National Repository of Grey Literature 261 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Business contracts concluded with consumers
Polák, Jindřich ; Liška, Petr (advisor) ; Flídr, Jan (referee)
Business contracts concluded with consumers Abstract This diploma thesis focuses on the issue of unfair terms in consumer contracts. This topic presents a particular sector of the legal regulation of business contracts concluded with consumers. The Czech republic's regulation on unfair terms in consumer contracts derives from the law of European union. In particular it concerns the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The system of protection introduced by the Directive is based on the premise that the consumer is in a weak position in regards to both his bargaining power and his level of knowledge. This leads to the consumer agreeing to contract terms drawn up in advance by the trader without being able to influence their content. Therefore, the Directive forbids such term if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, detriment to the consumer. Initially the Czech legislator implemented said Directive in an inapt manner. These shortcomings are being repaired by the recently adopted amendment to the Civil Code and Act on Consumer Protection. This amendment also reflects the current development of the European union's consumer law. The core of this thesis is the...
Penalising surreptitious advertising by influencers on social networks
Krchovová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Penalising surreptitious advertising by influencers on social networks Abstract This academic paper deals with the trend of influencer advertisement and its regulation in the Czech Republic and the European Union. It also evaluates the effectiveness of enforcement in the Czech Republic and presents three different approaches to enforcement abroad, including Czech and foreign self-regulation. The first section of the paper describes the development of influencer advertisement and the form it takes today, emphasizing the remuneration of influencers. Its most pressing problem is the hidden form of advertising and thus it is considered deceptive advertising. The second part focuses on the current domestic public and private law regulation of advertising as applied in the social networks environment and defines the legal status of the participants. The legal regulation in the Czech Republic is based on the European Union law, and therefore the thesis reflects the key concepts in the light of the Guidance on the interpretation and application of Directive concerning unfair business-to-consumer commercial practices in the internal market. After analysis of the applicable law, the main purpose of the next chapter is to define the difference between an influencer's recommendation and their commercial content,...
Public service contracts for transport of passengers
Menčík, Jaroslav ; Liška, Petr (advisor) ; Horáček, Tomáš (referee) ; Marek, Karel (referee)
Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Title Public service contracts for transport of passengers Abstract One of the fundamental tasks of the state and territorial self-government units is to ensure transport services in the territory through public passenger transport services, especially by rail and public line (bus) transport. Public service contracts for transport of passengers, which are concluded between public customers and public transport operators, play a key role in the public passenger transport system. The subject of these contracts is, on the one hand, the obligation of the carrier to operate public transport services in accordance with the requirements of the customer and, on the other hand, the obligation of the customer to pay financial remuneration to the carrier in the form of so-called compensation. From a legal point of view, a number of legal issues and problems arise in connection with public passenger transport contracts. In the dissertation, I am analyzing the main shortcomings of the current legal regulation of public passenger service contracts and how they could be solved. To this end, in the dissertation I analyze individual aspects of the legal regulation of public passenger transport contracts in the light of theoretical knowledge and practical...
Modification of a Public Contract
Kollmann, Jáchym ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
53 Modification of a Public Contract Abstract The thesis deals with the institute of changing a public contract as a result of unforeseen circumstances. The thesis is divided into several chapters and subchapters. The first chapter of this thesis is its general part. This chapter is devoted to the institute of the amendment of a public contract obligation in the context of its inclusion in the legal system of the Czech Republic. In particular, the chapter concerns the specificities of the regime of Act No. 134/2016 Coll., on public procurement, as amended (hereinafter referred to as the "PPA") as compared to the regime of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), which are justified by the specific purpose of the PPA and its principles. The second, crucial, chapter of the thesis focuses on the very institute of changing the obligation under a public contract as a result of unforeseen circumstances pursuant to Section 222 (6) of the PPA. This chapter is subsequently divided into subchapters, which consist of the individual conditions that must be fulfilled in order to amend a contract pursuant to Section 222 (6) of the PPA. The last subchapter deals with the analysis of the relationship of the provision in question of the PPA to the provisions of the Civil...
Business management of a capital company
Brynychová, Nela ; Tomášek, Petr (advisor) ; Liška, Petr (referee)
1 Abstract Business management of a capital company This thesis deals with the issue of business management within capital companies. In the absence of a legal definition of this concept, its meaning is defined mainly through doctrine and case law. The thesis analyses the definitions provided in literature and in judicial decisions, including tracing their overlaps, and summarises them. Subsequently, the concept of business management is defined negatively, first depending on the degree of unusualness or ordinariness of the business decision made, and then depending on the type of activity performed. In the first case, business management is primarily distinguished from strategic and conceptual management and from the basic framework of business management. This distinction is particularly important because it is only in the area of business management that the law forbids to give instructions to the statutory body. In the second case, it is necessary to differentiate between the different types of competence of the statutory body, where, in addition to business management, the statutory body is mainly entitled to the representation of the company in all matters, alongside being entitled to perform activities carried out in relation to the other bodies of the company. The next part of the thesis presents...
