National Repository of Grey Literature 247 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Real estate brokerage
Prints, Pavlo ; Eichlerová, Kateřina (advisor) ; Hurychová, Klára (referee)
83 Real Estate Brokerage Abstract This thesis deals with the impact of Act No. 39/2020 Coll., on real estate brokerage and on amendments to related acts (Act on Real Estate Brokerage) on the legal status of consumers. The aim of this thesis is to assess the impact of the Real Estate Brokerage Act on the legal status of the consumer and to compare the findings with the previous legislation. The focus of this thesis is on issues relating to the conditions of business activities of real estate agents and the real estate brokerage contract. For the conditions of business activities, I have focused on the issue of impeccability and professional competence of real estate agents. In the case of the real estate brokerage contract, I have dealt with selected legal institutes introduced by the Real Estate Brokerage Act, which are of the nature of the so-called "protection rules". The systematic division of this thesis consists of an introduction, three chapters and a conclusion. The first chapter contains the basic terminology that appears throughout the thesis. The basic terms include the definitions of real estate brokerage, real estate agent and the interested party as a consumer. This chapter includes a brief summary of the history of legal regulation of real estate brokerage in the Czech Republic. The first...
Iura in re aliena to a share in a business corporation (including share incorporated in a security)
Jirásek, Lukáš ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
The diploma thesis revolves around the theme of the conditions of creating a pledge over a share in a business corporation. The author aims to answer the question of which shares in business corporations can be subject to a pledge and under what conditions. Additionally, the work explores how members of individual business corporations can influence these conditions, and to what extent. To achieve this goal, the work is divided into five chapters. The first chapter examines the ability of a share in a corporation to become a pledge from the perspective of civil law. Attention is given to the requirements for the characteristics of pledge set forth in the Civil Code and their reflection in the requirements for creation of a pledge over a share in a corporation. The possibility of incorporating certain shares in a corporation into a security or registered security taken into account. Possible approaches to the applicability of the general regulation of pledge of a share to a security representing a share, are presented. The second chapter deals with the legal prerequisites for the ability of a share in individual business corporations to become a pledge. The material reason for such a setup is examined, especially in cases where legal regulations imply that a share in the respective business...
Obligations associated with shares
Matula, Martin ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
- obligations associated with shares This thesis focuses on the question whether it is possible to associate obligations with shares in addition to rights, with closer attention to the issue of the creation of special obligations - their permissibility, limits and possible specific forms. The thesis aims to provide an unambiguous answer to the question whether obligations can be associated with shares, or more specifically whether it is permissible in the context of corporate law for joint stock companies to create special types of shares, the content of which would be special, unforeseen by law, obligations. In the first part of the thesis, a brief introduction of the obligations that are explicitly linked to shares by law is made, with a little more attention being paid to the elaboration of the duty of loyalty. The main part of the thesis consists of a section focusing on the permissibility of creating special obligations with shares, i.e. obligations that are not expressly provided for by the law. The thesis enters this section through a closer analysis of the issue of surcharges in joint stock companies and the related issue of the surcharge obligation as a share-related obligation. The conclusions from the analysis of the surcharge obligation are then used as clues to the question of the...
Duty of Due Managerial Care in Corporate Law
Petržela, Karel ; Štenglová, Ivanka (advisor) ; Eichlerová, Kateřina (referee) ; Havel, Bohumil (referee)
Duty of Due Managerial Care in Corporate Law Abstract All members of elected corporate bodies are bound by duty of due managerial care. Precise understanding of the content of this elementary obligation is required for legal certainty of those persons, who accept the position of memer of an elected corporate body. This work aims to explain context and historical, economic and legal background of the current duty of due managerial care in corporate law, compare its content with that of comparable duties in selected foreign jurisdictions, review and assess the assumed content of this duty under Czech law having regard to such comparable duties, and to analyze selected consequences and implications of breach of such duty under Czech law. This work reflects on the legal framework in effect as of 28 February 2022 and takes into account also the amendment to the Corporations Act implemented by Act No. 33/2020 Coll. The work is organized into eight chapters (including introduction and conclusion). The research questions are being addressed in chapters 2 through 7 where chapters 2 through 4 are considered key. The second chapter is dedicated to the context, in which the duty of due managerial care exists under Czech law, in particular the historical and economic bacground, and also to general terms and concepts,...
Material Publicity of Commercial Register
Hloušková, Alexandra ; Eichlerová, Kateřina (advisor) ; Hurychová, Klára (referee)
Material Publicity of Commercial Register Abstract The subject of the diploma thesis is the principle of material publicity applicable to persons registered in the commercial register and their obligations resulting from the registration in the Commercial Register to the liable persons within the entrepreneur. The legal regulation of material publicity has changed over time and is now regulated by Act No. 304/2013 on public registers of legal entities and natural persons, which stipulates it for all public registers. The aim of the thesis is to find out if the current legal regulation is sufficient to oblige entrepreneurs in actions made on the basis of incorrect registration in the Commercial Register. In the analytical parts of the thesis, a descriptive method was used, when the interpretation of domestic law was compared with the interpretation of Slovak and German law. Furthermore, the existing legislation was compared with the Czech jurisprudence, which interprets this legislation. On the basis of such comparisons in chapters 2. Contradiction of the record with reality and 3. Contradiction of the record are defined expert opinions on the obligation of the given area towards the obliged persons within the entrepreneur. The thesis is divided into four parts. The first one aims to clarify the concept of...
