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Notice and Take Down, on Certain Aspects of Liability of Online Intermediaries
Elbert, Tomáš ; Hendrychová, Michaela (advisor) ; Tichý, Luboš (referee)
5 Abstract The final thesis addresses certain aspects of current topic of online intermediaries' liability for user-generated content ("UGC"). Under Act No. 480/2004 Coll., on certain information society services ("2004 Act on ISS"), which transposes e- Commerce Directive 2000/31/EC, online intermediaries in the Czech Republic benefit from "safe harbours". Essentially, it means that online intermediaries can be held liable for UGC only if they had actual or constructive knowledge of illegality of the content. This rule implicitly creates the so called "Notice and Take Down" procedure ("NTD"). Online intermediary upon receiving a notice, and thereby learning about the illegality of the content, is obliged to expeditiously take down the illegal content in order to preserve his immunity. However, NTD is neither expressly regulated within the ECD nor within the 2004 Act on ISS. Therefore, the purpose of the thesis is to illuminate NTD procedure and provide guidelines for it successful application within the Czech Republic. The thesis should be helpful not only to online intermediaries, but also to aggrieved parties serving notices. For this purpose the thesis looks not only at the ECD and its transpositions in various Member States, but also at American Digital Millennium Copyright Act 1998 that has been the...
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Reorganization as the way of bankruptcy solution
Holevová, Jana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The intention of the thesis, on theme of Reorganization as the way of bankruptcy solution, is to describe this legal institute complexly and coherently. It begins from the history, continues through the current legislation and finishes with a practical point of view to reorganization and its implications in practice. The first chapter describes influences which affected reorganization in the Czech legal environment. First of all, the insolvency law was affected by historical circumstances in the Czech lands and by changes of political regimes to which the legislation was subordinated. Another subsection is addressed to foreign influences which were used as an inspiration for the legislator during creating of the current legislation. Mainly, it is an American and German legislation. In the last subsection, the EU legislation regarding reorganization is elaborated including effects of the harmonization in the Czech Republic. The second chapter of the thesis describes the legislation of reorganization in the Czech Republic and completes it of the case law especially of the High courts in Prague and Olomouc. The institutes are elaborated one by one according to the order made in the Insolvency act and in order which is usually used during insolvency proceedings. The last subsection is focused on a...
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Children's Rights and Welfare Officers as Guardian of Minors in Court Proceedings
Švadlenková Malíková, Zuzana ; Vorlová, Marie (advisor) ; Načeradský, Ondřej (referee)
The present bachelor's degree thesis focuses on the role of children's rights and welfare officers as court- appointed guardians of minors for the purposes of court proceedings. The thesis is based on theoretical knowledge gained from publications and laws, hands-on experience acquired serving as a guardian ad litem as well as information provided by guardianship judges. The aim of the thesis is to assess whether a court-appointed guardian may actually protect the best interests and well-being of a child. In the first part of the thesis, the author takes a look back at the history of guardianship in the Czech Republic while considering the nature of "the best interests and well-being" of the child and outlining the future of the guardian within the framework of the protection of children's rights, legitimate interests and social needs. The main focus of the thesis is the delimiting of the role of a guardian from the comparative perspective of law and practice, the importance of co-operation between the court and the guardian, the guardian's position in a court proceeding and the steps and acts before the court. In addition, the thesis addresses specific steps of the guardian in certain types of proceedings using case studies prepared on the basis of files maintained by an authority dedicated to the...
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The cohesion of the Accounting Act and tax laws in Vietnam
Nguyen, Phuong Anh ; Skálová, Jana (advisor)
This Bachelor thesis is on the accounting and tax principles, rules and methods in The Socialist Republic of Vietnam and their cohesion. The first part talks about the taxation system and mainly about enterprise income tax and personal income tax. Next part talks about the Vietnamese accounting system. This part addresses the reform of the Vietnamese accounting system, contemporary legislation, description of the accounting entity, subject and object of accounting and a sample of chart of accounts. The last part talks about the cohesion of the Accounting Act and tax laws.
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Framework for distributed monitoring of services
Skotáková, Lenka ; Zavoral, Filip (referee) ; Děcký, Martin (advisor)
Title: Framework for distributed monitoring of services Author: Lenka Skotáková Department: Department of Software Engineering Supervisor: Mgr. Martin Děcký, Department of Distributed and Dependable Systems Supervisor's e-mail address: martin.decky@d3s.mff.cuni.cz Abstract: Monitoring of servers and its services enables early detection of problems.Distributed monitoring provides the advantage of load balancing between multiple nodes. Most of the tools providing distributed monitoring still retain the master node as a single point of failure. Distributed system working without a central node is more reliable. Redundancy of monitoring can be also introduced for further increase of reliability. Then it is appropriate to ensure that reports of failures do not repeat. This thesis presents a distributed system for monitoring of services, resistant to failure of nodes including a node that currently acts as a coordinator. Nodes automatically distribute tasks among themselves and found problems are collected and stored so that the notifications are not repeated. Keywords: distributed systems, distributed monitoring, network services, Invitation algorithm
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The Seal of Lantescien in the Context of Criminal Law
KOMÁROVÁ, Vendula
The thesis provides a concise explanation of the notions of confession and the seal of confession and observance of the same by Czech Republic criminal law. The seal of confession is especially provided for by Act No. 3/2002 Coll. on churches and religious societies. In my thesis, I also address the issue of protecting other types of non-disclosure recognized by the Czech Republic. The main topic covers respecting the seal of confession in the context of criminal law. I particularly concentrate on respecting the seal of confession in relation to Sections 167 and 168 of the Criminal Code concerning failure to prevent an offence and failure to report an offence. I also take note of the duty to testify and exceptions to the same. Whereas one of the exceptions{--}prohibition of interrogation{--}does indicate protection of the seal of confession, the other{--}the right to refuse testimony{--}includes no such unequivocal protection. Generally, Czech laws do recognize the seal of confession, and it is impossible to punish observance by priests of the seal of confession.
