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The scope of liability to damages under the Commercial Code
Pelánková, Iveta ; Plíva, Stanislav (advisor) ; Horáček, Vít (referee)
- 105 - Extent of duty of damages according to the Commercial Code - Summary The purpose of my thesis is to analyse the question whether or not it is possible to waive a claim of damages according to the Commercial Code. It is a controversial topic because one part of legal theory (strict interpretation) adjudicates an opinion that it is in compliance with the law and other part (liberal interpretation) says that it is not. I introduces various opinions in my thesis and I explains why I think that such the opinion is (or is not) wise and useful in practise. I personally adjudicates the opinion that it is in compliance with the Commercial Code to waive a claim of damages by the way of mutual agreement with respect to the subject-matter of fulfilment. The thesis is composed of seven chapters, each of them is dealing with different aspects of the abovementioned question. Chapter One is introductory and defines the thesis matter as a topical problem. The chapter is subdivided into two parts. Part One describes my aims which I would like to reach in the thesis and it explains two basic views of the possibility to change the extent of duty of damages. Part Two deals with partial issues subsequently discussed in the thesis. Chapter Two examines relevant Czech legislation which is generally refered to a right of...
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The comparison of legal provisions setting down monetary remedies in intellectual property infringement cases
Sedláček, Václav ; Boháček, Martin (advisor) ; Macek, Jiří (referee)
The thesis deals with monetary remedies in intellectual property infringement suits, focusing on industrial property rights. On the background of enacting of the czech Act number 221/2006 Sb. which implements the directive 2004/48/EC of the European parliament and of the Council, the thesis compares these two texts with each other and also with the proposal for the directive KOM(2003) 46 final in their relevant parts. By doing this, it evaluates the directive and the czech act as the directive's implementation. This evaluation represents the secondary aims of the thesis. Comparison, analysis of factual articles and interviews with relevant experts practicising in the area show that by setting the damages as double the "customary" royalties, the czech Act in his § 5 ods. 2 represents a sanction, which confirms the hypothesis of the prevailance of an analogy between the czech provison and the punitive damages in american law. This fact creates scope for the hypothesis of existance of further analogies, the verification of which is the central aim of the thesis. Therefore, the second part of the thesis analyzes american provisions of the United States Code concerning copyright, trademark and patent law, and related caselaw. This is compared both to the directive and the proposal for it, moreover to the czech copyright Act number 121/2000 Sb. and in particular to the czech Act number 221/2006 Sb. The third part supplements the analysis of relevant czech court decisions. The second and third part identify similar and distinct elements of the provisions and reveal analogies in seemingly different institutes. Differences are spotted in the construct used to achieve the punitive function, furthermore between the terms "customary royalty" and "reasonable royalty" and also between the terms "bezdôvodné obohatenie", "infringer's profits" and "unjust enrichment". Conversely, an analogy is identified between the discretionary power of american courts to increase proven damages or determine statutory damages and the czech institute of "primerané zadosťučinenie" (appropriate satisfaction). The prevailance of prohibition of double recovery is another existing analogy between the american and czech law.
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Loopholes in statute and contract law
Voda, Jiří ; Gerloch, Aleš (advisor) ; Kysela, Jan (referee)
56 poukazovat na zanedbání péče ze strany ošetřujícího lékaře, tedy na postup non lege artis216 . V krajním případě by byl lékař vystaven i riziku trestního stíhání217 případně občanskoprávní žalobě na náhradu škody. V případě soudního řešení celé věci bude na zdravotnickém zařízení, aby prokázalo existenci informovaného nesouhlasu. Z tohoto pohledu se jeví jako klíčové, zda byla řádně vedena zdravotnická dokumentace a bude dostupný písemný (byť jak naznačeno výše i třeba nepodepsaný) negativní revers. Pokud bude písemné zachycení reversu nedostupné (např. proto, že se dokument ztratil), lze jej stále prokázat svědecky, nicméně důkazní pozice zdravotnického zařízení tím bude zcela jistě oslabena. Za nesouhlas pacienta s navrhovanou zdravotní péčí se nepovažuje situace, kdy je lékařem doporučen určitý léčebný postup, ale zároveň jsou uvedeny určité reálné alternativy a pacient se rozhodne pro jinou možnost než tu, jež doporučil lékař. V takovém případě jde o pouhou svobodnou volbu mezi dostupnými možnostmi. Pro postavení lékaře by bylo v takové situaci vhodné, aby pacient podepsal informovaný souhlas, v němž by pacientova volba jiné než doporučované alternativy byla zanesena. 7 Závěr Cílem právní úpravy informovaného souhlasu se zákrokem je dosáhnout určitého stupně ochrany práv pacientů. Pozitivní právo...
