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Costs of proceedings with respect to contested civil cases
Kuchaříková, Lucie ; Frintová, Dita (advisor) ; Winterová, Alena (referee)
61 Costs of proceedings with respekt to contested civil cases Summary This Master thesis deals with costs of proceedings with respect to contested civil cases. The legal proceedings area is always connected with some expenses. Those are of different nature depending on to whom they occur. They occur, on one hand, to the state in the connection with the securing of its basic functions, which, without any question, includes the running of justice. On the other hand, it occurs to the parties to these proceedings. In the introduction of my thesis the notion of the costs of proceedings is defined, followed by specifications of different kinds of these costs, including its specifics and legal regulations. In the third chapter the duty to pay the expenses of proceedings is shaped. This duty comes into being in the moment of the origination of the costs of proceeding itself. Furthermore the compensation of costs is laid out. This part answers the question who, as the final result, carries the burden of these compensation payments. This text also examines the way the courts make the decisions about the costs of proceedings, including the possibilities and conditions of its adequate reduction. Naturally, the topic of the costs of proceedings about discretionary remedies is also outlined. In the last but one chapter...
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The .EU top-level domain name and third parties rights protection
Blažek, Jiří ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
88 THE .EU TOP-LEVEl DOMAIN NAME AND THIRD PARTIES RIGHTS PROTECTION English summary My graduation thesis deals with the top-level domain .eu, its origins, methods by which it is embodied into legal enactments and mainly about rights relating to the .eu TLD and the extent of protection the holders of such rights could expect. The prologue is focused on the general analysis of the problematic regarding domain name itself, both the technical and legal aspects. Thus in this part you could find information about the function of the domain name, its relation to the IP address and about the categorization made on the basis of the top-level and second-level distinction. There is also description made in this part of the three main TLD groups: a) generic TLDs - .biz, .com, .edu, .gov, .info, .int, .mil, .name, .net, .org, .pro, .aero, .asia, .cat, .coop, .jobs, .mobi, .museum, .tel, .travel, .arpa, b) country code TLDs and c) .eu domain, which probably creates the third group. After common technical description of the domain name there is analogous treatise on the legal aspects of the domain names themselves as well as the description of the position of the entities involved in the legal relations relating to domains. The main part of this work is then composed of the study of the .eu top-level domain. The reader...
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Representation of an enterpreneur in business relations
Deák, Marko ; Horáček, Vít (referee) ; Plíva, Stanislav (advisor)
The purpose of submitted thesis is to analyze current regulation of one of the key institutes of law - institute of representation. The institute is common for different branches of law. The core of representation is mutual for all branches, although several differences appear. Regulation of this institute can be found in substantial as well in procedural law. The thesis focuses at representation of an entrepreneur (also referred to as a businessman) in particular. Duplication of regulation in Civil and Commercial Code results in fact, that appropriate provision of both Codes must be applied for proper interpretation. Institute of representation enables that under certain circumstances a legal person (proxy or authorized representative) can act for other legal person and in the name of other person (principal, mandator or donor of the power). Legal consequences - rights and duties - shall arise directly to the principal. Representation has long history, but contrary to other legal institutes, inspiration can not be found in Roman law, because Roman law did not recognize representation in modern understanding. The institute is very important especially in the world of entrepreneurs, since consequences of representation are crucial for legal status of entrepreneur himself, because the rights and...
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Business share in a limited liability company as a subject-matter of legal relations
Komárková, Dita ; Čech, Petr (advisor) ; Štenglová, Ivana (referee)
The limited liability company is the most using form of company in the Czech Republic. The share of the limited liability company is the most important instrument of the company. The member of the limited liability company participates on a business of the company through the share. If the company is successful in business, the member can obtain not little amount of money from the share of a profit. That's why the shares are object of the business interests of natural persons and legal entities. This work is devoted to a contract for the transfer of the share in the limited liability company and a transfer of the share in the limited liability company. The legal regulation is in the part two of the Commercial Code and it's very concise. Because of the conciseness there is a lot of questions that stay without answers. Judicial decisions give many answers about a contract for the transfer of the share in the limited liability company and the transfer of the share in the limited liability company in recent years. At the beginning of the work the author focuses on defining the object of a contract for the transfer of the share in the limited liability company. She determines the qualitative and quantitative aspects of the share. The share includes rights and duties which result from the participation in a...
