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The Trade Name and Trade Secret
Smlsalová, Jana ; Plíva, Stanislav (advisor) ; Macek, Jiří (referee) ; Štenglová, Ivana (referee)
The theme of this PhD thesis is The Trade Name and Trade Secret. The aim of the thesis is to describe, analyze and review legal regulation of these in the Czech legal system. Doing this it is necessary to explore not only the Commercial Code (Obchodni zakonik), where both institutes are regulated, but also the civil, procedural, administrative and criminal law. Comparison with the foreign legal regulations, mainly the German, American and English, was made. How the law relating to those areas works in practice is illustrated on the judicature, not only present, but also the past one, for there is a loose link between the present regulation and the one of the First Republic. Because the Czech Republic is in the process of recodification of not only private, but also public law, regard was taken to the proposed legal regulation. The thesis is composed of seven chapters, each of them dealing with different aspects of the trade name and trade secret. Chapter One is introductory and describes the historical development of the trade name and trade secret in the Czech territory, from the times of Austria- Hungary to the present day. Further, the legal principles relating to those topics are discussed. The last part of this chapter contains thoughts about the legal character of the trade name and trade...
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The protection of land ownership rights against unlawful interference
Frýba, Milan ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
The thesis deals with the protection of land ownership rights against unlawful interference. The aim of the thesis is to present and analyze interference with land ownership and outline means of protection against unlawful interference. This thesis pays attention to new Civil Code and comparison with current regulation. Thesis also includes relevant decisions issued by the Supreme Court, the Supreme Administrative Court and the Constitutional Court of the Czech Republic with regard to protection of land ownership. The thesis is composed of three main parts. The first part is introductory and defines basic terminology used in the thesis. This part describes land ownership and its specific features. The following part describes and anylyzes what is meant by interference with land ownership. This part ilustrates interference allowed or recognized by law and unlawful interference. The interference with land ownership can be caused by public authority or by other people. This part also explores interference with land ownership within neighbour relations. Special attention is given to interference with ownership regarding entry to land, on the basis of selected legal regulations that are related to land ownership and environmental law. The third part is subdivided into two subparts and provides overview...
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Legal protection of domains in relation to the right to designation
Kračman, Filip ; Růžička, Michal (referee) ; Pítra, Vladimír (advisor)
OF T HESIS Title : Legal protection of doma in name in re lation with the rights to a sign Author : Filip Krač man Department : Institute Of Copyright, Industrial Property And Competition Law Summary : Focus of my thesis i s set on a leg al status and protection of domain name s and their holde rs in relation with the ri ghts to a sig n. The introduction part i s dedicated to technical a spec ts of domains, domain names, structure of domains and domain operating organizations. Domain name is a unique identification mark of a computer in a network. Unique nature of domain name is given by the fact that it may be assigned only once. Subsequently, the text deals with legal nature of domain name as a subject matter of civil-law relations, which c ompri ses thi ngs, rights and other property values. The next part brings analysis of the process through which a relation between a domain name holder a nd other participating subjects originate s. Furthe r, facts on Europe an Communitie s domain .eu are offered, namely re asons that led to its creation, legal regulation of gradual and general registrati on and subjects, which are involved in registrations and operation of domain names unde r .e u domain. The main part i s focused on infring ements, which originate from registration and usage of domain names...
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Application for facillitation of requirements in property management
Pekárek, Matěj ; Pecinovský, Rudolf (advisor) ; Burkoň, Lukáš (referee)
This theses mainly focuses on development of information system for a facility management company. It explores processes in the property management business and possibilities of its facilitation by software applications that are mainly within the tasks of a technical nature. The origin of the paper lies in the process analysis of Vaše domy Ltd. which had been started earlier on. The thesis follows up with more detailed study of client request processing. The goals of the paper are: specifying company's requirements for an application software, analysing the current market situation in the field and finally it covers design and implementation of a unique software solution.
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Change of parties to the legal relationship of the lease of a flat
Hejhal, Zdeněk ; Dvořák, Jan (referee) ; Salač, Josef (advisor)
The substitution of parties to the legal relationship in relation to renting apartments Executive Summary The aim of the thesis is to describe the legal relationship aspects arising in relation to the substitution of parties to renting apartments, with the focus being on substitution initiated by the tenant. The key reason for choosing this topic is the author's personal experience with dealing with the issues that arose as a result of the transfer of rights and obligations pertaining to renting of an apartment of the author's acquaintance, his experience gained during the assistance at the civil proceedings held by district court for Prague 3, the fact that renting is currently an issue of great significance in the Czech law system, and also the increasing number of people living in rented apartments. The thesis comprises ten chapters, each of them considering different aspects of the issues involved. Having provided the background information to the reader in the introductory chapter, the first chapter considers the historical framework of renting apartments. The chapters explores the renting of apartments in accordance with Roman law throughout the Middle Ages up to the present Czech legal regulations, including the rental agreement aspects in place in the 1811-1918 period, during the period of the First...
