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Liability for defects of work
Doležal, Tomáš ; Plíva, Stanislav (advisor) ; Štenglová, Ivanka (referee)
1 Abstract The presented thesis deals with liability for defects in work in business obligations. It analyzes the effective legislation which is primarily contained in the Commercial Code and points out some problems arising from the interpretation of the law. It further summarizes the numerous and relatively constant judicature of the Supreme Court of the Czech Republic and legal opinions of several commercional lawyers. The author of the thesis tries to assess the conclusions of the judicature and legal doctrine. In some cases, he presents his own suggestions to solve the shortcomings of the current legislation. These proposals are based on his own legal reasoning. During the creation of the Commercial Code, the legislature had been inspired by the Economic Code and the International Trade Code, the immediate predecessors of the Commercial Code, and by United Nations Convention on Contracts for the International Sale of Goods. For this reason the legislation contained in these sources of law is mentioned particularly when the legislation departs from the current legislation of the Commercial Code. The future development of the legislation is also presumed. The thesis deals with the draft of the new Civil Code and focuses on the draft's solutions of several selected issues (issue of performance of...
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Protection of goods in logistics
Mizuňová, Michaela ; Cimler, Petr (advisor) ; Hommerová, Dita (referee)
This diploma thesis deals with the analysis of external risk factors consequences on goods regard to its characteristics, length and complexity of transport chains in national and international transport. This thesis looks at the methods of protection of goods together with process of loading, reloading, unloading, packaging, labelling, stowing and securing of goods for transportation, storage and handling. In the end it deals with the logistics chain of chocolate and its raw materials pointing at stress risks and its protection. The first chapter describes the significance of international transport and it defines goods characteristics, external risk factors and transport chains. The second chapter deals with technologies in logistics. The third and fourth chapter study packaging and system of protection. The fifth chapter contains information about cargo stowing and securing in means of transport. The last chapter deals with logistics chain of chocolate and its raw materials, starting with growing cocoa beans in Africa and ending in Czech retail store.
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The effectiveness of court jurisdiction agreements within the regime of the Brussels I. Regulation with respect to decision-making of the European Court of Justice
Vydrová, Jana ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
The purpose of this thesis is to analyze the extent of how have recent decisions of ECJ in cases Gasser, Turner and Owusu compromised the efficiency of jurisdiction agreements under Brussels I. Regulation. The main and most important aim of European Union, as a political and economic union, is facilitation of trade among Member States. Commercial transactions, especially in international framework are heavily regulated by contracts, wherein parties tend to regulate all potential issues in order to prevent applications of national laws. Therefore in international trade, the importance of party autonomy is even more significant than, in any other branch of contractual relations. One specific expression of party autonomy is incorporation of jurisdiction agreements into contracts, whereby parties determine which national court will have jurisdiction in the case of potential dispute. These so-called prorogation agreements are at the European level, regulated by Brussels I Regulation. However the ECJ has in several recent cases prioritized other principles, such as mutual trust and avoidance of irreconcilable judgements to the prejudice of party autonomy, which has together with very literal approach in construction lead to uncertainty in efficiency of application of jurisdiction agreements. This thesis...
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The issue of pre-contractual liability in relation to the practice of negotiating and concluding commercial contracts under national law and case-law of selected EU countries
Krupka, Jiří ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The thesis deals with questions of pre-contractual liability which is seen as a very specific institute whose conception is diverse in different EU countries and also outside. The main research question is a difference between pre-contractual liability perception in the different countries and its full description in relation to the negotiations of business contracts with an emphasis on Czech law. In the first part, the author analyses historical background of pre-contractual liability in relation to Roman law and German-Austrian legal systems in which the professor Jhering developed that construction of culpa in contrahendo. In the following chapters, the author deals with the description and nature of pre-contractual liability, particularly in questions of whether they are contractual or delictual liability and enter into details the basic facts, example and extent of damages with respect to the European concept of pre-contractual liability. He concludes that the pre-contractual liability is in the European concept as delictual liability, with regard to the decision of European Court of Justice. The author simultaneously mentions that although similar facts in the legal systems, the extent of damages is very different when there is a clear dichotomy between positive and negative interesse. The...
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International and national aspects of double taxation
Rogová, Tereza ; Novotný, Petr (advisor) ; Vondráčková, Pavlína (referee)
This master's thesis aims to describe legislation of international and national double taxation. Furthermore, this paper deals with the term tax and puts down following questions: what does a tax represent; what is the subject of a tax; who is a resident and who is a non-resident. At the same time the master's thesis focuses on the history of international double taxation, consequences of double taxation and last but not least on the tax avoidance. The master's thesis is comprised of three chapters that are divided into more detailed subchapters. The first chapter deals with a tax as such in the Czech legal system and primarily deals with a tax as the most important source of financing of state budgets because the whole public sector is funded by taxes. Furthermore, it introduces to the issue of double taxation as a negative economic phenomenon for taxpayers and to the methods of the state intervention into a removal of double taxation whether national or international. In general the methods of prevention of double taxation are analyzed. The second chapter describes international treaties about prevention of double taxation. Nowadays taxpayers have a certainty due the international treaties about prevention of double taxation because they have a possibility to get to know the legal regime that will...
