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Change of legal position of parties to agreements on lease of non-residential premises in relation to Act No. 89/2012 Coll. becoming effective
Chalupová, Eliška ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
CHANGE OF LEGAL POSITION OF PARTIES TO AGREEMENTS ON LEASE OF NON-RESIDENTIAL PREMISES IN RELATION TO ACT NO. 89/2012 COLL. BECOMING EFFECTIVE Summary: The purpose of my thesis is to analyse the legal consequence of the Act. No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), coming into effectiveness in the Czech Republic on 1 January 2014, with regards to lease agreements on lease of non-residential premises (re-defined by the Civil Code as premises for business purposes). The reason for this analysis is the fact that, as a result of the Civil Code becoming effective, all the lease relationships, including lease relationships under lease agreement concluded prior to 1 January 2014 shall be governed by the Civil Code. Given that the introduction of the Civil Code represents full recodification of the civil law in the Czech Republic, the related changes concerning the lease agreements on lease of premises for business purposes are of significant character. Accordingly, the thesis is mainly addressed to the parties to the existing lease agreements on premises for business purposes concluded on 31 December 2013 or earlier, even though it may be found of use for other addressees as well. The first chapter is introductory as it outlines the new concept of obligations, subject of which is use of...
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Employee's liability for damage caused to the employer
Volková, Petra ; Štangová, Věra (referee) ; Brádlerová, Libuše (referee)
Employee's liability for damage caused to the employer Abstract My rigorosum thesis deals with the issue of "Employee's liability for damage caused to the employer". My main motivation to choose this topic is to the fact because it is connected with every individual of working age, exactlier said - with every employee. Legal regulation of employee's liability for damage caused to the employer undoubtedly belongs to the most important areas of labour law. The above mentioned issue is highly topical. The high topicality is presented by a high number of judicial decisions of courts of all instances. It is clear that not only in the judicial decisions of general courts but also in the judicial decisions of the Supreme Court of the Czech Republic dealing with the employee's liability for damage caused to the employer is increasing. In my rigorosum thesis I focus first and foremost on the analysis of legal regulation of employee's liability for damage caused to the employer as well as on the closest legal matter connected with the main issue of this rigorosum thesis. I also deal with the matter of application of the legal regulation in legal practice mostly based on judicial decisions of the general courts of all instances as well as judicial decisions of the Supreme Court of the Czech Republic. I analyse the...
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Comparison of regulation of property transfer tax and the tax on the acquisition of immovable property
Jirásek, Tomáš ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Comparison of regulation of property transfer tax and the tax on the acquisition of immovable property This diploma thesis is devoted to comparison of real estate transfer tax based in act n. 357/1992 Sb. and tax on the acquisition of immovable property based in statutory measure of Senate n. 340/2013 Sb. This legal act of Senate was enacted due to the recodification of private law in Czech republic in 2014. Thesis is based on comparation of particular tax elements and specific legal provisions. The aim is to identify the reasons for these changes, check the possibility of applying historical judgments on new regulation and consider the legislation in terms of de lege ferenda. The work contains only substantive part of legislation. The first chapter deals with general introduction to tax theory. It defines the term tax, its properties and tax elements. This chapter also displays tax system. The second chapter is devoted to a general description of both taxes and the fundamental reasons for adopting the new regulation. It also discusses new institutes of the new Civil Code, for which it was necessary to adopt new legislation. Speculates also about the form of a statutory measure of the Senate codification. The third chapter is dedicated to the comparison of the specific statutory provisions contained...
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Unjustified Enrichment in Business Law
Loukotová, Šárka ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
Unjustified Enrichment in Business Law Abstract The aim of my thesis is to analyse the concept of unjustified enrichment in connection with the commercial law. In fact this topic is usually described in the civil law studies and at the same time the unjustified enrichment is minor topic compared to the obligations arising from the contracts. This is the reason why I have chosen this issue describe and focus on the business aspects. The thesis is composed of seven chapters. Chapter one as an introduction defines basic legislation acts, which I am dealing with throughout the thesis and roughly describes there are changes in connection with the extensive recodification of the Czech private law. Chapter two is subdivided into two parts. Part one focuses on the origin of the unjustified enrichment in Ancient Rome as the base for the civil law. Part two provides an outline of past legislation within the territory of the Czech Republic until its establishment. Chapter three concentrates on the legislation effective until 31 December 2013. It illustrates the approach to decision-making by the Supreme Court including the decision-making in connection with the limitation of rights according to Commercial Code. Chapter four analyses the changes after New Civil Code came into force in relation to commercial law. Here...
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Military criminal law (1918-1938)
Hledík, Michal ; Soukup, Ladislav (advisor) ; Šouša, Jiří (referee)
130 ABSTRACT This Master's degree thesis deals with the problematics of the military criminal law in the Czechoslovak Republic between 1918 and 1938. I have chosen this theme for several reasons. First of these reasons is, that this subject mingles two legal disciplines - legal history and criminal law. Concurrently it is a topic, that has not yet been widely written up. The reason is that in both law disciplines combined in the theme of interwar criminal law, it is a marginal area of interest. Existing works in most cases focus only on a constituent parts of the problematics. In the second group of works the topic was chosen too widely and the character of resulting outputs was enumeratives, withnout providing context. The purpose of this tesis is to provide a global view on the matter of our military criminal law in the begining of 20th century and within this view then further focus on its dominant elements. The work is based mainly on the legislation effective in the given period, and the commented wordings. Another valuable source for the elaboration of the thesis were historical publications, although recent papers were not excluded. On several occasions the work marginally mentiones the comparison with the interwar general criminal law. In the topics of the military criminal law, whose legislation or...
