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Theory of Decision Making in Public Law and Private Law Corporations
Broulík, Jan ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
2 Jan Broulík - Theory of Decision Making in Public Law and Private Law Corporations Abstract The thesis analyses Czech legal regulations concerning decision making in bodies of corporations. For the purposes of this analysis it employs mainly the apparatus of the economic analysis of law. Its basic concepts are also outlined. The author focuses on two kinds of legal entities which are public universities and joint stock companies. The ethical-legal connections and the significance of corporate governance in the decision making domain are presented. The analysis of the legal norms shows how reasons of the economic analysis of law correspond with provisions regulating body elections, body competence allocation and the body decision making procedure. The criterion for evaluating the quality of legal norms is effectiveness, meaning an increase of social wealth. The main detected imperfections are a missing provision allowing a long distance voting for joint stock companies' general meetings, a missing tool for the cases where a shareholder breaches his loyalty duty which leads to not passing of a general meeting decision and the mandatory nature of the duty of care. Judicial decisions important for joint stock companies' decision making are presented. These decisions concern with the decision making of a sole...
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Ethical and legal aspects of human artificial reproduction
Blažek, Petr ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The subject of the following work, as the title states, is to explore legal and ethical aspects of the assisted reproduction. Its aim is not merely to attempt to map the present legal situation regarding the protection of human life in the legal system of the Czech Republic, but also to outline some philosophical and anthropological implications which could have considerable influence on the practical consequences of some legal measures, including general aspects of the protection of human life and the legal regulation of assisted reproduction. In this sense the following work does not simply describe the various philosophical-anthropological conceptions in a neutral way, but offers to the reader a possible model which, in the view of the author, best corresponds to the degree of protection that human life can claim in early phases, taking a neoscholastic and personalistic view of man and his ontological status, in order to try to deduce from this model ethical implications both in a general sense and in relation to the chosen area of application. The aim of the work is thus not only to describe the degree of protection of human life de lege lata, but also by making comparisons with legal regulation in selected European states (Germany, Italy, Great Britain etc.) and, taking into account the...
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Abuse of Public Law in Judicial Decisions
Vinčálková, Lucie ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Abuse of Public Law in Judicial Decisions This thesis discusses the relevance and meaning of the principle of "abuse of law" in Czech public law, and consists of six chapters. A brief opening chapter sets out the aim of the thesis, namely to provide a theoretical analysis of the concept of abuse of law, using conclusions that are established in Czech jurisprudence. The second chapter deals with the substantial rulings of the Czech Supreme Court viewing the abuse of law concept in terms of civil law, because the abuse of law principle came to light firstly in Czech civil law. The prospective enactment of the abuse of law principle in the Czech Civil Code Bill is also mentioned. The third chapter is crucial to this thesis, and reflects the approach of the Czech Supreme Administrative Court (the SAC) to the doctrine of abuse of law. The first Czech ruling in which the concept of the abuse of tax law occurred was Divers, no. 1 Afs 107/2004 - 48. In Divers, the SAC construed a very in-depth argument supporting the applicability of the abuse of law principle to the field of taxation (which is part of public law). Then the process during which the SAC developed the abuse of law concept in its rulings, including the first application of the Halifax two-stage abuse test is described. The parallel concepts...
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Freedom of speech and its theoretical aspects in case law (the US Supreme Court, European Court of Human Rights, the Constitutional Court and the Supreme Administrative Court
Holubová, Eliška ; Kysela, Jan (referee) ; Kühn, Zdeněk (advisor)
FREEDOM OF EXPRESSION AND ITS THEORETICAL ASPECTS IN CASE LAW (of the Supreme Court of the United States, the European Court of Human Rights, the Constitutional Court and the Supreme Administrative Court) ABSTRACT: The diploma thesis titled " Freedom of expression and its theoretical aspects in case law" is focused on the analysis of the editorial cartoon on the comparative field of court decisions. The thesis is composed of chapters, each of them dealing with different aspects of freedom of expression. The general part (chapters II-IV) of the thesis deals with the theoretical view on the concept of freedom of expression, its historical and philosophical sources, as well as legal and judicial limits. Last but not least, it also explores the concept and functions of editorial cartoon as a satirical genre. If we take closer look, Chapter II looks at the freedom of expression from theoretical point of view providing historical and philosophical context, whereas Chapter III focuses on free speech limits in legal framework and case law. Chapter IV invites to basic journalistic background of editorial cartoon describing history, importance and principles of drawing satirical pictures. The special part of the thesis (chapters V-VIII) examines Czech, European and American judgments. A key objective is to analyze...
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Virtual property
Mach, Petr ; Kühn, Zdeněk (referee) ; Wintr, Jan (referee)
Virtual property Resumé Private property is a natural law and the legal concept of ownership is known to mankind from time immemorial. Perception of the opbject of property has evolved through historici periods from an strictly tangible thing into intangible assets such as intellectual property . This advance was facilitated by technological progress - shortly after inroduction of Guttenberg's printing press the law started to recognize rights in intangible assets, such as creations of one's mind. Today, in the age of information Technologies, the scientific progress gave birth to a brand new world. A world outside the borders of our tangible reality, existing only in betwenn a computer network. This new synthetic world, the cyberspace, has become an alternative reality for many. In this new social enviroment, millions of people come to interact in a completly new way. And where pleple interact, social relations emerge. If those relations have a certain degrese of intensity or quality, they can be considered legal relations. In tis study I focused on a specific kind of such relation - ownership of virtual assets. Virtual property is a new phenomenon, that is rapidly gaining significance. These new kinds of property interests are being created, used and traded in the same way as traditional property. I have...
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