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Unjust enrichment under business law
Jančařík, Ondřej ; Horáček, Vít (advisor) ; Čech, Petr (referee)
1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.
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Unjust enrichment under business law
Keltner, Miloslav ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Unjust enrichment under business law The aim of this work is to analyze the unjust enrichment with its overlap to commercial law. The introduction of the text summarizes the historical development of unjust enrichment from ancient Roman law provisions, including the Austrian General Civil Code and the Civil Code from 1950 up to the history of the currently effective codex published under no. 40/1964 Coll. This historical analysis points out certain analogies with the current regulation and the development of elements that are the foundation of today's unjust enrichment legislation. The following part of the work contains analysis of the current de lege lata legislation of unjust enrichment in the commercial law, the subsequent part constitutes the crucial part of this work that is concerned directly with unjust enrichment in the commercial law. First, it analyses the term of business contractual obligations, then it analyses the relationship between the Civil Code and the Commercial Code and finally it sums up the expert discussion relating to the unjust enrichment in the commercial law and subsequently the author presents his personal view of the problem and the effects of the unjust enrichment, especially on the question of limitation period, are considered briefly. The final chapter consists...
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Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
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Social favours and other liberalities in Czech private law
Pražák, Petr ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This thesis is focused on voluntary acts of generosity that do not give rise to any mutual obligation (liberalities), but which are, however, often very similar to it. This thesis first concentrates on the concept of liberalities in the existing literature and case law. The results from this search show that liberalities have not been given much attention so far and that even basic conceptual issues, such as relationship between liberalities and main institutes of private law (juridical acts, contracts, obligations), have not been properly resolved. According to some concepts, liberalities are acts of low pecuniary value and have no legal consequences (and hence no legal significance), while, according to other concepts, liberalities may have high pecuniary value and legal significance. According to some concepts, the expressed intention of the acting person and its perception by the addressee is decisive to distinguish liberalities from obligations (or juridical acts), while, according to other concepts, the objective circumstances in which the persons act are decisive. Last but not least, this thesis focuses on the precarious loan. For a long period of time, the precarious loan has been non-binding agreement. However, since the entry into force of the Act No. 89/2012 Coll., it is systematically...
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Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
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The burden of proof in the disputes for unjust enrichment
Dobrovičová, Michaela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 The burden of proof in the disputes for unjust enrichment Abstract This diploma thesis deals with the institute of the burden of proof. Its aim is to analyse the distribution of the burden of proof in disputes for unjust enrichment. The thesis consists of an introduction, four main chapters, which are further internally divided and the conclusion. The introduction is focused mainly on the reasons of author's choice of the topic. The first chapter contains the general characteristics and interpretation of key concepts as well as related institutes, whose basic knowledge will be a key to other parts of the text. It explains the differences between the concepts of proof, counter-proof and objection. It then analyses the standard of proof needed to prove certain facts. It also describes the state of non liquet and analyses the individual procedural obligations and burdens of the parties. The subject of the second chapter of the thesis is the term of the burden of proof, which can be divided into the objective and subjective burden of proof. The subjective burden of proof can be further subdivided into the abstract and concrete burden of proof. The chapter goes on to analyse selected theories of distribution of the burden of proof, while not neglecting the negative theory of proof. In the partial conclusion,...
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Usurious contracts within the context of civil law
Šejdová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...
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Unjust enrichment in business law
Koláček, Michal ; Horáček, Vít (advisor) ; Čech, Petr (referee)
The thesis analyses the legal concept of unjust enrichment in business law. General legal regulation of unjust enrichment itself has never been included in Commercial Code though it had to be interpreted according to the general regulation contained in the Civil Code. This conception remained unchanged even after the re-codification of civil law, which abolished the Commercial Code, thus we no longer need to differentiate between legal relationships which are of a commercial nature and those which are not. The conclusions reached by the Supreme Court in correlation with the previous legislation cannot be completely abandoned - based on the transitional provisions of the Civil Code - the preceding legislation, and therefore the conclusions of the case law relating thereto, remain applicable. The thesis analyses unjust enrichment, mainly from the perspective of civil law. The commercial aspect is provided in comparison to the previous legislation which focuses on the specifics or application problems in relation to unjust enrichment that have arisen in commercial law. For this purpose, the thesis deals with related legal concepts such as limitation of claims resulting from unjust enrichment, the invalidity of legal acts, etc. The thesis consists of five chapters. The first chapter analyses the...
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Unjust enrichment in business law
Vydrová, Zuzana ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws with particular specialization, but these laws are not subject of this thesis. For these laws the subsidiary legislation is included in the civil code., therefore this thesis focuses on the general regulation of unjust enrichment included in the civil code. Further the thesis continues with a historical development of both business law and unjust enrichment. The historical view begins with roman law, continues with the regulation of unjust enrichment under the ABGB and ends with regulation under the so. socialist law. Further in the text is referred to the historical chapter to facilitate understanding of a present regulation. Next chapter of the thesis describes the current regulation of unjust enrichment, mainly under the civil code, and from the reason mentioned above it is not going into the particular...
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Collective administration of copyright, focusing on the unjust enrichment from the collective rights manager's point of view
Palička, Jan ; Wünschová Pujmanová, Alexandra (advisor) ; Dobřichovský, Tomáš (referee)
Collective administration of copyright, focusing on the unjust enrichment from the collective rights manager's point of view Key words: Collective administration, copyright, unjust enrichment This master's thesis is focused on the collective management of copyright in the Czech Republic and it especially focuses on the issue of claiming an unjust enrichment from the colletive administrator's perspective. The main aim of the theses is to introduce the aforementioned and systematically discuss the legal adjustments and the functioning of the institutions on both theoretical and practical levels. The theses is divided into two imaginary halves, the first half focuses on the collective administration of copyright in general terms, the second half deals with the enforcement of unjust enrichment by the collective administrator itself. The thesis is divided into ten chapters. The first chapter deals with the basic definitions of the concept of collective administration and it's inclusion into the Czech legal system as well as the definitions of the basic concepts and issues used in this area of law. The second chapter briefly discusses the history of collective administration in the world as well as in the Czech Republic. The third chapter describes the rights which are the subject of collective...
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