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Laboratory exercises in NS3 enviroment for Advanced communication technology course
Vadkerti, Gabriel ; Mašek, Pavel (referee) ; Langhammer, Lukáš (advisor)
This master thesis deals with creating laboratory exercises for students in simulator NS-3, where the IPv4 and IPv6 protocols, unicast and multicast transmission types, quality of services in wireless networks, furthermore protocols TCP and UDP are analyzed. The first section describes the NS-3 network simulator, the Eclipse development environment and the method how to connect them. In the next section protocols IPv4 and IPv6 are presented, the structure of the headers and the technique of fragmentation are described in detail. Based on this a laboratory exercise is created which deals with comparison of protocols IPv4 and IPv6. In the next section the types of transmissions are described, furthermore the multicast transmission type is explained more in detail. In the next practical section the second laboratory exercise is created, which deals with comparison of unicast and multicast transmission types. The subject of the following section is ensuring quality of services in data networks, the EDCA access method is discussed more in detail. In the next section the EDCA access method is implemented in a simulation as a laboratory exercise, in which the impact of the access category of EDCA to different transmission parameters is investigated. The next section deals with protocols TCP and UDP, furthermore with the structure of their headers. In the last section a laboratory exercise is created, in which the properties of the protocols TCP and UDP are compared.
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Planning with the Public Involved
Jíša, Josef ; Sedláková, Jaroslava (advisor) ; Guthová, Zuzana (referee)
The task summarises general terms, describes bonuses and risks of planning with the public involved. It explains what community planning is. The task also describes the procedure of community planning formation process, the creation of a community plan and the realization of individual activities including their supervision. The practical part focuses on community planning in Borovany and describes the process of planning there, evaluates it and draws conclusions.
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ISBN system in the Czech Republic
Barták, Miloš ; Slámová, Hana (advisor) ; Buřilová, Marcela (referee)
This bachelor thesis is aimed to introduce several different aspects of the identifier ISBN, with emphasis on the Czech Republic. The work is divided into two parts - theoretical and analytical one. Introductory chapter defines the need of identification of information sources. It provides information about properties and division of identifier, too. Next part of the work is already focused on the identifier ISBN. It represents this identifier with regards to historical and organizational aspects. This part also analyzes the actual structure of the ISBN number. Furthermore, the bachelor thesis is devoted mainly to the usage of the ISBN identifier in the Czech Republic. It outlines the historical development and specific use in this country. The following part of work is strictly practical - attempts to analyze the usage of ISBN identifier in several information institutions. The final part of this bachelor thesis offers a summary of the main propositions and outlines possible future problems of the ISBN system.
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Legal Institution of Testament
Timková, Barbara ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis deals with the legal institution of testament. The purpose of the thesis is to characterize and analyse individual aspects of legal regulation contained in the Act No. 89/2012 Coll., Civil Code, and to think about changes and new institutions, that became part of legal regulation. The thesis is divided into an introductory chapter, eight chapters and a conclusion. The introductory chapter covers introduction to the matter and describes the purpose of the thesis. The first chapter deals with characteristics of individual legal titles of succession, such as inheritance contract, testament and intestate succession. The second chapter provides general characteristics of testament as a legal act. The purpose of the third chapter is to describe the conditions of testamentary capacity and its limits. The fourth chapter describes individual forms of testament, such as testament made by means of a private instrument, testament made by means of a public instrument and also concessions in the making of a testament. The fifth chapter focuses on clauses of lesser importance in a testament, such as selection of executor of last will or conditions, determinations of time and mandates. In the sixth chapter we can find deliberation on institutions of substitution of heirship and succession by...