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Comparison of Civil and Common law in the area of chosen criminal offences
Vojáček, Jan ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the comparison of Criminal law of two dominant legal systems. The goal of this thesis is to disclose a difference between criminal rules of law of Civil and Common law. At the beginning there is an adumbration of historical evolution of both legal systems and also reasons, why both systems evolved differently. Afterwards individual diversities of both legal systems are mentioned, mainly in the area of criminal law. Next part of the thesis is devoted to recent criminal regulations. With regard to its extensiveness, this bachelor thesis deals only with Czech and English criminal law. It also deals with the structure of division of criminal offence and solves the question, whether it is better to codify the criminal law or not. Last part of this thesis is to compare the criminal offences. This part contains six criminal offences, which interfere with many areas of human life, including murder, fraud or blackmail.
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The Institution of the Right to Build and its Occurrence in the Czech Legal System
Dostálek, Pavel ; Frintová, Dita (referee) ; Mikeš, Jiří (advisor)
Právo stavby je právním institutem se zajímavou historií. Jeho počátky nacházíme již v římském právu, do našeho právního řádu byl po pozitivních zkušenostech v okolních zemích zaveden zákonem č. 86/1912 říšského zákoníku. Právo stavby rozšířilo okruh věcných práv k nemovitostem, přineslo zcela novou možnost zřídit trvalou stavbu na cizím pozemku v období, kdy v právním řádu byla plně zakořeněná zásada jednoty pozemku a stavby. Diplomová práce postihuje vývoj tohoto institutu v našem právním řádu a za pomoci výkladu jednotlivých ustanovení zákona přispět k jeho lepšímu pochopení. Zachycuje také dobové souvislosti a jejich vliv na využití institutu a s ohledem na postupný vývoj občanského práva v průběhu minulého století poukazují na vzájemné souvislosti věcných práv k nemovitostem.
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The Probation and Mediation Service in the Practice of the Czech Republic
Veselá, Kateřina ; Hájková, Ivana (advisor) ; Zdeněk, Zdeněk (referee)
Probation and mediation service is an institution which has been gaining increasingly vital and important position in the field of criminal law. The service focuses on a very wide range of subjects and its activities aim not only to monitor but also to help. It realizes the execution of alternative sentences and also shows activity in pre-trial proceedings and in proceedings before the court decision. It cooperates with many different organizations, it is involved in many projects. For criminal justice it has become an essential and equal partner in dealing with the consequences of crimes committed by both adult offenders and juveniles. It contributes to the favourable development of the re-education of accused and convicted people, supervises proper execution of sentenced alternative punishments and the achievement of their purpose. It makes sure that the collective process was fulfilled to deal with all the adverse consequences of illegal acts of the offenders and that the victims utilize their legal rights and entitlements. Probation and mediation service provides a comprehensive view of both criminal activities and the personalities of offenders.
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Flat owners association
Zemková, Lucie ; Kadlecová, Eva (advisor) ; Hájková, Ivana (referee)
This thesis is focused on the ownership of flats in the Czech Republic, which from
1.1. 2014 is governed by Act no. 89/2012 Coll., Civil Code, as amended, focusing on the
specific type of legal entity, which is the apartment owners.
The theoretical part is an analysis of the basic characteristics of the flat owner
association, it describe its main activity, the formation and cessation, the power of
statutory authorities and finally the rights and obligations of its members. This thesis is
focussed on the changes introduced by the new civil code.
The practical part is devoted to the the analysis and evaluation of the survey results with
the objective to find out how the flat owners association works in reality in a specific area.
The focus was on the most frequent problems they face and an indication of the possible
solutions. Further the thesis also points out the most common errors that occur in the
appliocation of the new civil code no. 89/2012 Coll.
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Enhancing qualification of employees and their motivation to improve working activities in business
Pájecká, Nikola ; Tomšíková, Kateřina (advisor) ; Lenka, Lenka (referee)
The Bachelor´s Thesis Enhancing qualification of employees and their motivation to improve working activities in business analyses corporate education and employee motivation for good work performance. The theoretical part is based on studies in specialized literature. It defines basic terms such as inner and outer motivation, employee education, qualification and competence. Research in the practical part was done in the form of questionnaire survey. Respondents for this survey were the employees of Exekutorský úřad Praha 6. The results of the survey show that the employees are not satisfied with the motivational program of Exekutorský úřad. According to the employees the current corporate education system is satisfactory. However, they would like to have the possibility of external training for reviewing and improving their legal knowledge in the area of writ of execution.
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