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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Tryzna, Jan (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Putative and invalid termination of employment by the employee
Halalová, Veronika ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Putative and invalid termination of employment by the employee Abstract The aim of this diploma thesis was to provide the reader with a comprehensive explanation of the issue of putative and invalid termination of employment by the employee and to offer a suitable procedure for resolving such a situation, which the employer could use in these cases. For this purpose, this thesis was divided into four main chapters. The first of them is devoted to a brief definition of the relationship between the Labor Code and the Civil Code, its development in recent years, as well as the definition of the terms employment relationship, its termination and dismissal. Through this introduction to the issue, the exact scope of this thesis is defined, ie the putativeness and invalidity of juridical acts by which the employee unilaterally terminates the employment relationship, namely dismissal, immediate termination and termination of employment during the probationary period. The second chapter deals with juridical acts and their defects. First, the individual conceptual features and subsequently also the requisites of the juridical act are thoroughly analyzed, so that it is possible to deal in detail with individual cases of putativeness and invalidity of termination of employment, and then the concepts of putativeness and...
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Theoretical concept of legal acts of juristic person
Holcová, Eliška ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
Theoretical concept of legal acts of juristic person Abstract This diploma thesis aims to analyze the legal acts of juristic persons from a theoretical point of view and also what practical implications this concept brings. It is divided into three chapters, while the first chapter is divided into three subchapters and is devoted to basic concepts in law and their concept in connection with juristic person. The first subchapter deals with legal personality, especially the subjectivity of a juristic person. The second subchapter deals with legal acts and how legal acts differs from behavior. The third subchapter focuses on legal capacity. Particular emphasis is placed on the legal capacity of juristic persons and on whether it is possible to speak of legal capacity in their context. The second chapter is divided into two subchapters. The first subchapter concerns the development of the very concept of a juristic person. The second subchapter describes selected theories of juristic persons. These are theories of will, interest, combined and modern theories, with emphasis on the theory of fiction and organic theory. The conclusion of the second chapter consists of a treatise on how the theory of fiction and organic theory have been reflected in the Czech legal system over time. The third chapter deals with...
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Acting on behalf of a legal entity
Čápová, Martina ; Dvořák, Jan (advisor) ; Lederer, Vít (referee)
Acting on behalf of a legal entity Abstract The rigorous thesis deals with acting on behalf of a legal entity after the recodification of private law. This recodification has brought a number of changes which is not different in the area of acting on behalf of a legal entity as well. The concept of a legal entity as a fictitious subject of law is intertwined with the whole concept of the institute of acting on behalf of a legal entity. The content of the thesis is structured into seven main chapters, which are elaborated in more detail in subchapters. After the introduction, which clarifies the reason for choosing the topic of this work and it's outline, in the first chapter I deal to a general and necessary extent with basic terminology related to the topic of the work and then the legal proceedings themselves. The second chapter is devoted to a general description of legal entities, theories applied to the concept of legal entities and the basic division of legal forms of legal entities in our private law, not only in o.z., but also in ZOK. In the third chapter I approach the basic topic of this work, ie acting on behalf of a legal entity. I have divided this chapter into a general introduction to the actions of a legal entity in relation to representation and actions prior to the establishment of a legal...
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Non-existence as a new institution of Czech law
Bláha, Václav ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Non-existence as a new institution of Czech law Abstract The aim of the thesis is to examine the institute of non-existence which is new in the Czech law. Therefore, the beginning of the thesis is arranged in order to make clear the chronological development of civil law in terms of wrongful conduct and/or wrongful legal act sanctions. Historically, the General Civil Code (ABGB) is of particular relevance. ABGB was an important civil code not only on our territory but also in Austria and other countries of the former Habsburg Monarchy. While the original text of this Code sanctioned wrongful legal acts by invalidity ("Ungültigkeit"), the 1916 amendment introduced another term into the Code, taken from the German Civil Code (BGB), and namely "Nichtigkeit". Although this term means "invalidity" as well, it was mistakenly translated into Czech by the word "nicotnost" (literally "nothingness" in English). In the thesis, the legal situation in the period from 1948 till 2014 is discussed briefly, mentioning in particular the Family Act which, commencing from 1998, included, in addition to the term "invalidity" (of marriage), also the term "non-existence" (of marriage) stating that no marriage is formed in these cases. The following part of the thesis deals with the applicable law. The problems of legal act, its...
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Forms of legal acts
Karim, Martin ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
99 Name of the rigorosum thesis, abstract and keywords Name of the rigorosum thesis: Forms of legal acts This rigorosum thesis deals with the forms of legal acts. Main subjects of the research were interpretative challenges, French Code Civil and German BGB. Methodological approaches used while writing this thesis were mostly the analytical, synthetical, normative and comparative. In the beginning, the author has analyzed legislature, case law and opinions of the legal doctrine. Then, the ascertained facts were scientifically described in a scientific description using a synthetic method. Finally, these were normatively commented on and the Czech legislature was compared foreign ones. The first chapter titled Legal acts and its forms is a general introduction into the subject matter and it presents traditional forms and new forms and elements. Attention is also paid to the fundamental question of changing the content of a legal act utilizing a form different from the original one. In the first part of the thesis, attention was paid to traditional forms of legal acts. The first part consists mainly of chapters 2. Oral legal acts, 3. Written legal acts and 4. Implied legal acts. In all these chapters, the development of legal regulations, application practice and the comparison of the current domestic...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Mistake in civil law
Havlín, Tomáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
(Mistake in civil law) The submitted diploma thesis deals with the problematic of mistake in civil law as a form of vitiated consent. Pivotal provisions are present in § 583-585 of the act No. 89/2012 Coll., civil law. In the introduction of the thesis we can find general issues of legal action, with more detailed description of will, its characteristics, manifestation of the will and their relation to each other, as these essentials of legal actions are instrumental for the purpose of this thesis. Next chapter focuses on the main issue, mistake as it defines it in two separate ways, that is discrepancy between the genuine will of the acting person and manifestation of the will, secondly as a defect of the will. Main focus of the thesis lies within the latter case, discrepancy between genuine will of the acting person is only mentioned briefly. Afterwards the thesis focuses on different types of mistake as corresponding to the provisions in the act No. 89/2012 Coll., civil law. Special focus is put on the term decisive circumstance, necessity of participation of other party and excusable mistake, as well as extract about the mistake induced by deception. Following chapter is centred around subsidiary circumstance and how to distinguish it from a decisive one. Afterwards the thesis mentions other...
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A governing body acting beyond its powers
Koráb, Jan ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Name: A governing body acting beyond its powers Recodification of civil law has changed the way in which business corporations have been acting. Governing body members are currently representing trade corporations as its representatives. This shift, which is that governing body members became the representatives of business corporations opened the possibility of discussion about the nature of authorization of governing body to act on behalf of the trade corporation and about the possibility of acting beyond its powers. My thesis was called "A governing body acting beyond its powers". I used as a base for this work the wide authorization that governing body possesses in acting on behalf of the trade corporation and its possible limitations by law. Work has been divided into following main chapters. In the chapter dedicated to the basic terms I wrote about the definiton of governing body, the legal capacity of a legal person and character of governing body acting on behalf of the trade corporation, which is according to me sui generis. Another chapter was devoted to the possibility of acting beyond its powers. Inner division of this chapter is based whether the consequences of acting beyond its powers applies only inside or outside as well. The chapter about the proper form of acts on behalf of trade...
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