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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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Emergency rulings in civil procedure
Rambousková, Zuzana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Emergency ruling is an often used institute in czech law, which can provide a noticeable protection for who is claiming of his issue. The purpose of emergency ruling is to settle temporarily legal relations or to ensure an enforecement of decisions, if later enforcement of decisions would be undermined. It is a security institute that does not definitely settle right and duties of the parties of an action, determination of rights and obligations is going to be settled only in meritorious proceedings. Emergency rulings are used in such situations that require a prompt and effective solution, whatever area of life it is. Characteristic feature of emergency rulings is an urgency and immediacy, with which court have to decide on proposals. Only in this manner it is possible to protect one's rights effectively. The fact, that the court must decide on quite quickly brings also the risk of incorrect desicions, so it happens to form a damage occasionally. The thesis is composed of three chapters. The first one explains what is nature and purpose of emergency rulings, it's function and also enumerates types of emergency rulings. The second chapter is dealing with general legislation of emergency rulings, as it is set in Civil code procedure. The third chapter is divided into two subchapters, while the first...
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Interim Measures regarding Unfair Competition
Duba, Jiří ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
This thesis is concerned with Interim Measures regarding Unfair Competition and is divided into two main areas describing relevant legislation. The first area is conceived as an assessment of procedural law mainly included in Act no. 99/1963 Coll., Civil Procedure Act, as amended (hereinafter referred to as "Civil Procedure Act"), whereas the second area is conceived as an assessment of substantive law represented by Act no. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), which contains provisions of unfair competition. At the beginning, the general conditions of proceedings are described. The general conditions consist of frequently discussed terms lis pendens and res iudicata. This is followed by specific conditions applicable to interim measures represented among others by the duty of depositing a security which is imposed on petitioners. The following part, which is significant for the scope of this work, places an emphasis on the most important institutes of interim measures. It elaborates on the term to "prove" and "evince" certain facts as an assumption for interim measure issuance, on wording of a claim statement as well as on the material legitimization in the matters of unfair competition. Likewise, types of court decisions, the cancellation and termination of interim...
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Preliminary ruling
Tokarský, Vít ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
93 Abstract Preliminary injunction is one of the most important means of protecting the rights of the participants of civil proceedings. The proceedings on the preliminary injunction is easier and faster than the proceedings on the merits, which allows the courts to act without undue delays and to effectively secure either the legal relations of the parties or the risk of loss. The consequence of these facts, however, is a restriction on the application of certain principles of civil procedure, and therefore also of the rights of the parties, especially the defendant. The question is whether this restriction is not unreasonably high and thus whether the current legal regulations meet requirements that are placed on it. The aim of this thesis is to provide a critical look at the regulation of preliminary injunctions, especially on its possibilities and limits, regarding the doctrinal and judicial conclusions. The first part of this thesis deals with the regulation of preliminary injunctions in general. Preliminary injunctions are there defined in terms of their meaning and the purpose, then the author briefly describes the basic principles, the taxonomy and the history of the regulation. The second and the third part focus on the material and formal conditions of the preliminary injunction. In addition to...
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Flexicurity model and its implementation in the European labor markets
Bielawski, Jakub ; Kuchař, Pavel (advisor) ; Tuček, Milan (referee)
This diploma thesis considers a model of flexicurity, which currently represents a key strategy of European employment policy. "The Danish miracle", as it is sometimes called, combines two at first sight contradictory trends - the high flexibility of the labor market and adequate security for workers. However, application of the model to the European labor markets seems to be problematic for several reasons. Several potential barriers to the effective implementation of flexicurity are being discussed in the paper. The most serious seems to be the insufficient and ambiguous definition of the model. This means that different actors understand the nature of the model differently and accept it with different expectations. Flexicurity also ignores the heterogeneity of each labor market. The argument that flexicurity represents a win-win situation for all citizens seems untrustworthy and unrealistic. The paper further argues that the model is connected with the place of origin because of the importance of informal institutions such as advanced social dialogue and public-spiritedness. Finally, it is necessary to take into consideration the enormous financial demands of the model due to the emphasis on a generous social system.
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Flexicurity on the Czech Labour Market: An Application in European Context
Matoušek, Jindřich ; Mysíková, Martina (advisor) ; Šolc, Jan (referee)
UNIVERZITA KARLOVA V PRAZE FAKULTA SOCIÁLNÍCH VĚD Institut ekonomických studií Jindřich Matoušek Flexicurity on the Czech Labour Market: An Application in European Context Abstract of Bachelor Thesis Praha 2011 Abstract During the course of my bachelor thesis, I deal with a concept of flexicurity in the Czech Republic. The concept merges two apparently opposite components of labour market, i.e. flexibility and security. Furthermore, this approach has been spontaneously developed in Denmark and the Netherlands and became an inherent part of socio-legal labour market policies promoted by European Union at the beginning of the twentieth century. First part of this paper reviews a situation of both components of flexicurity in the Czech Republic at the time when this thesis is formed. It describes the evolution of unemployment as well as the degree of flexibility and security on the Czech labour market and compares them with current situation in the rest of European states. Second part analyses flexible forms of employment in the Czech Republic, such as part-time jobs and its microeconomic implications. In the final section, I focus on the evaluation of elements which affected the unemployment rate in the Czech Republic from 1993 to 2008. Title: Flexicurity on the Czech Labour Market: An Application in European...
