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Partnership
Zach, Tomáš ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Partnership The purpose of this rigorosum thesis is to offer a comprehensive view of partnership as a purely contractual arrangement which allow its members to cooperate in order to advance their mutual interests. Partnership is thus analyzed not only as a concept regulated by positive law but also from the historical and theoretical point of view. The thesis is composed of an introduction, three main chapters and a conclusion. The first chapter outlines the historical foundations of partnership. From the community of brothers running the family estate after the death of their father (consortium) partnership evolved into a consensual contract of the classical Roman law which was used mainly for commercial purposes (societas quaestus). In the middle ages, partnership was further developed into compagnia, which substantially enhanced the maritime business operations in Italian city states. In the 19th century, Roman-law partnership was "re-invented" by large codifications of private law, of which the most important in the Czech lands was the General Civil Code from 1811. Finally, this chapter analyzes in detail the troubled history of partnership under the communist regime and its rise after the socio-economic conditions changed in 1989. The second chapter deals with the theoretical aspects of...
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Crime and Punishment in the Eyes of Cesare Beccaria: An Analysis of an Enlightenment Penal Law Reform
Bojar, Tomáš ; Sokol, Jan (advisor) ; Wintr, Jan (referee) ; Tinková, Daniela (referee)
Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...
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Corporate identity of a new gentleman's fencing club Tailor's Fencing Club
Krejčík, Jan ; Voráček, Josef (advisor) ; Štědroň, Bohumír (referee)
Title: Corporate identity of a new gentleman's fencing club Tailor's Fencing Club Goals: The goal of this thesis is to create a complete corporate identity of a new fencing club in the form of a business company. The outcome of this thesis will be used for the project of founding a new gentleman fencing club. Methods: For the solution of the thesis I used the method of document analysis, the method of a group discussion with the future realization team of the project, the method of informal interviews with the future co-owner of the club and a marketing and PR expert and the method of observation in several chosen business and sport clubs. Results: The outcome of this thesis is the creation of a complete corporate identity of a new club, including graphic designs of various chapters referring to the corporate identity, such as choosing the right name of the club together with the organization's philosophy, the creation of the logo, corporate colors, printed materials, merchandising, the interior of the club, the uniforms of the employees and the sports equipment, the design of the company's website, followed by the corporate communication and the product of the company. A next result is the formulation of the social contract of the organization. Key words: company identity, epee fencing, design...
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Side agreements between members of limited companies
Gerych, Jan ; Štenglová, Ivanka (advisor) ; Černá, Stanislava (referee)
The thesis analyses shareholders' agreements in limited liability and joint stock companies. In a broader sense, both the agreements concluded by shareholders outside the articles of association or bylaws and the provisions of the constitutional documents which are not attached to shares but only bind the individual shareholders can be classified as shareholders' agreements. The thesis consists of a general and a special part. The objective of the general part is to describe the legal nature, effects, usual content and practical use of shareholders' agreements. Particularly, I intend to detail the main legal issues surrounding shareholders' agreements included in the constitutional documents and to suggest the methods of coping with these problems in the legal practice. Further, I will describe the corporate advantages of the shareholders' agreements as separate legal documents as well as their limits. The objective of the specific part of this thesis is to characterize the selected types of shareholders' agreements in terms of their practical use and legal regulation. I put special emphasis on different kinds of shareholders' voting agreements.
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Social contract as a rational choice
Froněk, Martin ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
Social contract as a rational choice The thesis is intended to be an introduction into contemporary social contract theories which are elaborated within the methodological framework of the rational choice theory. John Rawls' book A Theory of Justice is a seminal work in this field. The thesis, however, does focus not only on the approach adopted by Rawls, but on the theories of other authors as well - that of J. Buchanan, D. Gauthier, T. Scanlon and R. Nozick. These remain quite unknown in the Czech context. The structure of the thesis should allow for a comparison between the respective theories as the author starts with the object of the social contract, proceeds to the parties to the contract and, finally, to its content. Special attention is devoted to the game theory which models some of the typical interpersonal interactions and, using its theoretical apparatus, can illustrate problems of social cooperation - the key theme of virtually all social contract theories. Following Schelling's theory of focal points an expressive theory of law is discussed. In the next part of the thesis the author illustrates mechanisms of maintaining of social order with the help of latest empirical studies. Eventually, the author tries to outline the way analytic philosophy views the social contract as a system...
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Formation, Incorporation and Invalidity of the Business Company
Bažant, David ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
The topic of the thesis "Formation, Incorporation and Invalidity of the Business Company" has been chosen by the author due to its permanent topicality. The goal is to analyse process of formation and incorporation of business companies according to the Czech legislation. The incorporation of new juridical person consists of two-stage process of establishment. This thesis is primarily based on the analysis of definitions of laws, expert publications and on examples of judicial decisions. It shows risk of insufficient or incorrect formulation in the Articles of Association. With the detection of serious drawbacks in founding legal action, the existing company is threatened with resolution of its invalidity. The thesis is divided into seven parts including introduction and conclusion. The second chapter, most comprehensive, deals with the essentials of form and content of Articles of Association. The part dealing with content essentials is furthermore divided into five subchapters depending on figures, which the Articles of Association must contain so that a company can be properly incorporated. The third chapter describes a process how to get an entrepreneurship authorization aimed on Trade Certificate. The fourth chapter analyses the form of power of attorney, which is required when an associate is...
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Education in J. J. Rouseau's Work
Srncová, Kateřina ; Pelcová, Naděžda (advisor) ; Rybák, David (referee)
Bachelor thesys called "Education in J. J. Rousseau's Work" will consider with capturing innovative education principles in 18. century, mainly in work "Emil" and in autobiography "Vyznání". Basic principles of Rousseau's phylosophy and education attitude will be worked out in more detail within chapters of this thesys. After defining basic education principles by Jean-Jacques Rousseau I will in last chapter focus on comparison with education attitude of M. Montessori. Keywords: education, nature, naturalness, freedom, child, educator, society, social agreement, state, ideal
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The Comparison of Concept of Democracy in the Work of Jean Jacques Rousseau and Hans Kelsen
Habrová, Klára ; Šimsa, Martin (advisor) ; Franěk, Jakub (referee)
The main goal of this paper is to compare Hanse Kelsen and Jean-Jacques Rousseau's concepts of democracy and to establish common features in their works. Attention is also drawn to the connection between Jean-Jacques Rousseau and Kelsen's writings. In order to determine this connection, the author of this paper examined fthe ollowing works of the above mentioned Of The Social Contract, Or Principles of Political Right and Discourse on the Origin and Basis of Inequality Among Men by Jean-Jacques Rousseau and O podstatě a hodnotě demokracie by Hanse Kelsen. Afterwards, the author's aim was to take a critical look at the two writer's works. She based her critical examination of Jean-Jacque Russeau on the writings of Božena Komárková, Jürgen Habermas and Charles Taylor and drew from Carl Schmitt's work to analyse Hanse Kelsen. To be able to critically appraise these authors as well, it was necessary to study other areas than democracy. For example, the author studied the topic of human rights as seen by Božena Komárková. The main part of this paper primarily deals with different concepts of democracy as the above mentioned authors have described. Individual works are examined in detail and the author tries to find common features in the concept of democracy as seen by Kelsen and Rousseau. Finally, the...
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