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Mediation as an Alternative Dispute Resolution
Joklíková, Kateřina ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The submitted thesis deals with Alternative Dispute Resolution (ADR), particularly mediation activities. The aim of this thesis is to introduce mediation as an alternative method of conflict resolution, that is still relatively neglected in the Czech Republic, through a summary of theoretical knowledge in terms of its practical operation. Particular attention is paid to the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new Mediation Act. The work is divided into five chapters. The first chapter defines the general concept of ADR and outlines the different types of ADR. The next part of the thesis presents in detail the mediation, a mediator and requirements for the performance of this function. There is also clearly described the course of mediation process. The third chapter deals with the regulation of mediation in the EU, which is the starting point for each national system. The fourth chapter is devoted to the regulation of mediation in the Czech Republic. It describes the situation that prevailed during the period without comprehensive regulation of mediation in civil matters, the legislative process of preparation and adoption of the Mediation Act, newly enshrined institutes and there is also a definition of the obstacles that could hinder penetration of mediation into wider practice. Finally, there is a comparison of the situation in the Czech Republic with the application of mediation activities in the USA and in some EU countries.
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The role of the European Union in preserving international peace and security
Pikna, Stanislav ; Ondřej, Jan (advisor) ; Hýbnerová, Stanislava (referee)
The aim of this thesis was to analyze the role of the European Union in maintaining international peace and security. The 1990s proved to be a decade of uncertainty and ambiguity in which both the UN, NATO, the WEU and the EU struggled to re-define themselves in relation to the radically altered security environment of the post-Cold War era. After the collapse of bipolar world, there are favorable conditions for more effective work of the United Nations Security Council as well as for greater role of international organizations to share responsibility for maintaining international peace and security. The lack of military instruments to support the policy aims of the Union contributed to pressure for the development of an EU defence dimension. The experience with crisis in Kosovo has led to significant developments since the late 1990s. The EU has acquired unprecedented military capability, a security strategy to inform its use and since 2003 it has engaged in several deployments of forces under the European Security and Defence Policy. Nowadays, the Lisbon treaty seems to be another milestone in the process of framing the EU as a military actor. The thesis is composed of four chapters, each of them dealing with different aspects of issue relating to international peace and security. Chapter one is...
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Economic Consequences of Mandatory Energy Performance Certificate Processing for Public Sector
Tintěra, Tomáš ; Loužek, Marek (advisor) ; Maule, Petr (referee)
Bachelor thesis deals with the impact assessment of introduction of the requirement for processing energy performance certificate (PENB) for buildings in possession of public sector. It inspects in detail Czech as well as European legislative connected with energy efficiency, and it examines the differences in approaches to its implementation between EU member states, and its consequences. Moreover, thesis inspects the impact assessment process of EU legislation. Main part of thesis consists of an evaluation of approach of Czech public sector to fulfilling given obligations. From inspection of sample of municipalities, it shows that the targets set by legislative are not being met. At last, thesis analyzes data on public contracts which indicate that there is no such methodology which would inform the state itself about the real energy performance certification impacts on national economy.
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Tax aspects of the distribution of profit
Ivanova, Elena ; Vítek, Leoš (advisor) ; Moravcová, Jana (referee)
The thesis focuses on the the distribution of profit from a tax perspective. The aim of the thesis is to determine how different tax conditions of distributed profit affect the taxpayer's tax burden. For the purpose of achieving the aim of this thesis the comparison of selected test cases of the distribution of profit was made. The thesis analyse the law conditions for distribution of profit in the legal system of the Czech Republic and the rules for the assessment of this area in the international context. The thesis is devoted to methods of avoiding double taxation at the national level and the international level.
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The Rome Convention and Rome I Regulation on the law applicable to contractual obligations
Šarochová, Lucie ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Rome Convention and Rome I Regulation on the law applicable to contractual obligations From 17 December 2009 the courts of all EU Member States other than Denmark are obliged to determine the applicable law for contracts with an international element entered into on or after this date on the basis of a Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the Regulation). The Regulation applies to most commercial and civil law contracts. These rules are not a radical departure from the rules previously applicable in the Czech Republic, i.e. the Rome Convention on the law applicable to contractual obligations from 1980 (the Convention). The Convention was published in the Collection of the International Treaties as notification No 64/2006 Coll. and it applies to contracts concluded after 1 July 2006. Where neither the Convention nor the Regulation applies, the Czech courts will generally look to the relevant national law, Act No 97/1963 Coll. on Private International and Procedural Law as amended. The purpose of this thesis was to provide an overview of some of the most important provisions of the Regulation in comparison to the Convention, to highlight the areas of change in this new instrument. The first part of the...
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