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Invalidity of Arbitration Clauses - Development of Case Law and Practikal Implications
Číhal, Jan ; Pohl, Tomáš (referee)
This diploma thesis mostly analyses case law, concerning invalidity of arbitration clauses. The thesis analyses how the courts have been dealing with key arbitration issues which arose in recent years. The diploma thesis defines common reasons for arbitration clauses' invalidity and points out the current case law's conclusions. The thesis also stresses the implications of arbitration clause's invalidity on enforcement and insolvency proceedings and points out problematical aspects of the current case law.
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Ochrana spotřebitele před nekalosoutěžními praktikami
Necidová, Jana
Diploma thesis describes the problems with non-compulsive practices against the consumer. Literary research provides a comprehensive overview of the basic terms as a general clause, competition, unfair competition and the facts of unfair competition and consumer protection. The second partdescribes specific unfair practises used to promote products or services on the Internet. To compare and evaluate the conclusion of this thesis, specific case laws are assigned to the unfair business practices. The last part of the thesis consists of a survey and its analysis for more comprehensive understanding of the issue. Conclusions and recommendations are made.
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Timesharing v evropském a českém právu a jeho vazby na rozvoj cestovního ruchu - právně- ekonomické souvislosti
Kružík, Adam
The bachelor thesis discusses the regulation of timesharing in European law and transposition legislation. The literary research describes the emergence and development of timesharing and the law that regulates this phenomenon. In the main part of the thesis the development of legal regulation and transposition into Czech legislation is evaluated. Furthermore, real consumer contracts are described. The Conclusion contains suggestions and recommendations for increasing the effectiveness of consumer protection.
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Uzavírání distančních spotřebitelských smluv z pohledu podnikatele
Baltabayev, Ilyas
Baltabayev, I. Conclusion of distant consumer contracts at a distance from the point of view of the entrepreneur. Bachelor thesis. Brno: Mendel University in Brno, 2016. This bachelor thesis contemplates consumer contracts concluded at a distance with a specific focus on internet-based shopping. Throughout this thesis, the is-sues of legal regulation of consumer contracts are explored, with a particular fo-cus on long-distance commercial contracts. The general obligations of suppliers arising under commercial contracts, and their specific obligations arising under contracts concluded at a distance are both discussed. Particular attention is paid to the issue of unfair competition, which is detrimental to other competitors in the marketplace, as well as to customers. This work also addresses the conclusion of distance contracts between two enterprises. The commercial terms, the modes of transport and payment, the conditions for making claims, and the conditions for returning the goods of a particular e-shop are analysed in this work. The main objective of the thesis is to compile a summary of recommendations for a busi-ness based on an analysis of its activities.
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Směrnice EP a Rady 2015/2302 a její implementace do českého práva – dopad na činnost CK
Přibylová, Miloslava
PŘIBYLOVÁ, M. Directive (EU) 2015/2302 of the Europian parliament and of the Council and imlementation to legislation of Czech republic – impact on travel agency activities. Bachelor thesis. Brno: Mendel University in Brno, 2018. This bachelor thesis deals with implementation of Directive (EU) 2015/2302 of the Europian parliament and of the Council on package travel and linked travel arrangements to the legislation of Czech republic, its impact on travel agancies and target client. The first part describes legal framework of customer protection in EU and CZ, theoretical transposition of directive to the legislation of the Czech Republic and possible associated problems that might follow. The second part explains reasons of necessity of amendment to the act, main differences against directive 90/314/ECC, influenced areas and impact on travel agency activities.
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Ochrana spotřebitele v oblasti práv z vadného plnění
Kropáčková, Hana
The Diploma thesis deals with consumer protection in the field of rights from defective performance. The literature review contains the rights and obligations of entrepreneurs and consumers in the field of rights from defective performance in the sale of goods in the shop, definition of defective performance and types of defects. The terms that are related to the topic are also listed and explained. The practical part of the Diploma thesis is consisted of survey among the inhabitants of the Czech Republic and in-depth interviews aimed at identifying consumer behaviour and expectations in this field. For business companies there are recommendations that result from the survey and in-depth interviews.
