|
Unfair advertising
Foltínová, Ľubica ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The subject of my doctoral thesis is the analysis of the judicial treatment of unfair advertising. The aim of the thesis is to offer a systematic outlook on the legal environment of advertising from a private and a public law perspective. The legal definition of advertising is given in the Advertising Regulation Act, which can be regarded as the most important public act governing unfair advertising and in the Act on the Operation of Radio and Television Broadcasting, which regulates advertising in television, radio and internet broadcasting. All these definitions belong to the public law area. On the other hand, the definition of unfairness can be found in a private law act, namely in the Commercial Code (Act No.513/1991 Coll.). The unfairness of competition (indirectly of unfair advertising as well) is defined with a general clause against unfair competition. As a result of these definitions, unfair advertising could be understood as the activity, which fulfils the legal definition of advertising and at the same time fulfils the general clause against unfair competition. The thesis consists of three extensive chapters. The first chapter describes the history of unfair advertising and the current legal regulation of this subject from an international, a European and a national perspective. This...
|
|
Nekalosoutěžní jednání podnikatele v obchodní činnosti vůči spotřebiteli
Osvítilová, Andrea
Osvítilová, A. Unfair Competition of Entrepreneurs against Consumers. Bachelor Thesis. Brno: Mendel University in Brno, 2015. The thesis describes the issue of unfair competition performed by entrepreneurs against consumers. The theoretical part of the thesis summarizes and explains the basic concepts such as the general clause of unfair competition or participants of unfair-competition relationships. Further, the thesis describes the legal merits of unfair competition and means of protection from the perspective of private or public interests. The theoretical part is complemented by the so-called judiciary merits of unfair competition, which are not contained in any legislation. The practical part of the thesis examines and presents specific examples of unfair practices of entrepreneurs, including recommendations for consumers.
|
|
Spanish unfair competition law - comparison with the Czech regulation
Kartner, Martin ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Résumé: The thesis "Spanish law of unfair competition - comparison with the Czech law of unfair competition law" (hereinafter referred to as the "Thesis") is dedicated to the comparison of the Czech and Spanish unfair competition law. The Thesis also deals with the impacts of the law of the European Union on both national regulations. The first part of the Thesis primarily concentrates on the evolution of the law against unfair competition (both generally and on national level) and describes the relations between the law against unfair competition and other related areas of law (such as consumer law, industrial property law and law on protection of the economic competition). The second part of the Thesis contains a detailed comparison of the general clauses of the Czech and Spanish law against unfair competition. Explanation and comparison of the main concepts used by both legal regulations can be found in this part of the Thesis, such as: competitors, clients, consumers, entrepreneurs, acting in economic competition, acting in business relation, good manners, good faith etc. The third part of the Thesis is mainly focused on description and comparison of the particular examples of the unfair competition listed in the acts against unfair competition. The particular examples of the unfair competition are...
|
|
Comparative advertising
Rousková, Petra ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The diploma thesis - Comparative advertising - is focused on domain of unfair competition and comparative advertising in the Czech Republic, and also in the European Union. Considering that basically there is no society living completely separated from surroundings, it is evident, that Czech law system should be seen in the context of the European Union legal environment. Comparing the Czech law and the European Union legislation I came to the conclusion that both are in their substance in compliance with each other. This is an important fact leading to an effective harmonisation of the national regulations with European Union law. This was achieved through several directives. Furthermore, I also included many conclusions on decisions of courts of law, which play an important role in this field of law. The diploma thesis is devided into six basic chapters. The first chapter defines economic competition and the law of economic competition. The second chapter is focused on unfair competition frame according to the Commercial Law (law no. 513/1991 of the Collection of Laws) and provides necessary information on the general clause, the keystone of unfair competition. The third chapter talks about the concept of advertising and comparative advertising including types and functions. The fourth chapter...
|
|
Competing currencies as an alternative scenario to legal tender clause: Mathematical proof
Gawthorpe, Kateřina ; Stroukal, Dominik (advisor) ; Nikolovová, Pavla (referee)
Previous literature examining the scenario without the constraint of legal tender law is a rather theoretical analysis of the subject matter. Aside from the theoretical examination of the competition of money this paper offers dynamic structural macroeconomic model based on the money in the utility function. This model compares the current monetary conditions with the potential situation permitting more currencies circulating alongside. The main assumption about individuals' preferences over stable currencies underlines the whole paper with emphasis on the mathematical model. The uniqueness of this model lies in the incorporation of variables affecting respective money demand functions into the utility function of the DSGE model and in the purpose of its use as well as its variables, where representative agent is a household owning a bank rather than a firm. Overall the results of this paper favor the idea of exclusion of the legal tender law in a developed country without severe turmoil. Particularly, the ascent of competition among currencies leads to lower inflation than present scenario. However, final simulations of the model in Matlab supplements such so far "unambiguous" view with skepticism due to possible difficulties during discovery process in such scenario.
|
|
Selected cases of unfair competition according to the general clause
Jakubíčková, Věra ; Boháček, Martin (advisor) ; Cupka, Josef (referee)
The thesis deals with the most common cases of unfair competition punishable under general clause, such as "snowball", botheration of consumer, unfair advertising, exploitation of feelings, etc. There is also outlined the development of the law against unfair competition, the subjects of unfair competition and the crucial term "general clause". The following chapters are concerned with the European Unfair Practises Directive and legal means of protection against unfair competition. The last chapter deals with the upcoming new Civil Code and its regulation of the law against unfair competition. It also includes suggestions de lege ferenda.
|
|
Ochrana podnikatele před nekalosoutěžním jednáním konkurence v obchodní činnosti
Bílková, Kristýna
This thesis deals with the protection of entrepreneurs against unfair competition actions in the business activity. It is divided into two parts - a review of literature and one's own work. The theoretical part explains concepts such as competition, unfair competition, general clause and individual facts of unfair competition are defined as well. Further, it discusses the legal and illegal protection of business with regards to the legal and illegal means of protection. The practical part pre-sents the selected cases of unfair competition. In conclusion, there are recommen-dations for businesses.
|
| |
guest ::