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Tax and Legal Structure of Tescoma Group
Hasoňová, Martina ; Kříž, Radim (advisor) ; Chára, Petr (referee)
The thesis is focused on holding companies legislation in the Czech Republic and related issue of tax optimization in the international business environment. First aim of this thesis is to map control and influence relations and therefrom arising legal obligations within Tescoma Group. Second aim is to explore Tescoma Group from the point of view of tax optimization and to compare advantages and disadvantages of alternative structures of the group.
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Study of Structure-Function Relationship of Temperature-Gated TRP Channels
Benedikt, Jan ; Vlachová, Viktorie (advisor) ; Kršiak, Miloslav (referee) ; Blahoš, Jaroslav (referee)
Sensory physiology research was heavily influenced by molecular identification of transient receptor potential (TRP) ion channel family. Discovery of these unique family of membrane receptors allowed detailed study of their structure-function relationship. TRP channel expression in sensory neurons, but also apparently in keratinocytes provides living organisms with the ability to fast and accurately detect noxious thermal and chemical stimuli and to transmit this noxious signaling to higher nervous system structures. Despite recent efforts to elucidate molecular mechanisms of temperature or chemical activation of these non-selective cation channels, there is still no unifying hypothesis that is able to explain complex behaviour of these receptors. This dissertation aims to investigate three aspects of the TRP channel function: 1. Molecular characterization of acute desensitization of vanilloid receptor TRPV1 and investigation of the role of phosphorylation sites for calmodulin kinase II. 2. To characterize mechanisms of etanol-induced inhibition of menthol receptor TRPM8 and to find out possible physiological consequences of this inhibition. 3. To explore the role of inner pore region in activation gating of ankyrin receptor TRPA1 and identify amino acids involved in this process. Our findings contribute to...
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Value added tax from the point of view of Czech and Community law
Procházka, Ondřej ; Kohajda, Michael (referee) ; Boháč, Radim (advisor)
Value Added Tax in EC and Czech Tax Law Since 1950s, tax systems of jurisdictions around the world have undergone a revolutionary change, marked by the proliferation of value added tax. The pioneering jurisdiction in this respect has been the supranational European Economic Community, known as the European Community since 1992. Its common system of VAT has set out an example of an invoice based, credit substraction VAT which has since become a model for developed and deve- loping countries alike. In the Czech Republic, VAT was introduced in 1992 under strong EC influence, as part of a far-reaching tax reform aiming at adapting the tax system to the needs of market economy. As of May 1, 2004, Czech Republic joined the EC and became part of the common system. In this work, we first provide a general overview of the VAT. We identify its key characteristics and use classification to discuss the pros and cons of the invoice based credit substraction system. We review the VAT from the fiscal policy perspective and apply the criterions of sound tax design to explain the reasoning behind its popularity. Next, we explore in depth the development of common system of VAT in the EC. We discuss the reasoning behind its introduction, the economic and legal circumstances of its adoption and further development. We deem that...
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An agreement to enter into a contract
Francová, Renata ; Patěk, Daniel (referee) ; Plíva, Stanislav (advisor)
The aim of this thesis is to explore and explain in detail the problems of the Agreement on the Future Agreement according to its basics in the Czech Commercial Code. The thesis is based on the valid legal regulations of the Agreement on the Future Agreement and explains the essential issues concerning its interpretation and application. The thesis is following the characteristics of the legal indicia of the Agreement on the Future Agreement together with its content, parties to the Agreement and its template. Other explored issues are rights and duties of the parties to the Agreement as well as variability of the contracting requirements. The thesis also deals with the fundamentals and purposes of the process between the Agreement on the Future Agreement and the Future Agreement and enables us to understand similar legal institutes. Regarding the recent dual legal regulation provided by the Czech Commercial Code as well as the Czech Civil Code, the aim of the thesis is to compare similarities and differences of these two types of regulation and to indicate advantages and disadvantages of the application of each one during the different stages of the contracting process. The thesis is concerned with the compulsory requirements of the Agreement on the Future Agreement according to the peremptory rules of...
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Legal regulation of pension insurance in the Czech Republic and the Polish Republic
Mitrega, Jan ; Zemanová, Jana (advisor) ; Vysokajová, Margerita (referee)
Legal regulation of pension insurance in the Czech Republic and the Polish The goal of this diploma theses is to point out the legal regulation of pension insurance in the Czech republic and the Republic of Poland putting emphasis on regulation of different types of pension. The thesis consists of four chapters. The first chapter analyzes the historical evolution of pensions and the pension insurance. It comprises three periods. The first period ends at the time of the World War I., the second one lasts until the end of the forties of the 20th century and the last one ends in the late 20th century. This chapter outlines the history evolution separately for both of the states. The second chapter is a base of this paper. It examines contemporary legal regulation of pension insurance in the Czech republic. At the beginning of the chapter, there are explained fundamental principles of the Czech pension insurance system and also essential terms. The following part of the second chapter explores legal regulation of allowances including old-age pension, invalidity pension, widow's and widower's pension and orphan's annuity. In the connection with every single mentioned matter, it puts emphasis on the following: the conditions under which a claim to a pension can be acquired, modified or extincted and the...
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