Property structure of SICAV from the perspective of corporate law
Bezděková, Anna ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
- 1 - Property structure of SICAV from the perspective of corporate law Abstract This thesis focuses on selected property aspects of a joint stock company with variable capital (SICAV), which are analysed from the perspective of corporate law. Specifically, the thesis deals with the institutes of the assets and liabilities (jmění) and capital of a SICAV. A SICAV is a special type (subtype) of joint stock company which can only act as an investment fund. Its regulation can therefore be found in the Investment Companies and Investment Funds Act (zákon o investičních společnostech a investičních fondech). It does not, however, lose the characteristics of a "regular" joint stock company; therefore, the Business Corporations Act (zákon o obchodních korporacích) and, where applicable, the Civil Code (občanský zákoník) apply in cases where Investment Companies and Investment Funds Act does not provide otherwise. This two-tiered subsidiarity of the SICAV legal regime gives rise to some interpretative ambiguities, which are discussed in the thesis. The thesis also provides a general interpretation of the concept of assets and liabilities and capital. First, the thesis discusses the institution of the SICAV's assets and liabilities. This can be broken down into two subsets, namely investment and non-investment...
Unilateral changes in commercial terms
Sagan, Klára ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
Unilateral changes in commercial terms Abstract The subject of this thesis is the issue of unilateral changes in commercial terms in B2C relations, both in general legislation and in sectoral legislation, specifically in the Energy Act. The thesis aims to reveal the gaps in the legal regulation and at the same time to fill these gaps or to offer alternative solutions. The thesis is divided into five chapters. The first two chapters represent the theoretical framework necessary for the following parts of the thesis. The first chapter is devoted to commercial terms as a means of standardization and rationalization of legal relations, in particular their concept in Czech legal system, which is crucial for dealing with related institutes, including unilateral changes. The chapter also briefly discusses the conditions of incorporation of standard terms into a contract as a prerequisite for subsequent amendment of commercial terms. The second chapter defines terms that I consider to be important in relation to unilateral changes to commercial terms. The third chapter finally opens up the issue of unilateral changes in commercial terms from a general point of view. It discusses the systematic classification in the Civil Code (CC), the adherence of the term and the development of the institute. The most important...
Insolvency delicts under the Business Corporations Act
Kuta, Petr ; Hurychová, Klára (advisor) ; Eichlerová, Kateřina (referee)
Insolvency delicts under the Business Corporations Act Abstract The thesis deals with the very up-to-date topic of insolvency delicts under the Business Corporations Act, the legal regulation of which has undergone fundamental conceptual changes in recent years. The amendment of Business Corporations Act (the "amendment")1 brought a completely new form of the actus reus of the insolvency delict, which unified the previously disparate and unjustifiably differentiated legislation. In this context, the procedural aspect of the legislation has also been redesigned by introducing joint proceedings on insolvency delicts, which are now a part of the insolvency proceedings. Additionally, the regulation of insolvency sanctions as liability consequences for the commission of a insolvency delict has also been clarified, with the former sanction of liability for the debts of a bankrupt business corporation being completely replaced by a whole new concept of "liability for lack of property" inspired by French law. These changes to the legislation are set out in the context of the objectives pursued by the amendment and in the light of the general meaning and purpose of the legislation, which is, in particular, to protect the property interests of the creditors of the bankrupt business corporation. The interpretation is...
Shares granting appointment rights in a limited liability company
Szuscik, Roland ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
Shares granting appointment rights in a limited liability company Abstract In a limited liability company, the right to appoint may be attached to and form part of the share. Such a share is a special type of share and is called a share with an appointment right, which entitles its owner to appoint a member of the statutory, supervisory, or optional body of the company, as well as to remove him. The thesis focuses on the conditions for the exercise of the right to appoint and its limits. In addition to the general limits of the autonomy of the will, the thesis focuses on the specific conditions enshrined in the Commercial Corporations Act. The diploma thesis reflects the amendment to the Commercial Corporations Act No. 33/2020 Coll., which resolved the theoretical contradiction and firmly anchored shares with the appointing rights in the Czech legal system and describes the specifics of the exercise of this right and the defence mechanisms of shareholders who do not have the broadcasting right. In addition, the thesis deals with the consequences of failure to meet these criteria, as well as the removal of a member of an elected body who was appointed to office in violation of the law or the articles of association. The right to remove a member of an elected body is primarily vested in the shareholder who...
Types of Shares in a Limited Liability Company established to realise an innovative project
Šťástka, Vojtěch ; Černá, Stanislava (advisor) ; Eichlerová, Kateřina (referee)
Types of Shares in a Limited Liability Company established to realise an innovative project Abstract The research task of this thesis is to analyse and describe the specific challenges related to the possibilities in the Czech Republic of modifying the types of shares in limited liability companies established for the purpose of realising an innovative project in practice referred to as a startup. The aim is therefore to seek answers to the defined theses related to this matter. In the first two chapters, this thesis focuses mainly on the basic legal definition of the concepts related to limited liability companies and their shares in the Czech Republic. The following chapter describes what a startup is and how and by what means innovative projects are realised. The fourth and fifth chapters analyse the historical legal development of the Czech legal regulation of the types of shares in a limited liability company, considering the major changes made to the relevant legislation in the last ten years. The sixth chapter analyses the limits of modification of the rights associated with shares in a limited liability company, including addressing the general limits and focusing on specific rights associated with shares by law, including the right to participate in the general meeting, the right to information,...

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