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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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Comparative advertisemenet - the development of its regulation in Czech law
Šmukařová, Kateřina ; Eichlerová, Kateřina (referee) ; Horáček, Vít (advisor)
Resumé The aim of the thesis "Comparative advertising - the development of its regulation in Czech law" is to analyze the development of comparative advertising in the Czech legislation, to make a comparison with the EU legislation and to examine development trends in comparative advertising. The thesis is divided into four key parts. First part discusses general issues of comparative advertising, ways of comparison in advertising, understanding of comparative advertising in the past and general regulation of advertising. Second part of the thesis analyses development trends in the Czech regulation of comparative advertising. This part analyzes two key phases - understanding of comparative advertising before and after accepting the amendment of the Commercial Code (1st January 2001) that introduced explicit regulation of comparative advertising. The thesis evaluates compatibility of conditions of permeability in the Commercial Code to the ones in the EU directive, assesses strictness of the conditions and examines the relationship of comparative advertising to other explicitly regulated types of the unfair competition in the Commercial Code. In relation to the requirement of the single regulation of the comparative advertising in the EU it is possible to evaluate the regulation in the Commercial Code -...
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The relationship between the lawyer and his client under the contract of mandate
Čech, František ; Horáček, Vít (referee) ; Patěk, Daniel (advisor)
Relationship between client and attorney-at-law according to mandate contract Resume This thesis examines the legal relationship between a client and an attorney-at-law who conclude a mandate contract. Its aim is to characterize the most important rights and obligations which arise in such a relationship in accordance with valid Czech legislation, judicial decisions and disciplinary practice of the Czech Bar Association. The thesis begins with a description of the special role of attorneys-at-law in the market of legal services among other professions that are involved in provision of these services. Then it focuses on the legal nature of a commercial mandate contract, its comparison with a civil mandate contract according to Czech law, and examines whether such differences in fact have any impact on the rights and obligations in the client and attorney-at-law relationship. After a short analysis of the possible legal causes of a creation of the legal relationship between a client and an attorney-at-law and I focus on the different rights and obligations which are the content of the relationship. I start with a description of the attorney's-at-law right for remuneration and the limits of this right, where I notice the different legal views towards a success fee. Then I explain the attorney's-at-law duty to...
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The scope of liability to damages under the Commercial Code
Pelánková, Iveta ; Plíva, Stanislav (advisor) ; Horáček, Vít (referee)
- 105 - Extent of duty of damages according to the Commercial Code - Summary The purpose of my thesis is to analyse the question whether or not it is possible to waive a claim of damages according to the Commercial Code. It is a controversial topic because one part of legal theory (strict interpretation) adjudicates an opinion that it is in compliance with the law and other part (liberal interpretation) says that it is not. I introduces various opinions in my thesis and I explains why I think that such the opinion is (or is not) wise and useful in practise. I personally adjudicates the opinion that it is in compliance with the Commercial Code to waive a claim of damages by the way of mutual agreement with respect to the subject-matter of fulfilment. The thesis is composed of seven chapters, each of them is dealing with different aspects of the abovementioned question. Chapter One is introductory and defines the thesis matter as a topical problem. The chapter is subdivided into two parts. Part One describes my aims which I would like to reach in the thesis and it explains two basic views of the possibility to change the extent of duty of damages. Part Two deals with partial issues subsequently discussed in the thesis. Chapter Two examines relevant Czech legislation which is generally refered to a right of...
