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Interim measures in civil proceedings
Nguyen Hoang, Long ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
An interim measure is a procedural institute, which aims to prevent possible negative consequences to the legal sphere of the applicant in case he would not be able to exercise his rights until the court's final decision is made. This is a frequently used procedural institute, which can ensure a quick but only temporary adjustment of the conditions of the participants in the legal proceedings. The author divided the thesis into three chapters. In the first chapter, the author deals with the concept of interim measures, its nature and the distinction of different types of interim measures. To understand the meaning of interim measures, the author focused in the second part of this chapter on the historical development of interim measures. The second chapter is most crucial because it focuses on the interim measures in Civil Code Procedure. The legal regulation of the general interim measures can be used for special interim measures as an alternative to their regulation in Special Court Proceedings. The author dealt in detail with all aspects of general interim measures, in particular the general preconditions for ordering interim measures, the procedural process from the filing of the application to the issue of the decision and the possibility to appeal against the decision. In the third chapter,...
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Protection against irregular practises of contracting authority
Ducháček, Tomáš ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis deals with the protection against irregular practises of the contracting authority in awarding public contracts. I analyzed part of the Government Procurement Act on Review Procedures, including some of the regulatory impacts. The introductory part of the thesis is followed by a chapter explaining the basic concepts of the issue. In the chapter three, I deal mainly with the institute of objections and blocking deadlines that prevent the contracting authority from entering into a contract. Next chapter is dedicated to the proceedings before the Office for the Protection of Competition, from the submission of the petition, through the deposit institution or the newly established obligation to pay the claim fee, the specific differences in the proceedings before the Office against the standard administrative procedure are highlighted, up to the possible ways and reasons of the termination of the administrative procedure. Appeals against the Office's decision, including possible appeals to the administrative court, are the subject of chapter five. In the end, I summarize the lessons learned, I respond to the questions asked in the introduction and I come up with considerations about legislation. Personally, I consider the analyzed legislation to be quite good. I consider the strengthen role...
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Preliminary measures in civil proceedings
Turková, Lenka ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The presented master's thesis on the "Preliminary measures in civil proceedings" deals with the institute of preliminary measure in the civil procedure as a measure, which provisionally ensures the rights of natural or legal persons. The preliminary measure is used in such situations, where there cannot be awaited until the final decision in the case is issued, with regard to the threats to individual rights or with respect to the concern, that the enforcement of the court decision is threatened. The aim of this thesis is to provide the reader with the complex overview of the information about the preliminary measure, both about the so called general preliminary measure governed by the Act No. 99/1963 Coll., Code of Civil Procedure and about the so called special preliminary measures governed by the Act No. 292/2013 Coll., on Special Court Proceedings. The master's thesis is structured into five chapters. The first chapter refers to the historical development of the preliminary measure in our territory and provides general information about this institute and its purpose. The second part is focused on the general preliminary measure's issues. In this chapter, the author describes the procedure on proposal on order of this type of preliminary measure, the duration of preliminary measure and the...
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Analysis of decision making of the Czech Office for the Protection of Competition in public procurement cases
Ducháček, Tomáš ; Soudek, Jan (advisor) ; Skuhrovec, Jiří (referee)
This thesis analyzes the decision making of the Czech Office for the Protection of Competition in public procurement cases. It deals with both procurement oversight and the underlying incentives of the participants of proceedings. The aim of this thesis is to show the motivation of participants of proceedings is various and it often differs from the initial purpose of the oversight. The decisions of the Office and the length of proceeding before the Office play an important role in the incentives of participants. First, the author summarizes the legislative framework of the proceeding before the Office with emphasis on economically important aspects. Then he performs the analysis of the decisions. The results show that the length of proceeding before the Office is quite long and both contracting authorities and petitioners respond to this fact. The contracting authorities tend to cancel the procurement or make a deal even during the proceeding, on the other hand some the petitioners submit frivolous proposals. In addition the fines imposed by the Office are rather on lower boundary.
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A comparison of current and deposit account contract
Škrobánek, Petr ; Liška, Petr (advisor) ; Elek, Štefan (referee)
Resume: A comparison of current and deposit account contract The original purpose of the diploma thesis " A comparison of current and deposit account contract" had been to describe and analyse the existing legislation of the Current Account Contract and the Deposit Account Contract regulated by Act No. 513/1991 Coll., the Commercial Code, as amended by subsequent legislation, further to compare them and to draw the appropriate legal conclusions out of this comparison. With respect to the development of legal control, in particular due to passing the Act No. 284/2009 Coll., on payment system, as amended by subsequent legislation, and the Act No. 89/2012 Coll., the Civil Code, it was necessary to modify the meaning of this thesis in the way to reflect new statutory regulation resulting out of the above, while respecting existing regulations. The aim of the thesis thus became a description, analysis and comparison of the Current Account and Deposit Account Contract and a description and analysis of the Contract for Payment Services, all of above covered by the description and subsequent comparison with the Account Contract. The thesis is conceived primarily to comparison of the above-mentioned statutory regulations with the fact that some of the more significant and at the same time problematic legal issues...
