|
|
General Meeting of Limited Liability Company after recodification (operation, calling, quorum, appearance and procedure)
Pytela, David ; Patěk, Daniel (referee) ; Zahradníčková, Marie (referee)
By January the first is applicable legal regulation that will bring very important changes into private branch of legal order. It is especially the "New Civil Code" and the "Commercial Corporation Act". This "new regulation" will affect even the General Meeting of Limited Liability Company. Because I think it is important to identify the changes that the new regulation brings into regulation of General Meeting of Limited Liability Company and because General Meeting of Limited Liability Company is of interest to me I decided to work out a thesis on this matter called "General Meeting of Limited Liability Company after recodification". Because this matter is quite enormous I do not focus on whole General Meeting of Limited Liability Company but only on selected parts concerning its operation, calling, quorum, appearance and procedure. In my thesis I do not focus only on changes connected with the new regulation but also on unclear or problematical parts of existing regulation (regulation applicable until December the thirty-first) from the perspective whether and if how the new regulation has dealt with them. I use opinions stated by the jurisprudence and the judicature, especially by the Supreme court of the Czech Republic, but foremost my own view and opinions. The new regulation as a whole in...
|
|
|
Securities and book-entry securities - changes after recodification
Koláček, Petr ; Čech, Petr (advisor) ; Elek, Štefan (referee)
61 Abstract The purpose of this thesis is to analyse new legislation on securities and book- entry securities enacted during the recodification of private law. The main legislation moved from the Act no. 591/1992 Coll., On Securities, into the Act no. 89/2012 Coll., The Civil Code. This thesis is divided into five chapters. The first chapter deals with the general definition of the concept of securities and booked-entry securities. It describes the definition of security that has been adopted from the Swiss Code of Obligations and describes the new concept of book-entry securities, which are now a substitute to securities and a separate legal institute. The second chapter briefly describes the functions of the securities. The third chapter describes forms of securities that are crucial for determination of methods of transfer of the securities. It also discusses enactment of legal presumptions of the form of the security that are used to determine form of securities in the case the form of the security is not entirely clear. Finally, this chapter deals with the question, whether the forms of book-entry securities are no longer distinguished. The fourth chapter analyses the transfer of ownership of the securities according to their various forms and discusses the conditions under which the securities in each...
|
|
|
Bank account
Koranda, Martin ; Liška, Petr (advisor) ; Elek, Štefan (referee)
The diploma thesis examines the effective legislation governing the bank account (or "accout"), which undergone some changes due to the recodification of the Czech private law. In addition to the actual examination of the accout legislation, it aims to highlight the most important changes adopted in connection with entering of the new Czech Civil Code into force and draw attention to the legal provisions, in respect of which some differing opinions regarding their interpretation could be met. The methods of systematic analysis and comparation were used. The first chapter sets out the relevant legislation, a new systhematics of accounts used by the laws and also the transitional provisions. Furthermore, the definition of the term "bank account" and some related issues are contained. The following chapter deals with the general provisions on account, namely account agreement, disposition with the account, disposing of the funds in the account, account management, crediting of interest and finally the consequences of the death of the account holder and termination of contractual obligations from the account agreement. At the end of the chapter differences for the accout set up for more than one person are summarized. The next chapter deals with the Payment account and respective legislation contained...
|
|
|
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...
|
|
|
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...
|
|
|
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...
|
|
|
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...
|
|
|
Legal occupation in the judiciary and their interrelationship.
Kramer, Jaroslav ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis focuses on various legal professions within the Czech Republic, such as attorneys, notaries, bailiffs and judges. These occupations are often associated with civil judiciary process. The purpose of this thesis is to define the foundations of their legal status, including the scope of their activities, and how they differ. Additionally, the thesis focuses on the role of individual professions. Firstly, important elements, such as confidentiality, independence, autonomy or responsibility will be analyzed. Secondly, the thesis will address significant problems in defining the role of the legal profession. Finally, the thesis will include several challenges lawyers face in the 21st century, for example, the provision of legal services by non-professionals. Powered by TCPDF (www.tcpdf.org)
|
|
|
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...
|
|
|
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...
|
guest ::