Consumer creditworthiness assessment
Kopecký, Tomáš ; Flídr, Jan (advisor) ; Liška, Petr (referee)
85 Consumer creditworthiness assessment Abstract This thesis deals with the pre-contractual obligation of consumer credit providers to assess the consumer's creditworthiness. The concept of creditworthiness is thoroughly and critically analyzed in four chapters focusing on assessing creditworthiness for consumer credit other than for housing purposes. The main objective of the thesis is supplemented by sub- questions set out in the introduction. These sub-questions reflect contentious issues arising from the case law of the ordinary courts, the European Court of Justice, and the Financial Arbitrator. An essential part of the thesis is therefore an extensive case law analysis, which helps to interpret many vague legal terms in national and European legislation. The thesis seeks to find solutions to interpretative ambiguities related to the topic. The opening chapter defines the concept and main purpose of implementing a creditworthiness institution. It also outlines the limits of the temporary restriction on the consumer's life (social conditions) when concluding a credit agreement. The end of the chapter concerns the requirement of due professional care and how to ensure its compliance by providers. The second chapter focuses on income, expenditure and means of meeting any existing debts - the criteria for...
Insolvency of a Controlled Person and the Consequences for the Corporate Group
Hlavatý, Radim ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
This thesis deals with the insolvency of a controlled person and its legal consequences for a corporate group under the Companies Act and the Insolvency Act. The aim of this thesis is to outline the consequences of the insolvency of a controlled person under the Companies Act for the controlling person of the corporate group and to analyse the special regime of the Insolvency Act affecting the other members of the corporate group in the insolvency proceedings of the controlled person. It begins by discussing the concepts that are central to this thesis, particularly with regard to their conceptual background. The subsequent chapter examines the consequences of the insolvency of a controlled person for the controlling person under the Companies Act. Particular attention is paid to the consequences of the insolvency of a controlled person caused by the conduct of the controlling person under the business groups regime and the action to supplement liabilities. The thesis in this part evaluates the business groups regulation and deals with the cases in which a duty may be imposed on the controlling person under an action to supplement liabilities. The thesis also discusses the provisions of the Insolvency Act that contain special rules for members of the same corporate group as the debtor. In this...
The status of a sportsman as an entrepreneur
Trampota, Lukáš ; Tomášek, Petr (advisor) ; Liška, Petr (referee)
The status of a sportsman as an entrepreneur Abstract This thesis deals with the issue of the status of a sportsman as an entrepreneur in the Czech legal environment. Although it is an area that is still overlooked by the legislator, it is still a topical issue. Professional sportsmen are basically free to choose their status, and one of the options is to act as an entrepreneur. The aim of this thesis is to analyse in more detail the features of entrepreneurship and then to assess whether sportsman in individual and collective sports fulfil these features. The thesis is organized into five main chapters. In the first chapter, the terms sport and professional sportsman are generally defined. Next, the current situation of the position of professional sportsman in the Czech Republic is briefly outlined. The second chapter then examines the concept of entrepreneur, especially considering the individual features of entrepreneurship. These are analysed in more detail while also selected case law is mentioned. Finally, the extension of the definition of an entrepreneur to include persons who may not in fact be entrepreneurs, but will nevertheless be considered entrepreneurs, is also indicated. In the third chapter, it is then assessed whether professional sportsman fulfil the individual features of...
Rights and obligations of an entrepreneur in timeshare
Doan, Son ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Rights and obligations of an entrepreneur in timeshare Abstract The thesis analyses the rights and obligations that arise for an entrepreneur from a timeshare. The aim of this thesis is to analyse what rights and obligations of an entrepreneur specifically derives from a timeshare and on what legal basis. The thesis consists of seven chapters. The first chapter is devoted to the definition of key terms that are subsequently used in the thesis. These are in particular the consumer, the entrepreneur and the timeshare. Within this first chapter, the concept of timeshare is specified by extending the scope to other contracts that have been defined under Directive 2008/122/EC of the European Parliament and of the Council. Timeshare thus constitutes only one of the four types of performance related to timeshare. The other performances are a long-term holiday product, participation in an exchange system and the right to assistance of the entrepreneur in the transfer for consideration. The second chapter discusses the legislation governing timeshares. These are mainly European Directives and the national legislation into which the Directives have been transposed. The third chapter focuses on the trader's information obligation, under which the trader is obliged to provide the consumer with the prescribed...
Amendment of public contract
Milev, Ivan ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Modification of a Public Contract Abstract The objective of this diploma thesis is to comprehensively analyze the regulations pertaining to modifications of a public contract, i.e. the obligation of the public contract according to the Public Procurement Act No. 134/2016 Coll. and according to European law, as well as to place it into the wider context of contract law according to Act No. 89/2012 Coll., The Civil Code. Furthermore, the aim of the thesis is to point out certain issues with the interpretation of the current legislation, as well as its shortcomings which have an effect on its applicability. The thesis is divided into five chapters. In the first chapter, general private law terminology is introduced - the obligation and the contract - which is then placed into the context of public procurement in the second chapter. The third chapter covers the main subject of this thesis, i.e. it outlines the purpose, history, context and structure of the current legislation and also presents the problem of placing the legislation of public contract modification into general civil legislation, all while respecting the autonomy originating from European law, which unavoidably creates conflicts which the author points out. In the fourth chapter, individual rules for determining substantial and non-substantial...

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See also: similar author names
4 LIŠKA, Pavel
14 LIŠKA, Petr
4 Liška, Pavel
14 Líska, Petr
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