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The protection of a client in financial services
Blumental, Eva ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
1 Title: Client Protection in Financial Services Key words: client, consumer, financial service, deposit, credit Abstract The present diploma thesis focuses on the client protection in financial services. It introduces relevant legislature and provides a reader with the analysis of the level of legal protection. Introduction part explains my motivation for the choice of the topic, mostly influenced by current debate over certain forms of financial services. It also presents a processing method of the thesis and kinds of resources used. The first chapter of the thesis is dedicated to an elaborate definition of the analysed key terms - the client and the financial services. In the contewxt of this work is client understood as a consumer. First part provides the reader with comparison of legal definitions of consumer presented in various legislation. A broad term of finacial services is hereby narrowed to accepting deposits and providing credit loans. The second chapter consists of analysis of legislation which regulates client protection in this field. Substantial part is provided for the proper decription of the EU legislature. Last part of the chapter sketches a short summary of changes brought by the new legislation in the field of private law, that comes into force in January 2014. Chapter Three concernes...
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Banking transactions and their legal regulation
Nevrlý, Lukáš ; Kotáb, Petr (advisor) ; Dřevínek, Karel (referee)
/ Banking transactions and their legal regulation The aim of my diploma thesis is to analyse banking transactions and to inform about their substential elements, legislation in the Czech legal order and business conditions used by banks. I did not explain all the kinds of banking transactions conducted by banks in this diploma thesis due to their extensive range, but I just focused on the most important transactions in my point of view. The thesis is composed of four chapters, each of them dealing with different aspects of banking operations. Chapter One is introductory and defines basic facts about banks and legal conditions of their running activities. The chapter consists of three parts. Part One focuses on concept of banking transactions. Part Two investigates divisions of banking transactions and Part Three addresses the issues of bank as an entrepreneur. It also describes relevant legal regime necessary to obey to perform banking transactions and question of acquiring banking licence. Chapter Two is subdivided into two parts and provides explanation of active banking transactions. Part One illustrates single credits, which are subdivided into five parts focused on credit bureaus, residential and commercial mortgages, consumer credits, current account credits and discount credits. Part Two...
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Transfer of ownership right to land
Němečková, Petra ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
1 Abstract Transfers of land ownership This thesis provides a clear and comprehensive explanation on the transfer of land ownership and institutions associated with this issue. Land from other things in the legal sense is so different that it raises the need to create specific legal regulations, which contain the basic institutions and principles of land law. The special nature of the land is determined by its specific characteristics that distinguish it from all other things. Although it has a long tradition of land ownership, it has still not developed it's uniform and comprehensive legislation. General law for the transfer of land ownership is a civil code. Special regulations are cadastral law and the law on registration of ownership and other rights in real estate, the law on transfers of agricultural and forest land, Land Act and others. Due to the adoption of a new civil code, there are some places to identify and compare to the current legal system, and possible adjustment for the future. The thesis is divided into four parts. The first part contains general characteristics of land ownership, and describes its object, subject, content, institutions and basic concepts that are associated. The second part deals with various ways of transfer of title to land. The basic meaning of transfer is when the...
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Banking transactions and their legal regulation
Sivý, Milan ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
English summary Banking The main objective of my thesis is to survey characteristics of legal and economic status of banks in the Czech Republic and legal relations resulting from interactions between commercial banks and their clients within the term banking. This thesis is composed of four chapters. The first chapter concerns legal and economic status of banks in the Czech Republic, structure and system of banking, banking franchise and bank management. The second chapter is related to characteristics and systematization of bank products, business secrets, prices of bank products, banking risks and supervision over banking transactions. The third chapter of my thesis touches upon the first main category of banking, which is deposit banking. The relation between the bank and its client is that of the debtor and the creditor. In the chapter I discuss the possibilities of a bank to acquire money from a client. Firstly the bank can save money on current accounts or saving accounts. Secondly issuing bank securities is another possibility for a bank to acquire money from its clients. Bank bonds or deposit bills of exchange are cases in point. In the last chapter I focused on the second main category of banking, bank credit products. Clients obtain credits from banks and as a result the bank is in the position...
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Banking transactions
Kolařík, Jakub ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
Englishsummary Banking The main goal of my thesis,,Banking"is to explain the meaningof this word and how are the legal relations,which resultsfrom interactionsbetweencommercial banksandclientswithin thetermbanking,regulatedin the Czechlegalorder. However,I didn't dealwith all the kinds of bankingin the thesis,but I focused on the two main categoriesof banking,which aregenerallyusedby ordinarypeoplethe most.Thesetwo categoriesarethedepositbankingandthe creditbanking. This thesisis divided into five chapters.The first chapteris relatedto the term bank andits legal definition,becausebanksareusuallytypical andthe main subjectsof bankinglegalrelations. The second chapter concernsa definition of banking, explains this term and severalpossibilitieshow to divide banking into severalcategoriesdependingon the different aspectsareincluded there. In the third chapterof my thesis,I focusedon the first main categoryof banking, which is depositbanking.The bank is in the role of the debtorin relationto its client. The first option,how bankscan acquiremoneyfrom the clients,is the form of savings on currentaccountsor savingaccounts.The secondpossibility for the bank is to issue bank securities.The examplesof the bank securitiesarebank bondsor depositbill of exchange. The fourth chapteris focusedon the secondmain categoryof...
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