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Internet business transactions with an international element
Škrabka, Jan ; Brodec, Jan (advisor) ; Pfeiffer, Magdalena (referee)
91 Internet business transactions with an international element Abstract The internet is a relatively new phenomenon that emerged a few decades ago. Since that, the importance of the internet was growing, and it has become a tool that the majority of people use every day. Therefore, the legal regulation needed to react to this expansion, and some legal concepts emerged, whereas the other ones were developed to reflect social relationships and business transactions on the internet. Similarly, the concept of consumer protection needed to reflect the changes as well. This thesis examines internet business transactions with an international element, focusing mainly on the aspects of consumer protection in such transactions. The aim of this thesis is to provide the answers to the research question and following hypotheses. The research question set in this thesis stands as follows: "Does the legislation analyzed provide adequate consumer protection within the context of international business transactions over the internet." The thesis uses mainly the method of analysis, but also comparative method, method of synthesis or descriptive method. The thesis is divided into the following chapters: introduction, which provides the reader with a research question and methodology. The next chapter focuses on the...
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Legal regulation of content of B2C contracts (from the perspective of consumer protection)
Opolzerová, Kristýna ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
1 Legal regulation of content of B2C contracts (from the perspective of consumer protection) Abstract This diploma thesis is dedicated to the legal regulation of the content of the consumer contract from the perspective of the consumer. In particular, the thesis is aimed at the adjustment of the unfair terms regulation which analyses profoundly. The transposition of the European regulation and possible shortcomings are evaluated. The thesis is divided into six main chapters, which develop the topic from general basics to the specific aspects of the consumer protection against unfair terms used by the entrepreneurs. The first chapter deals with the consumer protection in general, presents the main characteristics of consumer law and outlines the most important sources of legal regulation, including constitutional principles. The second part specifies the essential definitions related to the topic and used throughout the diploma thesis. The emphasis is given to the problems associated with the concepts of consumer contracts and entrepreneurs and consumers as contractual parties. The third chapter looks id detail into the subject of unfair terms when it comprehensively deals with the general definition of unfair clauses in the Unfair Terms Directive and the Civil Code. The emphasis is given to the each...
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The Internet and Private international law
Bederka, Pavel ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
VIII Abstract The Internet and private international law This master's thesis deals with the current state and future development of the concept of digital content in the law of European union. A brief history concerning the Brussels- and Rome- community conventions and their replacement with the current regulations is presented in the first part of the thesis, along with several interesting cases of the Court of Justice of the European union. A model international consumer contract for supply of digital content concluded over the internet is used in conjunction with the Pammer/Alpenhof case in order to demonstrate the concept of directed activity within the meaning of the Brussels I recast and Rome I regulations. Next, the Falco and Usedsoft decisions are analyzed, along with possible consequences of the asserted exhaustion of intellectual property rights after first transfer of an intangible copy of copyrighted software, and the implications thereof. Subsequently a short theoretical digression is made to dissect the notion of goods as used by the UN convention on contracts for international sales of goods, in order to determine the limits of the convention vis-à-vis intangibles. The Vienna convention also presents a useful mirror to the (now dead) proposal for Common European sales law (CESL), as the...
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Regulation of Television Advertising
Böhmová, Alžběta ; Köpplová, Barbara (advisor) ; Benda, Josef (referee)
The topic of this bachelor thesis is television advertising and its regulation in the Czech Republic. Its aim is to provide a comprehensive overview of current television advertising regulation and demonstrate it in practice. The thesis is divided into four parts. The first part focuses on the history of advertising and its regulation in this country, from its beginnings in the Austria-Hungary era up until today. Its second part contains an overview of present legal regulation of television advertising, beginning with a review of the impact of European law on the law in the Czech Republic followed by a breakdown of applicable statutes from the area of private law as well as public law, with a focus on unfair competition in relation to the former. The third part discusses the existence and functioning of the Council for Radio and Television Broadcasting and the Czech Advertising Standards Council. The fourth and final part focuses on advertising regulation in practice by demonstrating the application of legal standards and the work of the respective institutions on several real-life cases from the area of Czech television advertising.
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