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Industrial designs
Zborovská, Sylva ; Slováková, Zuzana (advisor) ; Horáček, Vít (referee)
75 Industrial Designs The aim of the thesis is to analyze this very actual issue at present. The reason for my research is to find out the outcome of the transposition of DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 October 1998 on the legal protection of designs and into the Czech legal regulation of designs and its impact. The thesis is composed of ten chapters, each of them dealing with different aspects of industrial designs. Chapter One is introductory and defines basic terminology used in the thesis, methods of interpretation and used in analyse and legal sources used. Chapter Two examines the notion of industrial design and legal sources concerning the legal regulation. The chapter consists of two parts. Part One focuses on the notion of industrial design and legal sources generally. Part Two focuses on international, European and Czech legal sources and history of the legal regulation. Chapter examines the subject of protection and focuses on conditions of protection, protection of complex products and on disclosure. Chapter Four concentrates on the scope of protection and the term of protection. Chapter Five examines right concerning industrial design. Chapter Six focuses on Invalidity or refusal of registration. Chapter Seven deals with Rights conferred by the design...
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Basic principles of public tenders
Frencl, Lukáš ; Horáček, Vít (referee) ; Plíva, Stanislav (advisor)
101 SUMMARY The Basic Principles of Public Procurement The purpose of my thesis is to analyze the basic principles of public procurement. I've chosen this subject because of my great interest in public procurement law. Contracting authorities spend public money in awarding public contracts and the public definitely have an interest in the economical and effective expenditure of public money. Procurement rules are an important instrument in getting advantages such as a lower price, better knowledge about the market and better service from suppliers. Recently, new EU public procurement directives were adopted (directive 2004/17/EC and 2004/18EC). The Czech legislator implemented the new EU public procurement directives into the new Act No. 137/2006 Coll., on Public Procurement. In my thesis I am concerned with both sources. In the EU level I especially deal with directive 2004/18/EC. I try to identify the most important issues in the directive 2004/18/EC from the point of view of the basic principles and appraise their implementation into the Czech legislation. In my thesis I also use judicature (judicature of the European courts as well as Czech courts) a lot, because judicature is very important in this field of law. Not all questions which are rising from applying basic principles are solved in legal...
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The relationship between an attorney and his client under the contract of mandate
Dočekal, Petr ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
67 The relation between the attorney-at-law and his client based on the mandate contract In my dissertation I have described the relation between the attorney-at-law and his client based on the mandate contract and the legal regulations, what refers about it. This relation is established generally by signature of the contract of rendition of legal aid, but sometimes the relation between attorney-at-law and client comes into being by the decision of court or by institution of Czech bar association. At the beginning of my dissertation I explicated the notions as attorney-at-law, client, mandate contract and then in the most important chapter the content of this relation. It means discretions and duties, what have the subjects of this relation. All of these discretions and duties are defined in the Advocacy Act, in the Commercial Code and in professional regulations of the Czech bar association for example Ethics Code, Disciplinary Code or Layer's fee. I mentioned about the duty of the attorney-at-law to defend and promote of the interests of client, duty to give notice to the client, duty to behave conform the client's suggestions, duty to reticence, duty to have the adequate documentation, duty to insure against the responsibility for damage, discretion of the fee - contract fee or noncontractual fee and so...
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Rights and duties of a member of the unit owners association
Brinda, Pavol ; Oehm, Jaroslav (advisor) ; Horáček, Vít (referee)
93 8 Summary The purpose of my thesis is to analyse rights and duties of the member of Flat owners association. The study characterises qualities and shortcomings of the valid legislation in one of the most important sectors of housing and tries to compare it with a new legislation, which is in preparation. Next purpose of this study is to provide sollutions of everyday problems associated with the housing issue. My thesis is composed of four chapters. Chapter One is introductory and defines basic terminology used in the sector of housing. The chapter is subdivided into four parts. Part One characterises sector of housing in common. Especially it focuses on terms flat and non-residential premises and ownership of these immovable things. Part Two describes history of this special sort of ownership. Part Three explains theories associated with the housing and attempts to systematize them. Part Four looks at valid legislation. Chapter Two describes artificial legal entity created by the statute called The flat owner association. The chapter consist of eight parts and deals with the legal capacity and purpose of this legal entity, with membership in the flat owner association, with commencement and cessation of its legal existence, with its bodies and Articles of Association. The flat owner association does not...
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