exceptions from lack of conformity, the remedies which a consumer is entitled to, and the hierarchy of these remedies. Furthermore, the notification of lack of conformity is described according to sections 1922 and 2165 of Civil Code. The recent amendments regarding the liability of the seller for any lack of conformity existing at the time of delivery are also described. Furthermore, the thesis deals with the obligation to notify, according to which the consumer has to inform the seller of a lack of conformity within a...
Property structure of SICAV from the perspective of corporate law
Bezděková, Anna ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
- 1 - Property structure of SICAV from the perspective of corporate law Abstract This thesis focuses on selected property aspects of a joint stock company with variable capital (SICAV), which are analysed from the perspective of corporate law. Specifically, the thesis deals with the institutes of the assets and liabilities (jmění) and capital of a SICAV. A SICAV is a special type (subtype) of joint stock company which can only act as an investment fund. Its regulation can therefore be found in the Investment Companies and Investment Funds Act (zákon o investičních společnostech a investičních fondech). It does not, however, lose the characteristics of a "regular" joint stock company; therefore, the Business Corporations Act (zákon o obchodních korporacích) and, where applicable, the Civil Code (občanský zákoník) apply in cases where Investment Companies and Investment Funds Act does not provide otherwise. This two-tiered subsidiarity of the SICAV legal regime gives rise to some interpretative ambiguities, which are discussed in the thesis. The thesis also provides a general interpretation of the concept of assets and liabilities and capital. First, the thesis discusses the institution of the SICAV's assets and liabilities. This can be broken down into two subsets, namely investment and non-investment...
Liability for failure to make a contract in business relations
Houžvičková, Adéla ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
This thesis deals with one of the elements of the pre-contractual liability, which has been incorporated into the Civil Code under its Section 1729. Specifically, it concerns liability for unfairness, which consists in the deceptive inducement of a reasonable expectation of the conclusion of a contract and the subsequent termination of negotiation without the party having just cause. The subject of this thesis will also be an analysis of whether and how the mutual rights and obligations in the pre-contractual relationship will be modified if one of the contracting parties is an entrepreneur. Within the first part of my thesis, I subject the legal norm and its subparts (as I appoint them bellow) to a detailed analysis. Firstly, I analyse the prerequisites for applicability of the legal norm (i.e. the hypothesis of the legal norm), then the unlawful act itself, its nature and its manifestations (i.e. the disposition of the legal norm) and, lastly, the negative consequences that may eventually arise if one of the parties acts unlawfully. Crucial part of my thesis is constituted by chapters 3 - 6, in which I deal with the individual parts of the structure of the legal norm and then evaluate the general conclusions in terms of their applicability within the business environment. Within the 3rd chapter I...
Disguised distributions in capital companies
Bartlová, Sára ; Čech, Petr (advisor) ; Hurychová, Klára (referee)
Disguised distributions in capital companies Abstract The balance between providing adequate protection to creditors and securing the right of the shareholders to a distribution is disturbed by the institute of disguised distribution. This thesis analyses this institute against the background of the recent amendment to the Business Corporations Act, which introduced rules prohibiting gratuitous transactions in favour of shareholders into the Czech legal system. The aim of the thesis was to analyse the circumstances under which a disguised transaction between a capital company and its shareholder would constitute a breach of the profit distribution rules by examining the differences between Austrian, German and Czech legislation. The thesis further describes the various aspects of disguised distributions and presents a definition thereof under Czech law. A disguised distribution is such a contractual legal act concluded between the company and its shareholder, whereby the company provides a material benefit to the shareholder, or to a person close to the shareholder, or to another third party on the shareholder's instruction, outside the scope of the lawful procedure for the distribution of profits by the Commercial Corporations Act, without receiving adequate compensation. Beneficiaries of a disguised...
Vliv potravy na vývoj chrousta maďalového (Melolontha hippocastani Fabr.)
Čech, Petr
This thesis defined impact of insect species on forest and landscape in broader context and described possible impacts of their gradations on forests in the central Europe in connection with pest species, its food preferences, overpopulation occurrence and local conditions. The research evaluated food requirements of Forest Chockchafer (Melolontha hippocastani Fabricius, 1801) and food-connected impact on fertility, food preference and caused damage. The theses also determined the influence of food (Quercus petraea (Matt.) Liebl.) treated with manganese chloride solutions in three concentrations on food consumption, time of adult activity and fertility of adult specimens of Forest Chockchafer. It was necessary to use laboratory breeding to get desired data. After feeding on the oak, the Forest Chockchafer was in the best condition in terms of monitored parameters and the ability of survival on pine blossoms was proven. Reaction of Forest Chockchafer on increased amount of manganese was negative and manganese had also influence on its activity, ecology and physiology. Despite its defence mechanisms - excretion of manganese (up to 24 110 mg.kg-1) in the material of excrement and integration to its own body parts not participating on its physiology processes (up to 430 mg.kg-1) - impact on Forest Chockchafer adults was shown by shorter feeding period (by eight and a half day for female specimens), decreased food intake (down to one fifth) and reduced fertility. While in the case of treatment T1 the fertility was reduced down to one fourth, with manganese concentration in the diet 17 700 mg.kg-1 (treatment T3) female specimens were not able to lay eggs at all. The toxicity limit for Forest Chockchafer was exceeded and female fertility was reduced.
Written form of legal transaction in e-commerce
Běhounková, Tereza ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
Written form of legal transaction in e-commerce Abstract This thesis focuses on the written form of a legal transaction in the context of e- commerce. Every day, a number of contracts is concluded electronically on the internet and the need to deepen digital legal transactions is therefore growing every day. It is no exaggeration to conclude that we can no longer imagine life without electronic legal transactions. The aim of this thesis is to analyse the legal regulation of electronic legal transactions in written form and to assess under which circumstances the requirements for such legal transactions will be met. The submitted thesis aims to answer and analyse whether the legal provisions and requirements for electronic legal transactions in written form are in compliance with the technical reality and technical possibilities of electronic legal transactions. Furthermore, this thesis addresses the question why the technologies on which electronic legal transactions (in written form) are based are becoming obsolete, how our legal system deals with this fact and how it faces these challenges. Finally, it critically inquires whether the current law sufficiently reflects the realities of electronic legal transactions and e-commerce to provide sufficient legal certainty for the parties whose rights and...
The law of business corporations riding on the wave of digitalisation
Kočí, Jan ; Čech, Petr (advisor) ; Hurychová, Klára (referee)
The law of business corporations riding on the wave of digitalisation The topic of this diploma thesis is the law of business corporations riding on the wave of digitalisation. Due to the spread of the topic, the author decided to narrow it down. Therefore, the thesis focuses solely on online establishment of a limited liability company in the Czech Republic and attempts to answer the question if any limited liability company in the Czech Republic can be established online within several minutes. The thesis is divided into three main chapters. In the first chapter the reader is provided with an insight into the legal regulation of electronic identification by the virtue of electronic identification being the key for digitalisation of this part of the company law. Its near future is also partly explained in this thesis due to the fact that the legal regulation of electronic identification and thus its technical side will most likely undergo major changes in the next few months. The second chapter is dedicated to the amendment of the notary code, which introduced the possibility of writing a notary record in an electronic form. This option for notaries is the second key innovation that enables the establishment of a limited liability company in the Czech Republic online. However, in this chapter the...

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See also: similar author names
13 ČECH, Pavel
13 Čech, Pavel
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