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The Use of the Allowance for Care by the Elderly in 2010-2011
VÍTOVÁ, Jaroslava
This thesis deals with the issue of assessing seniors' needs in relation to the urgency of their admission into a residential care facility. Act No. 108/2006 on social services has significantly changed the way people can obtain necessary assistance. Now it is possible to purchase social services thanks to a social welfare benefit in form of an attendance allowance. There was an assumption that if there is a development in field social work, seniors will remain in their natural environment and therefore the interest in residential care facilities for older people will lower. However, this assumption was not met. The number of senior citizens interested in retirement homes greatly exceeds the capacity of individual facilities. When we assess the needs of seniors related to admission to a residential facility, such need is perceived as an insufficiency. If we get rid of this need or provide support to satisfy it, we achieve safety and security. The extent of such support can vary. The level of help people need determines the amount they receive as an attendance allowance, but it is not the only criterion for preferential admission into a retirement home. Seniors' difficult life situation does not have to be directly related to the level of help they need. If seniors get a lot of points during assessment of their degree of autonomy, self-sufficiency and objective conditions, it does not necessarily imply that they need to be urgently admitted into a residential care facility. This assessment is carried out according to methodological documents devised by the retirement home. The thesis uses a qualitative research strategy; that is, content analysis, case study and qualitative evaluation. Residential care facilities came up with requirements for objective assessment and selection of seniors to be admitted in order to reduce the number of applicants - from several hundred to a group that needs to be admitted urgently. These requirements led to a preparation of methodological materials that describe the whole standard procedure of interaction with people interested in the residential social service. Next, a method of point score system to select the candidates was also established. One of the aims of this thesis was to carry out a qualitative evaluation of methodological documents of a specific residential care facility for older people. Next goal was to assess the seniors' needs before they are admitted to residential care. A content analysis of social investigation records was also conducted. The results showed that the most important needs of seniors are safety and security. Older people submit applications for retirement homes, although they actually do not want to use this service. It is a manifestation of their fear of the future and it has a significant impact on the number of registered applications. On one hand, it is important to regard people as fully-fledged, independent, free and responsible beings at any age. But on the other hand, it is also vital to be aware of various limits and restrictions arising from natural ageing. We usually encounter two extreme opposites when we communicate with older people. Seniors usually overestimate or significantly underestimate themselves in the area of autonomy and self-sufficiency. If these areas were only self-evaluated and objective reality (or senior's surroundings) was not taken into account, the assessment result would be significantly distorted. Quality of needs' assessment and level of social investigation directly depend on the knowledge, skills and abilities of social workers; one of their most important skills is the ability to reflect.
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Offer of the Construction Company to Public Tender
Šrotová, Zuzana ; Šafránková, Lucie (referee) ; Waldhans, Miloš (advisor)
The aim of my thesis is to describe the process of obtaining public contracts according to the supplier. Therefore, the whole work is in its beginning outlined to explain in a theoretical part all the important concepts, context and procedures that will be used in a practical part. The practical part is focused on the course of obtaining a contract in the from of tender
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Bank guarantees of contractor of construction order
Šoula, Michal ; Comorek,, Martin (referee) ; Marková, Leonora (advisor)
The thesis deals with the topic of bank guarantees in the construction industry focusing on the contractor of the construction commission. The aim of this paper is the definition of bank guarantees in legal and economic terms, and on the basis of available literature, and also a proposal for the application of a bank guarantee in construction contracts. This thesis includes an overview of the products offered by national bank institutions in the field of bank guarantees and their comparison. The thesis contains an overview and description of bank guarantees used in the construction industry. The thesis focuses on a bank guarantee for the proper execution of the work (for the correct execution of the contract for work). There is described the progress of the guarantee from the contract for work until the warranty exercise and any dispute over the amount paid under the guarantee. Further, the paper deals with the use of bank guarantees in practice from the point of view of construction companies, focusing on the guarantee for the proper execution of the work. The thesis also describes solutions in the field of bank guarantees of construction companies, ways of surety, credit limits and bank charges for bank guarantees. In conclusion, there are described terms of the bank guarantee in the contract for work for the specific construction contracts and a method of preparation of the bid price for the contract with regard to where the cost appears applying the bank guarantee at the contractor's bid price. The contribution of this thesis is a comprehensive overview of bank guarantees in the construction industry and their application intended for a contractor of the construction commission.
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Announcement of the Public Tender
Štika, Adam ; Kadrnka, Jiří (referee) ; Waldhans, Miloš (advisor)
The theme of my bachelor work is write public commercial competition. The first point is short description of important characteristics of public commercial competition. Next point is presented concrete concept of commercial contract. For making up a procces and conclusion a process was chosen reconstruction a part of public administrative building. The last point is comparing law in past term and present..
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