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Bill of Exchange as a Security Instrument
WÁGNEROVÁ, Kateřina
I focussed my bachelor{\crq}s thesis on a topic related to the use of bills of exchange in obligatory relations. Although there is no definition of a bill of exchange by law, the law does stipulate the requirements for its contents to make such bill of exchange valid. Contractual relations, properly set up, can not only ease the potential standing of the participants before the court, but are even capable of preventing this. In my work, I address the issue of the bill of exchange, its history, types, functions, form, substance, acts in law and other issues related to bills of exchange.
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Comparison of Syntactic Structure of Czech and Englisch Written and Spoken Advertisementes
Mazánková, Marcela ; Janovec, Ladislav (advisor) ; Holanová, Radka (referee)
In the introduced diploma thesis I worked with the collection of 200 written advertisements (Czech and English) and 200 TV commercials (Czech and English). The main task of the thesis was to describe the major features of Czech and English advertisements from the syntactic point of view, compare them and support by proper examples. The thesis also includes statistic data based on the analysis of individual items in the collected material. The thesis is divided into four chapters. The first one deals with the general features of advertisement, its position within the Czech stylistics, its forms and the possibilities that each form provides. The next chapter focuses on the analysis of the syntactic structure itself and examines the different ways of expressing the items being compared. The third chapter describes the advertisements in the context of pragmatics. Utterances used in advertisements are analyzed by exploring the theory of speech acts, theory of cooperative principle and maxims of politeness. The chapter also examines the different ways of addressing a receiver and his/her position in the discourse of advertising. The last chapter includes all findings and conclusions. Powered by TCPDF (www.tcpdf.org)
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"The Impact of Legislative Changes on the State Social Support Benefits"
KLÍMOVÁ, Hana
The State Social Support (SSP) was founded in 1995. The most important legal regulation governing the State Social Support is the Act number 117/1995 Coll. on state social support. This Act has been fully efficient since 1 January 1996. The aim of SSP was mainly to provide support to families with children and to provide support in some other social situations. Social support allowances are one of the pillars of the social security system of the Czech Republic. They address various social situations, which families may face to. The allowances are provided based on various criteria and generally fall into some of the following categories: income related allowances x income non-related allowances or one-time allowances x repetitive allowances. The aim of this bachelor?s thesis is to map the most important legislation changes related to State Social Support Allowances between 2006 and 2010 and evaluate these changes from various aspects, such as allowance recipients, allowance rates or ratio of rejected applicants. Another aim is to describe problems concerning SSP allowance approval and validation and suggest changes to remedy those problems.
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The role of a special educator in delivering of early intervention (early intervention services)
KOČEROVÁ, Nikola
This bachelor thesis deals with a role of a special education teacher in providing of the early care and the early intervention. The early care as a social service offers help and support to children with health disabilities or handicaps or with any threat to their development. This care, respectively the support, involves more than just a disabled child, but his entire family. In the theoretical part of the thesis I devote to a special education teacher who belongs to the so called helping professions as well as to his place in a framework of a multidisciplinary team. I also draw my attention to his professional competencies and personal dispositions which I consider to be crucial for his professional work with clients. Marginally I devote to a description of the health disability, its different types and characteristics. Finally, I define concepts of the early care and the early intervention (support).Further I deal in detail with an Early Care Centre, in particular its characteristics, types and locations of the Early Care Centres in the territory of the Czech Republic, including their financing and grounds in our current legislation. In this context I try to define the role of the special education teacher as an important member of the staff in the performance of the social service the early care. I also pay my attention to the Special Education Centres, which can provide, inter alia, as well as so called the early intervention (support). The early intervention is a difficult task and that is why I included also activities of Arpida Centre in České Budějovice in the theoretical part just with regard to a different way of an implementation of this social service, because they provide it primarily for outpatients. The practical part of the bachelor thesis defines objectives of the research. The main objective is to compare professional competencies of the special education teacher acting in the early care defined in the current legislation of the Czech Republic with a description of his real job. The partial objective is to determine actual experience and opinions of special education teachers working within the early care, respectively the early intervention (support) on the appropriate legislation that addresses that issue. Then there relates to it an effort to try to determine the role or the task of the special education teachers which they receive on basis of their professional work with clients in the context of the early care. Based on the target there are defined research questions: Their specific wording is: Has the special education teacher enough competencies to do his job? More: Where do the special education teachers see the biggest problems in the content of the legislation? What role the special education teacher feels to play in providing his services in the framework of the early care, respectively early intervention? In the practical part I also defined a methodology for data collection, when I chose the qualitative research. Data acquisition was carried out by an interviewing technique with a help of a standardized interview that respondents answered freely without my intervention. In the practical part of my bachelor thesis there I also describe the research group and the terrain. The target groups are: two special education women teachers from the Centre of Early Care in České Budějovice, two special education women teacher from the Special Education Centre at Arpida Centre, than one special education woman teacher from the Special Education Centre at the Kindergarten, Elementary and Secondary School for hearing impaired in České Budějovice and a responsible person for the social service of the early care provided by Arpida Centre in České Budějovice. The research was conducted in workrooms of individual interviewed during the months of March and beginning of April.
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