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Outsourcing v rámci nákupu v spoločnosti Siemens
Hanusková, Martina ; Lukáš, Zdeněk (advisor) ; Cupák, Patrik (referee)
Práca v prvej časti rozoberá outsourcing všeobecne a z hľadiska outsourcovania podnikových činností. Druhá časť sa zameriava na spoločnosť Siemens a jej nákupné schopnosti a divízie zaberajúce sa nákupom. V tretej časti práce sa podrobne rozoberá postup nákupu implementovaný v spoločnosti Siemens, praktický význam strategického a operatívneho nákupu.
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The Indication of Earth Faults in Overhead Lines
Pospíšil, Zdeněk ; Topolánek, David (referee) ; Toman, Petr (advisor)
This master´s thesis deals with the indication and localization of earth faults in overhead lines. Earth fault is the most frequently occurring type of fault in medium voltage overhead lines – it covers approx. 95% of all faults and is very difficult to indicate and localize them correctly and in time with currently available methods on the market. Therefore is very important to study earth fault and its indication, localization. The thesis consists of a theoretical and a practical part. The theoretical part deals with faults in overhead networks with different type of neutral grounding, mainly with one phase to the ground fault in the compensated, ungrounded, solidly grounded and via resistance grounded networks. Most of the theoretical part is dedicated to one phase to the ground fault in the compensated and ungrounded networks, where this type fault is called the earth fault. In the compensated and ungrounded networks is described in details behavior – voltage and current relations during both steady state and transient state earth fault. The theoretical part is further dedicated to detection methods of earth faults and their preconditions for use. There is described also in details the complete procedure of earth fault detection, which includes indication, unhealthy feeder determination and exact position or line section localization. End of the theoretical part is then focused on determination of accuracy requirements for measurement of basic quantities and computation of other parameters. The practical part deals with a work at medium distribution network model, which includes familiarization with the model, detailed verification of its functionality and behavior during the earth fault, obtaining faults records and algorithmization of methods: method of qu – diagram and method of first half - period, which are able to detect unhealthy feeder. This part of the thesis was put together based on a demand of company Mega, corp., which wanted to verify function of both above mentioned and by them not yet tested methods.
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Of the Veselý Family Mill and Dynasty (in Tábor) in the 17th and 18th century (a contribution to The History of Czech Miller?s Trade)
PEKAŘOVÁ, Martina
The thesis being presented deals with the oldest history of the Veselý family mill which is situated on the river Lužnice in Tábor. It supplements the previously published studies on the mill history with new and more thorough pieces of knowledge about the mill life and the human fates of its owners since the beginning of the mill?s existence till the end of the 18th century. The thesis is divided into five chapters, it has a constituent of the literary works and sources used register and appendices. The initial part of the thesis provides us with an overview of the literature which is dedicated to the topic of mills and milling industry; it analyzes either archival or physical material sources which is the source of the thesis investigation. The first chapter is focused on the history of mills located in the immediate proximity of the town Tábor. The second chapter is dedicated to the Tábor millers? gild; it also describes the activities of the mill owners, the Veselý family, within the gild. The third chapter processes the oldest history of the mill, the fourth chapter deals with the mill development in the 17th century. The crucial part of the thesis is the last chapter which brings the history of the mill since the year of 1660 closer, since when it had been owned by the Veselý dynasty, till the year of 1800. It describes the family life of the millers, their social status in the town of Tábor, extension of their property and also various disputes and heritage issues. The result of the analysis is summarized in the conclusion.
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