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Making juridical acts by legal entities (A theoretical conception)
Šilhavý, Filip ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
Herein presented thesis intends to outline some of the conceptual yet practical issues that arise as of the effect of the new civil code in relation to conceptual changes of legal doctrine of legal persons and its legal acting. In chapter 2 hereof the author briefly illustrates the history and development of legal persons in the continental Europe with a special focus on the theories of legal persons. In the end of the chapter the author analyzes the current concept of the legal persons in the legal system of the Czech Republic. In chapter 3 hereof the author describes the primary principles upon which the concept of legal persons and its legal acting is built. The author also briefly analyzes the term and meaning of legal acting in general. The author further engages in analysis of acting of legal persons and its legal nature in relation to the question of who is the person acting; whether it is a legal act performed by a natural person acting in representation of the legal person or whether it is the legal person who acts on its own. In the final part of the chapter the author analyses the law on acting of legal representatives on behalf of the legal person and outlines the issues arising thereof. In chapter 4 the author describes and analyses particular issues that arise from the effective law....
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The concept of investor in international agreements on the protection of investments
Dubovan, Michal ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
The term "investor" in international investment agreements The aim of this thesis is to explain, compare and evaluate the meaning of investor as one of the key terms used in the area of international investment protection. From a systematic point of view, international investment activities are governed by international economic law, which is a sub-discipline of public international law. Foreign investment as a transfer of assets from one country to another in order to generate wealth is a kind of activity known and done since the era of colonialism or even before. The subjects carrying out these operations are called investors. However the framework of international investment protection as we know it today started out when the so called bilateral investment treaties (BITs) became commonly used to protect and promote international investing. These treaties entered into by states as sovereign members of the international community stipulated conditions to protect each other's investors in order to stimulate the flow of free capital over the borders. As mentioned before the term investor inter alia is a fundamental part of each international investment agreement. It specifies the range of subjects that are protected under such treaty and thus entitled to pursue their claims on international level in case of...
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Criminal proceedings against legal persons
Glinkina, Jekatěrina ; Pelc, Vladimír (advisor) ; Hořák, Jaromír (referee)
1 Criminal proceedings against legal persons Abstract On the first of January 2012, criminal liability of legal entities was finally established in the Czech Republic. This happened with effectiveness of the Act No. 418/2011 Coll., on the Criminal Liability of Legal Persons and Proceedings against them. This event significantly influenced Czech Criminal Law and caused a great stir. There has been both praise and criticism of the adoption of this law. Despite the fact that almost ten years have passed since that day and the Act itself has been amended by more than ten amendments, it has undergone extensive development, both in terms of interpretation and application. This thesis is devoted to the issue of criminal proceedings against legal persons, which in the Czech legal system is regulated in general mainly by the Act No. 141/1961 Coll., on Criminal Procedure and further modified by the special Act on Criminal Liability of Legal Persons and Proceedings against them. In a total of six chapters, the author of this thesis discusses in detail not only individual special aspects of proceedings against legal persons, but also addresses the basic issues of this type of proceedings, which are regulated in the general legislation. The author also focuses on the practical aspects of conducting such proceedings and...
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Criminal Liability of Legal Persons
Pokorná, Lucie ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Title of diploma thesis in English language, abstract in English language and 3 keywords in English language Title of diploma thesis in English language: Criminal liability of legal persons Abstract in English language: In this diploma thesis, the author deals in more detail with the criminal liability of legal persons. Although Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them, has been in force for nine years, the topic of criminal liability of legal persons is still very topical and frequently discussed. Due to the fact that the legal regulation in this area is relatively extensive, the author focuses only on some institutes of criminal liability of legal persons, which she dealt with in more detail. The first part of this thesis covers private law, where the concept of legal person, the characteristics of a legal person and the characteristics of individual legal persons are approached. In this part of the thesis, the author points out in particular that a correct understanding of the concept of legal person is necessary for a proper understanding of the criminal liability of legal persons and the reasons that led to its entrenchment. In the second part, the author deals with individual arguments that are not only in favour but also against the introduction...
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First instance proceedings on administrative infrantions of legal entities
Bubelíny Černá, Barbora ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
1 Proceeding on administrative offences of legal persons in first instance Abstract: The administrative law represents wide and significantly fragmented area of the law system. There is no doubt the part of administrative law are also rules of administrative punishment including the corresponding procedural regulation. This thesis provides the basic analyses of selected aspects of the legal regulation of the proceeding on administrative offences of legal persons in first instance affective in Czech Republic. The basic source of law in this area is Act no. 250/2016 Coll., on the responsibility for administrative offences and on procedure on it, as amended (in this thesis also referred only as "act on administrative offences"). However, that act is not the only on regulation governing the proceeding on administrative offences. The special partial regulation of proceeding on administrative offences may be basically found in all acts within the area of administrative law which rule the administrative offences. This shall be not considered as exclusive mark of administrative law. The fragmentation, however not so significant is also present in the criminal law. Under the section 5 of the act on administrative offences as the administrative offence shall be understood socially harmful unlawful act which is as...
