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Liability of Supervisory Board
Toman, Antonín ; Hejda, Jan (advisor) ; Přibyl, Karel (referee)
This thesis deals with civil liability of the Supervisory Board and its members for breaching his duties. Emphasis is placed on responsibility and legal relationship, whose content is obligation to pay damages, between Supervisory Board and its member and business companies (in the new terminology "business corporation"). This thesis is dealing at first with the legal anchoring of the Supervisory Board as such, the creation and termination of the Supervisory Board and the definition of its living space not only in the relation to corporation, but also to individual shareholders, General Assembly and of course to the Board - including their mutual rights and responsibilities. Thesis is crossed by author's intention to evaluate the active legislation, whose legislative life is coming to an end, and on the basis of that to comment upcoming legislation that at least brings a fresh wind to the corporate life. Shortly is discussed upon by the factual impossibility to prosecute members of the Supervisory Board for crimes associated with their performance.
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The Principle of Concentration in Civil Proceedings
Onderková, Kristýna ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...
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The Regional Assembly and committee in South Bohemia
Petrů, Alexandra ; Mates, Pavel (advisor) ; Louda, Tomáš (referee)
This work deals with an assembly as a main body in the South Bohemian Region. The objective of this work is to analyze its role in legal regularization. The first chapter pursues genesis of regions. The second chapter edits region election, election returns in each regular term and their interpretation. Then the work attends to right and duty of Assembly members. The next part of this work is making decisions in the Assembly in the Region. The last part follows the committees of the Regional Assembly -- important consultative bodies for the Regional Assembly.
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International trademark protection
Hubáčková, Kristýna ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee)
The diploma thesis gives the view of international trademark protection chiefly through its legal regulation in international agreements and through regulation' s application to the praxis. The thesis is divided according to particular sorts of rights (trademarks, marks of origin, unsigned marks), it consider their concrete regulation, international organizations protecting the rights and trademarks rights enforcement. The aim of the diploma thesis is to explain and to show the basic principles of international trademark protection functioning on concrete cases and decisions and therefore to offer the help to those subjects, who need to orientate themselves at the area of international trademark protection.
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Conscientious objection in European law
Dušek, Petr ; Scheu, Harald Christian (advisor) ; Wintr, Jan (referee)
This thesis is aimed on the social phenomenon of conscientious objection, its theoretical perception as a legal concept and application in the real world, in particular by the supranational protection of human rights in the European area. Priority concern will be given to the transposition of the general assessments to the special "habitat" of EU law. The basis of the study is built on an analysis of definitions and categories refined by the doctrine and reinforced by the roots of natural law, both of which also serve to determine the methodology and legal perception of conscientious objection. A short study of the Czech law then follows to "pump the theory in legal veins". Large part of the thesis addresses the case law adopted by the European Court of Human Rights which serves as an inspiration and authority for the Union and its Member States. Abstracting the main trends in ECtHR reasoning the thesis draws basic limits laid down by the international protection. It also concludes that the Convention (ECHR) does not preclude developing its own pro or contra- objection approach by the EU institutions. It is, however, supposed to have a great impact on the Unions' legal "technique" in the field of the freedom of thought, conscience and religion. In the context of EU law the special nature of the...
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Selected legal issues of international passenger transport
Vosátková, Karolina ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Selected legal issues of international passenger transport The topic of the diploma thesis is 'selected legal issues of international passenger transport'. The aim of the thesis is to analyse the issues of substantive law related to the liability of carriers and rights of passengers in the international rail, road and air transport. The thesis focuses on applicable legislation of liability of carriers and rights of passengers, but also deals with the legislation proposed pro futuro. The diploma thesis is divided into seven chapters, further divided into subchapters. In the introduction the thesis defines the term 'international passenger transport' and summarises its key legal sources. Further, it addresses the conflict of law rules applicable to the contract on international passenger transport. The core of the thesis is in the following chapters that deal with the direct substantive rules governing the liability of carriers and rights of passengers in individual types of transport, which are contained especially in multilateral international conventions and secondary legislation of the European Union. The conclusion of the thesis summarises and assesses the analysed legal issues in the researched legislation. The first, opening chapter contains the introduction to the topic of legislation related...
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Principles of the Land Register Keeping
Nunvářová, Marie ; Pertl, Marek (referee) ; Tesařová, Zdeňka (advisor)
This master’s thesis deals with the basic principles of the Land Register. It compares establishment of principles in the previous legal regulation in effect until the end of year 2013 with the new legislation effective from the 1st of January 2014, when the new Civil Code No. 89/2012 Coll. and the new Cadastral Law No. 256/2013 Coll. entered into force. The new Civil Code brings large changes in the recodification of private law. Some important changes are related to the topic of this thesis, it changes the definition of immovable property, expands the range of rights registered in the cadastre and significantly affects the principles of the Land Register. The thesis explains the principles and searches for the most significant changes brought by the new legislation. Furthermore the thesis also discusses the status of the property owner. So it focuses mainly on the principle of material publicity related to the protection of good faith. The conclusion summarizes the most important changes in legislation that significantly affected the principles of the Land Register and assurance of the correct acquisition of property rights.
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Liquidation of business corporations in the Czech republic
Ješutová, Tereza ; Vomáčková, Hana (advisor) ; Randáková, Monika (referee)
This thesis deals with the liquidation of business corporations in the Czech Republic. The whole course of the liquidation from voluntary decision itself to deletion from the Commercial Register is considered from the financial, tax and legal perspective. There are descripted the duties and rights of the liquidator and the possibility of transition from liquidation in insolvency proceedings. The findings are in the practical part demonstrated on concrete examples selected from the Commercial Register.
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Contract for work in construction
Šťásková, Kamila ; Pohl, Tomáš (advisor) ; Elischer, David (referee)
The main aim of this diploma thesis is to analyze the legal regulation of contract of work in construction industry, especially the regulation contained in the Act No. 89/2012 Coll., the Civil Code. I also focused on main changes connected with passing the new Civil Code and I clarified the essence of some new legal institutions. This thesis is divided into 9 chapters; some of them are further divided into minor sections. Besides that the thesis includes Content, Index of Abbreviations and Bibliography. First chapter focuses on setting the aim of this thesis and then the historical context of contract of work, its development from the antiquity to concurrence. Contemporary regulation of contract for work is being compared to the contract of purchase and I describe the essentials of contract for work, in particular contracting parties, their rights and duties and the subject of work. In the fourth chapter I focus on the finalization and disposition of the work, according to the Civil Code the work is finished only if it is proven that it can be used for its purpose. Next I analyze the price of the work and options that can be agreed by the contract parties in terms of the price and the payments. Regarding the price I also describe retentive price, penalties and the institute of price cut in the next...
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