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Securities and booked securities - changes in legislation
Manderla, Matěj ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Securities and booked securities - changes in legislation The purpose of my thesis is to analyse enactment of securities in the New Civil Code. Current legislation in Act on Securities is not considered as satisfactory in many ways. Recodification of civil law brings a great opportunity to clarify current interpretational issues and approximate Czech law of securities to developed countries of Western Europe. In this thesis I shall asses if the new piece of legislation will be successful in achieving such goal. The thesis is composed of nine chapters, each of them dealing with different aspects of securities law. Chapter One is introductory and defines concept of a security and its historical development. Chapter Two deals with issues related to definition of a security in Czech law. It focuses on the absence of legal definition of a security in current Czech law and analyses definitions of jurisprudence. Chapter Two analyses the legal definition of a security in New Civil Code and addresses the issue of definition of a security in relation to booked securities. Chapter Three is concerned with a security as a subject of legal relations. The main issue addressed in Chapter Three is security as a tangible thing. Chapter Four concentrates on separation of securities represented by a certificate and...
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The duty of due managerial care and diligence of the member of en elective body of a limited company and the consequences of its breach
Šubertová, Karolina ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The purpose of this thesis is to compare the standard of due care in contemporary legislation as well as in the new upcoming legislation which should become effective as of 1 January 2014. Furthermore, the thesis is focused on consequences of breach of the standard of due care by persons in position of members of elected bodies of capital business companies and / or business corporations. The thesis is composed of six chapters. Chapter One is introductory and deals with history of the standard of due care in the Czech legislation from the period of the General Civil Code to the recodification of civil law and commercial law represented by two crucial statutes - the new Civil Code and the Business Corporations Act. Chapter Two deals with contemporary valid and effective legislation concerned with the standard of due care and its main components. In Chapter Three I tried to emphasize the changes which we will experience in the new legislation. Especially, I mean the newly introduced business judgment rule which was inspired and implemented to the Czech legislation on the basis of modern foreign legislations - US and Germany. Chapter Four presents selection of case law of the Supreme Court of the Czech Republic which repeatedly commented on the standard of due care in practice and its related aspects...
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Methods of Investment in International Private Law
Štaňko, Andrej ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
Methods of Investment in International Private Law Dissertation thesis is structured into 9 Sections. First section deals with reasons why entrepreneurs use international holdings: regulative, questions of taxation and legal system reasons. Second section describes legal sources applicable for the analyzed issues. Third section summarizes some of the risks relating to use of international holding companies, namely risk of breaching the criminal law or circumventing other legal rules. Apart from legal risks, there are economic risks to be mitigated. The risks mentioned are systematic risk (e.g., bankruptcy of the state) and personal risk relating to the foreign managers (incompetency, fraud). Fifth section deals with typical transactions in the group of companies relating to financing by banks and bods issuance. Briefly analyzed are also acquisition structures and whitewash procedure. Sixth and seventh section describe tax burdens in the Czech republic, Cyprus, Seychelles, Mauritius and number of other countries. Analysis of the jurisdictions in nine countries as to the recognition and enforcement of foreign judicial decisions is provided in the section eight. The dissertation thesis is concluded with description of the civil law applicable after the so called recodification planned in the Czech...
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Legislation of Family and Relationships between Parents and Children (with Insights into Past and Future)
Valentová, Hana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented thesis provides a comprehensive view of the current legislation on family and parents-children relationships, including insights into past and future. Being a still hot topic is the reason why I chose it for my thesis. Two introductory chapters discuss historical context of family and development of legal relationships between parents and children to date. The family has evolved over time, developed and changed and so has the status of its individual members, which was all reflected in legislation (paternal power, parental power, parental rights and duties, parental responsibilities). The current concept of family is described in Chapter 3, followed by Chapter 4 which gives general characteristics of family law and legal relations within the family, including the definitions of basic concepts used in the rest of the work. Key Chapter 5 discusses the concept of parental responsibilities brought into our law by the so-called "big amendment" to the Family Code (Act No. 91/1998 Coll.). In exercising these rights and duties, parents are obliged to protect the best interests of the minor child, to control his or her actions and to exercise supervision over him or her. The parent-child relationship is equal and both its parties are holders of complementary rights and duties. In all actions, child's...
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Business, its sale and rent
Večeř, Igor ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Klimeš, František (referee)
The recent nature of the topic "Business, its sale and rent" clearly shows the social need that character of the enterprise as an object of business relationships and contracts for the sale of the business and the lease of the business is actively used. The company represents an important element which belongs to the business environment, and with the company as an object of legal relations may the businessman dispose - for example, a company can sell or hire. For the existence of the company and contract types associated with the enterprise is critical for a legal anchoring of these institutes. Enactment of these institutes is now primarily based on the Commercial Code, but in the ongoing recodification process of civil and commercial law will be the primary legislation under the New Civil Code, although it will modify the present time and the absolute business obligations. The law of contracts, which include a contract for sale of the business and the contract for the lease of the business will be "moved" by the rules of the New Civil Code. Company at a stage where is not a subject of the influence of contracts for the sale of the business, or the lease of the business, can be analyzed in terms of its "static" phase. The main subject of research in this phase of the business as such, is business...
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