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Criminal liability of health-care providers
Miřejovská, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of health-care providers Abstract This diploma thesis focuses on the criminal liability of the health-care providers. Its main objective is to provide a comprehensive overview of the fundamental issues, such as who can be a provider, what is the definition of healthcare services and what are the possible conditions of criminal liability. Another aim is to provide an overview of selected offenses that can be committed in connection with providing healthcare services and summary of the relevant legislation in the United Kingdom of Great Britain and Northern Ireland and in the Federal Republic of Germany. In this thesis, I mostly use the methods of description, analysis and comparison. The thesis is divided into six chapters, which follow a logical order. The first chapter explains the key concepts. Specifically, it is the definition of healthcare services, facilities and providers, lege artis procedure, informed consent and criminal liability. The second chapter focus on the criminal liability of natural persons, on the definition of a criminal offence and also the relevant circumstances excluding liability from the provision of healthcare point of view. The third chapter deals with the criminal liability of legal persons and their possible exculpation. The fourth chapter analyses selected...
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Selected issues of criminal liability of legal persons in the Czech Republic and in the Federal Republic of Germany
Kučerová, Kateřina ; Bohuslav, Lukáš (advisor) ; Gřivna, Tomáš (referee)
Selected issues of criminal liability of legal persons in the Czech Republic and in the Federal Republic of Germany Abstract In this diploma thesis, the author deals with the issue of criminal liability of legal persons in the Czech Republic and in the Federal Republic of Germany. The aim of the thesis is to define certain key issues of the legal regulation of criminal liability of legal persons in the Czech Republic and within them to analyze controversial points, including the proposal of possible options of de lege ferenda solutions. In this context, the thesis is also focused on a comprehensive treatise on the legal regulation of tortious liability of legal persons in the Federal Republic of Germany. The work consists of three chapters. The first chapter is devoted to the general definition of criminal liability of legal persons and its basic concepts, the historical development of criminal liability of legal persons within continental and Anglo-Saxon legal culture and international legal obligations of the Czech Republic arising from international treaties and European Union legislation. The second chapter focuses on the substantive legal regulation of criminal liability of legal persons in the Czech Republic, specifically on its basic characteristics, the scope of Act No. 418/2011 Coll., on criminal...
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Sanctioning of legal persons
Karnet, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract The criminal liability of legal persons was introduced into the legal system of Czech republic by the Act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Proceedings against them which came into effect on the 1st of January 2012. It is a problematic that was highly debated even before the respective law was created and its introduction into the legal system was closely followed by most of our experts in the field of criminal law. We can still see a big interest in how this problematic functions to this day, more than 8 years after its adoption. This interest became the main motivation for the creation of this thesis. This thesis focuses mainly on the 3rd part of the above stated Act which means it concetrates on the individual sanctions applicable in relation to legal persons and how they are being used in the decision-making process of the courts of Czech republic. The demonstrate these outcomes a statistic of sanctions applied against legal persons was created. This statistic then serves as a basis for authors conclusions in relation to individual sanctoins as well as a more complex conclusions regarding the whole problematic of sanctioning of legal persons in Czech republic. There were many sources used in order to create this thesis such as...
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Sanctioning of legal persons
Kratochvílová, Kateřina ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract This thesis focuses on criminal responsibility of legal persons, with an emphasis on sanctioning. The thesis examines the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them (hereinafter as "the Act"). Further it evaluates how is the Act applied by the courts and what are the problems resulting from the application of the Act, with focus on sanctioning. The thesis further proposes ideas for improvements, including changes in legislation de lege ferenda. The diploma thesis consists of three parts. In the first part the author addresses the basic concepts of criminal responsibility of legal persons, its roots in foreign and international law, and the development of the concept in the Czech Republic. This part further describes the basic institutes of corporate criminal liability, including imputability of criminal act to the legal person, followed by explanation of the concept of exculpation and related case law. Part Two focuses on sanctioning of legal persons from the theoretical perspective. It addresses the basic institutes of sanctioning of legal persons, the purpose and the principles of sanctioning, followed by the analysis of each sanction included in the Czech Act on Criminal Liability of Legal Persons and the...
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Sanctioning of legal person
Hron, David ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
1 Abstract This diploma thesis deals with the analysis of the issue of sanctioning of legal persons as well as with selected aspects of criminal liability of legal persons. The main reason why I chose this topic is my deep interest in analyzing the discussed issues together with the evaluation of the current state of the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them, and on the basis of this evaluation to submit proposals for improvement. At the beginning of this work, the reader will find a presentation of the basic structure, along with an outline of the main goals of the thesis, and then it will be divided into five basic chapters. The first chapter defines the basic concepts of criminal liability of legal persons related to their sanctioning. There is a theoretical definition of a legal person due to the absence of a definition of this term in czech criminal law. After defining the theoretical basis of criminal liability of legal persons, the development of this institute is outlined, together with the question of sanctioning the legal persons that are primarily involved in this work. The second chapter focuses on the development of criminal liability of legal persons. Due to the fact that origin of the criminal liability of legal persons is in the...
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