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Legal protection of domains in relation to the right of indication
Feuerstein, Michael ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
Legal protection of domains in relation to the right of indication The aim of this master thesis is to provide information about the relation between domain names and law, with particular attention paid to rights of indication. The reader will become acquainted with the classification of domain names within the Czech legal system, their possible conflicts with different rights, and procedures which can be used for their protection. The thesis reflects changes caused by the new conception of private law and recent judicial decisions, mainly regarding alternative dispute resolutions. In order to understand this issue, it is also necessary to be familiar with the technical aspects of domain names and the Internet, and therefore this subtopic is included in the thesis as well. The thesis consists of four topical parts. The first one, which is made up of the second and the third chapter, deals with the functioning of the Internet and IP addresses, the registration process of domain names, and their composition, management and main functions. It is followed by the second part, which is represented by the fourth chapter, evaluating the position of domain names in the legal system of the Czech Republic, especially in terms of the question whether domain names are the subject of ownership or not. In this...
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Arbitration as a type of alternative dispute resolution.
Staňková, Monika ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis deals with arbitration. The aim of the thesis is to determine whether arbitration has a future in of Czech Republic and whether it can compete with court proceeding considering its regulation in the Act on arbitration. The thesis enables the confirmation or disproof of hypotheses claiming that arbitration represents a parallel to dispute resolution in civil proceedings, that the amendment of the Act on arbitration from the year 2016 is a step in the right direction, and that general courts do not intervene in the arbitration proceedings. The diploma thesis is divided in two chapters, the first chapter discusses alternative disputes resolution and the second chapter analyzes arbitration. Within the second chapter, the attention is focused on the concept of arbitration, its contemporary regulation and types, arbitrability, arbitration ageement, arbitrator, principles, process and ending of arbitration.
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The Consumer dispute resolution
Marková, Kristýna ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The thesis deals with the consumer dispute and ways how to resolve it. The main aim of this thesis is to analyze and evaluate if disadvantages of court proceeding in the Czech republic still overweight its advantages, and thus whether the topic of alternative disputes resolution of consumer disputes is actual, then to give an overview and evaluation of alternative disputes resolution for consumer dispute which the Czech republic offers in the context of Community Law of the European Union, and finally to outline the development of future initiatives in this area.
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Mediation as an Alternative Dispute Resolution
Joklíková, Kateřina ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The submitted thesis deals with Alternative Dispute Resolution (ADR), particularly mediation activities. The aim of this thesis is to introduce mediation as an alternative method of conflict resolution, that is still relatively neglected in the Czech Republic, through a summary of theoretical knowledge in terms of its practical operation. Particular attention is paid to the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new Mediation Act. The work is divided into five chapters. The first chapter defines the general concept of ADR and outlines the different types of ADR. The next part of the thesis presents in detail the mediation, a mediator and requirements for the performance of this function. There is also clearly described the course of mediation process. The third chapter deals with the regulation of mediation in the EU, which is the starting point for each national system. The fourth chapter is devoted to the regulation of mediation in the Czech Republic. It describes the situation that prevailed during the period without comprehensive regulation of mediation in civil matters, the legislative process of preparation and adoption of the Mediation Act, newly enshrined institutes and there is also a definition of the obstacles that could hinder penetration of mediation into wider practice. Finally, there is a comparison of the situation in the Czech Republic with the application of mediation activities in the USA and in some EU countries.
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Alternative Dispute Resolution in the EU Internal Market through the SOLVIT Network
Zemenová, Tereza ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This Bachelor's thesis deals with alternative dispute resolution in the EU internal market via SOLVIT network. The aim of this work is to provide a comprehensive view of the functioning of SOLVIT mechanism and to clarify the way in which it can help citizens and undertakings that are adversely affected by unlawful decisions of national administrations which acted contrary to EU law. Emphasis is made on the structure of SOLVIT network, its activity, cooperation with the European Commission and its role in the context of other ADR systems. The last part of this work deals with analysis of the effectiveness of the mechanism.
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Legal Regulation of Mediation in Commercial Disputes
Kerbachová, Tereza ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This Bachelor thesis on the Legal Regulation of Mediation in Commercial Disputes deals with the characteristics and use of mediation as one method of alternative dispute resolution. Commercial mediation is in its infancy in the Czech Republic. Its development was influenced mainly by the adoption of Act No. 202/2012 Coll., on Mediation and Amending Certain Acts. The first chapter comprises a general introduction on the topic and its comparison with other ADR methods. The second chapter deals primarily with the development of legislation and the enactment of law. Further work is dedicated to the mediation process and requirements for mediators. The practical part is based on my participation in mediation testing.
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Mediation in Czech and Slovak republic
Jesenská, Katarína ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This bachelor thesis provides comperhensive view on one of the alternative dispute resolution methods - mediation. The aim is to clarify the existing legislation regarding mediation in Czech and Slovak republic and to explain major similarities and differencies in both legislations. In addition, the thesis includes the practical aspects of mediation which enables better understanding of whole issue. The thesis also answers the question whether the current legislation of mediation meets the requirements, which are placed upon it.
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The financial arbitrator of the Czech Republic and similar institutions in selected countries of European union
Gránová, Anna ; Moravec, Tomáš (advisor) ; Andreisová, Lucie (referee)
The Bachelor's thesis deals with the financial arbitrator of the Czech republic and similar institutions in selected countries of European union. The Bachelor's thesis especially describes activity of the financial arbitrator of the Czech republic. The first chapter is focused on the financial arbitrator of the Czech republic. The second chapter is focused on the similar institutions in selected countries of European union. Especially in France, Great Britain, Germany and Poland. The main target of this chapter is to show local specifics or differences in a range of services. The final third chapter evaluates the financial arbitrator of the Czech republic from customer's point of view and presents suggestions to improve the effectiveness of his work.
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Alternative Dispute Resolution
ŠTĚPKOVÁ, Monika
The aim of this work is to analyze the system alternative dispute resolution of cross-border consumer disputes within the EU, Norway and Iceland and the proposal to improve the system. To create this work was done study of theoretical perspectives on alternative dispute resolution of consumer disputes and consumer protection. It was implemented the managed-depth interviews, the analysis of secondary data and the case study. The conclusion was to evaluate all of the data and defined a proposal to improve cross-court resolution of consumer disputes.
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