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Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
Limitations on Freedom of Contract in the Civil Law
Juřicová, Kateřina ; Dvořák, Jan (advisor) ; Zahradníčková, Marie (referee) ; Selucká, Markéta (referee)
OF DISSERTATION IN ENGLISH Doctoral Student: JUDr. Kateřina Juřicová Topic of Dissertation: Limitations on Freedom of Contract in the Civil Law Supervisor of Dissertation: Prof. JUDr. Jan Dvořák, CSc. Doctoral Programme of Study: Theoretical Legal Sciences - Civil Law, Univerzita Karlova, Právnická fakulta, katedra občanského práva Date of Closing of Dissertation: 31.12.2019 The dissertation covers the limitations on freedom of contract in civil law and provides with the summary and following analysis of both general and specific limitations on freedom of contract in civil law. The general limitations consist of mandatory rules and stipulations prohibited by law. As part of the analysis of the general limitations both character and distinction between mandatory and non-mandatory rules are analyzed, as well as the criteria for the provisions to be designated as mandatory such as statutory prohibition, stipulations contrary to good morals, public order or the law concerning the status of persons, including the right to protection of personality rights. Similarly, the list of specific limitations on self-authorship describes legal relationships between landlord and tenant, employer and employee or consumer and entrepreneur, various cases in the community property of spouses or contracts with minors,...
Testamentary capacityand disinheritance
Aleksić, Jovana ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Testamentary capacity and disinheritance Abstract Disinheritance is an institute of law, which gives the testator opportunity to shorten, or not to leave the forced share to the forced heir for which he is entitled by law. The testator can act in this way only if grounds for disinheritance are met. Grounds for disinheritance are defined by law. However, the legislator does not explicitly state who has this legal capacity. We infer this fact logically. The purpose of diploma thesis is the institute of disinheritance, its overall analysis and demonstration on examples from case law. Also, to evaluate the institute of testamentary incapacity, or the incapacity to make disposition of property upon death, and the institute of disinheritance and put them into context. At the same time, to point out whether legal definition of the testamentary incapacity could have been defined in a different way in the law. The diploma thesis is systematically divided into four chapters, which are then divided into subchapters. The first chapter explains the basic terms which are used in connection with institute of disinheritance. It also demonstrates the most important of the legal principles related to it. The second chapter deals with incapacity to make disposition of property upon death. It is pointed out here that the...
Apartment ownership
Winkel, Ludmila ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
APARTMENT OWNERSHIP ABSTRACT The general aim of this work is to provide a comprehensive overview of fragmented and inconsistent current and older case law and expert opinions on individual aspects of the topic of apartment ownership and to evaluate the situation comprehensively in the light of individual, often completely different opinions. On the way to fulfilling the set goal (i) individual theoretical concepts of apartment ownership were explained; (ii) an analysis of historical development of legal regulation of apartment ownership in the territory of Czech lands was performed (for the application of the historical and teleological interpretive method of today's relevant legal regulations of this matter); (iii) an overview of individual aspects related to the matter of apartment ownership, including its basic concepts, was provided; a comprehensive analysis of which was performed. The concept of apartment ownership has changed a lot over time throughout Europe, as well as in the territory of Czech lands. These changes have always been closely linked to economic development and the political situation. Act No. 52/1966 Coll., The Personal Ownership Act, can be considered the first modern legal regulation of apartment ownership in our territory. Historical development in Czechoslovakia in the 1960s and...
Matrimonial Property Regimes
Novotná, Dominika ; Šustek, Petr (advisor) ; Dvořák, Jan (referee)
1 Abstract: Matrimonial Property Regimes This rigorosum thesis addresses marital property rights in the broadest sense as encompassed by Act 89/2012 Sb., Civil Code, as amended. Chapter One gives a historical background of marital property rights. From a historical point of view, however, community property comes to the forefront and it is its historical development that is paramount to our understanding joint ownership. I first discuss Roman law, as it created the legal basis for joint ownership. I then go on to discuss in more detail the individual civil codes and related laws that have been in force in the Czech Republic since the so-called Josephine Code, which came into effect in 1787. The Josephine Code was followed by Imperial Patent No. 946/1811 Sb., General Civil Code, which was in effect in the Czechoslovak Republic until it was replaced by Act No. 141/1950 Sb., Civil Code. New Family Act No. 265/1949 Sb. also came into effect. Act No. 40/1964 Sb., Civil Code was adopted together with new Family Act No. 94/1963 Sb. and was subsequently replaced in 2014 by Act No. 89/2012 Sb., Civil Code. Based on the applicable Civil Code, community property can be viewed as a legal regime, contractual regime or a regime established by a decision of the court. The second chapter of this rigorosum thesis addresses...
Acting on behalf of a legal entity
Čápová, Martina ; Dvořák, Jan (advisor) ; Lederer, Vít (referee)
Acting on behalf of a legal entity Abstract The rigorous thesis deals with acting on behalf of a legal entity after the recodification of private law. This recodification has brought a number of changes which is not different in the area of acting on behalf of a legal entity as well. The concept of a legal entity as a fictitious subject of law is intertwined with the whole concept of the institute of acting on behalf of a legal entity. The content of the thesis is structured into seven main chapters, which are elaborated in more detail in subchapters. After the introduction, which clarifies the reason for choosing the topic of this work and it's outline, in the first chapter I deal to a general and necessary extent with basic terminology related to the topic of the work and then the legal proceedings themselves. The second chapter is devoted to a general description of legal entities, theories applied to the concept of legal entities and the basic division of legal forms of legal entities in our private law, not only in o.z., but also in ZOK. In the third chapter I approach the basic topic of this work, ie acting on behalf of a legal entity. I have divided this chapter into a general introduction to the actions of a legal entity in relation to representation and actions prior to the establishment of a legal...
Principles of the Private Law
Dvorská, Petra ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Thöndel, Alexandr (referee)
This thesis; apart from an introduction of the concept of legal principles, their importance and settlement of their conflicts; deals with an analysis of legal provisions relating to the legal principles and policies in the first, general section, Chapter I of the Civil Code, as these are the primary provisions with relevance to the entire private law. It further evaluates state of the current legislation and its positive and negative aspects. It focuses in detail on the principle of fairness, as it is a principle aiming for an important improvement of legal relations. It also deals with the key interrelated principles of the civil law - the principle of the freedom of choice, and the principle of equality and protection of the weaker party; their importance is also followed in chapters devoted to the selected special legal regulations of the private law (family law, labour law, and commercial law). Chapter 4 of this thesis deals with analysis of importance and role of good morals in the civil law. An independent section focuses on the term of public order in the civil law providing explanation of their common function. It also provides detailed analysis of legal construction of definition of nature of legal rules, seen not just as a theoretical legal problem, but also a practical one, as it is the...
Duty to provide compensation for harm in housing law
Janderová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Thesis titled Duty to provide compensation for harm in housing law focuses primarily on the concept of legal and contractual duty to provide compensation for harm under Act No. 89/2012 Coll., The Civil Code, in selected areas of housing law. The first chapter of the thesis is devoted to the introduction to the current terminology, including comparison with previous legislation. This chapter also outlines the evolution of housing law and the interaction of the basic institutes, which are further mingled with particular sectors of housing law. The second chapter concerns the issue of legal and contractual duty to provide compensation for harm in the area of housing co-ownership, with an emphasis on the issue of the purchase contract. The third chapter initially outlines the theoretical issue of housing co-ownership, including theoretical concepts emerging in the first chapter, followed by comparison of housing co-ownership in Russia. Furthermore, this chapter deals both with the topic of house management in ideal co-ownership and the institute of pre-emptive law. The third chapter is followed by a chapter devoted to a special institute of housing co- ownership, the Unit Owners Association. In addition to the Unit Owners Association, this chapter also includes housing cooperatives. The legal and...
Application of Benford's law in scientometrics
Šlosar, David Jiří ; Ivánek, Jiří (advisor) ; Dvořák, Jan (referee)
This diploma thesis is focused on determining the degree of presence of Benford's law in citation data. The data and their acquisition are described in detail. The most extensive analysis was performed on a dataset of 8.6 million records of scientific outputs from the Web of Science database, over a five-year period, with a selection of the three most numerous and most cited types of documents. Descriptive MAD (Mean Absolute Deviation) statistic were used to determine the degree of presence of Benford's law. The degree of presence of Benford's law was also determined for two datasets, the production of public universities in the Czech Republic and the Academy of Sciences of the Czech Republic under the same conditions as in other analyses.
A Verified Knowledge Source and Wikipedia
Rožek, Štěpán ; Dvořák, Jan (advisor) ; Sedláček, Jakub (referee)
The main subject and aim of this master thesis is the development and practical testing of a collaboration schema between Czech Encyclopedia of Sociology (Sociologická encyklopedie) and the Czech Wikipedia and its sociology-related content. The collaboration between these two information resources is based on the idea that the Encyclopedia of Sociology can serve as a quality resource for writing and editing Wikipedia and vice versa, Wikipedia can potentially increase Encyclopedia of Sociology's visibility and findability. The theoretical part of the thesis presents information about academic knowledge resources and open collaboration knowledge resources. Last but not least the theoretical part contains information about current practices of collaboration between Academia and Wikipedia. The research part of the thesis presents the development of the collaboration schema and its testing. Methods of semi-structured interviews and field experiment are used within this research. In the first part, one conducts interviews with Czech sociology experts and Wikipedians who are active in the field of sociology or related social sciences. The second part of the research then uses a field experiment to verify to some extent the information from the interviews and to induce reaction from the Wikipedian...

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See also: similar author names
78 DVOŘÁK, Jan
45 DVOŘÁK, Jiří
24 DVOŘÁK, Josef
5 Dvorak, J.
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1 Dvořák, Jan Bc.
5 Dvořák, Jaromír
14 Dvořák, Jaroslav
3 Dvořák, Jindřich
45 Dvořák, Jiří
1 Dvořák, Jiří Ing.
24 Dvořák, Josef
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78 Dvořák, Ján
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