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Legal conduct of enterpreneur
Kyseľová, Jana ; Plíva, Stanislav (advisor) ; Tomsa, Miloš (referee) ; Patěk, Daniel (referee)
RESUME (anglická verze) The subject of my dissertation is the legal issues of negotiation of entrepreneur. At the same time, it is not a case of complex processing of this matter. Thematically, it is divided into three main chapters, and thereinafter conceptually into particular subchapters and parts. From my point of view, the issues of the legal negotiation of the entrepreneur are still live. These issues are the subject not only of all series of expert discussions, but also the court's decision and legislative suggestions. Also despite that I believe that the answer to some affected questions is not united at the present time. My intention was not to analyse all still unclear and disputed points of the present-day legal form in this treatise, but, in general, deal with the concept of entrepreneur's legal negotiation and to evaluate both present and future legal form from various points of view, as well as of some legal aspects connected with these legal institute. The chapter I deals with the issues of legal form of the entrepreneur's negotiation. I tried to interpose the legal form generally, with regard to the general legal form in civil right and also in commercial law. The subject of this chapter is not only the interpretation of important terms, but also the legal analysis of entrepreneur's personal...
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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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Share in a private limited company as a security
Zvára, Michael ; Černá, Stanislava (advisor) ; Štenglová, Ivanka (referee) ; Tomsa, Miloš (referee)
The final thesis deals with a share in a private limited company as a security. An introduction chapter is being followed by a chapter describing the historical development of the pledge over a share in a private company limited by shares and the securing ownership transfer on the current territory of the Czech Republic. The next chapter deals with the basic preconditions of a valid pledge contract over share. The transferability of a share, different rules for transfer contract and pledge contract and future pledge contract are being stressed. The new case law of the Supreme Court of the Czech Republic dealing with the pledge contract over shares is discussed. The following chapter inquires the problems regarding the registration of the pledge in the commercial register and protection of the good faith when dealing in trust in the data registered in the commercial register. The right to propose the registration of the pledge to the commercial register is examined. The author compares the protection of the good faith when dealing in trust in the commercial register and the land register in the fourth chapter. The possibility to acquire a pledge on a share from a non-owner and the possible acquisition of a share without any rights of third persons is considered. The possibility of acquisition of the...
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Rights of designation and rules for their construction
Kalenský, Michal ; Horáček, Vít (advisor) ; Tomsa, Miloš (referee)
In the thesis author deals with the rights for designation which are composed of trade names, trademarks, designations of origin, geographical indications and domains. Area of domains is represented only by domains of the highest level - "cz" and "eu". Rights for designation are analysed especially from the view of the rules of their construction. Thesis concerns both national and union institutes and also presents the legal status after the recodification of the civil law. Chapter One deals with intellectual property in general, which is defined by its conceptual characteristics. Second, third, fourth and fifth chapter focuses on individual right for designation. These chapters are subdivided according to the same logical structure into the subchapters. Subchapter One provides an outline of the historical development of the respective inalienable possessions from the oldest historical period up to the present day. In view of the fact that rights to designation are regulated by large amounts of legal sources of law (as current legislation, international treaties, internal regulations, general terms and conditions), which come from national, union and international legal rules, for clear arrangement was necessary to write down the most significant sources. A part of second subchapter of each...
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General Clause of Unfair Competition in Czech-Slovak Comparative View
Kapel, Ján ; Černá, Stanislava (advisor) ; Tomsa, Miloš (referee)
NÁZOV PRÁCE V ANGLICKOM JAZYKU General Clause of Unfair Competition in Czech-Slovak Comparative View ABSTRACT The main purpose of this thesis is to analyse and to deal with the Section 44 (1) Act No. 513/1991 Coll, Commercial Code, as amended. This provision stipulates the general clause of unfair competition, which consists of three conditions. These have to be fulfilled cumulatively to classify some conduct as unfair. Simultaneously, analyzing the conditions of general clause, we want to point out at the differences between legal regulation according to the czech Commercial Code and the Commercial Code of the Slovak Republic and compare them reciprocally. Thesis consists of six chapters. Chapter One deals with development of the unfair competition law in Europe, but particularly also on the territory of the Czech Republic and Slovak Republic. In this chapter we deal also with the Act against the unfair competition of the first Czechoslovak Republic. Second chapter offers the general information on the general clause, its function and its relation to the special subject matters of unfair competition. A component part of this chapter is an analysis of the relation of the prohibition of unfair competition to the special subject matters from the view of theory of law and the legislative technique. In the...
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Legal conduct of enterpreneur
Kyseľová, Jana ; Plíva, Stanislav (advisor) ; Tomsa, Miloš (referee) ; Patěk, Daniel (referee)
RESUME (anglická verze) The subject of my dissertation is the legal issues of negotiation of entrepreneur. At the same time, it is not a case of complex processing of this matter. Thematically, it is divided into three main chapters, and thereinafter conceptually into particular subchapters and parts. From my point of view, the issues of the legal negotiation of the entrepreneur are still live. These issues are the subject not only of all series of expert discussions, but also the court's decision and legislative suggestions. Also despite that I believe that the answer to some affected questions is not united at the present time. My intention was not to analyse all still unclear and disputed points of the present-day legal form in this treatise, but, in general, deal with the concept of entrepreneur's legal negotiation and to evaluate both present and future legal form from various points of view, as well as of some legal aspects connected with these legal institute. The chapter I deals with the issues of legal form of the entrepreneur's negotiation. I tried to interpose the legal form generally, with regard to the general legal form in civil right and also in commercial law. The subject of this chapter is not only the interpretation of important terms, but also the legal analysis of entrepreneur's personal...
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Protection of Weaker Contractual Party
Zapletal, Jiří ; Plíva, Stanislav (advisor) ; Tomsa, Miloš (referee) ; Patěk, Daniel (referee)
Protection of Weaker Contractual Party Mgr. Jiří Zapletal Disertační práce (2011) The thesis "Ochrana slabšího ve smluvních závazkových vztazích" ("Protection of Weaker Contractual Party") is devoted to the issue of legal protection of weaker contractual parties in private law. Emphasis on the protection of the weaker contractual parties represents one of the most significant trends in modern private law. Despite this fact, the issue of protection of weaker contractual parties as such has not been analyzed by authors of Czech legal literature sufficiently so far and even foreign literature focusing on the issue is not too prevalent. The issue of legal protection of weaker contractual parties is not an exclusive domain of consumer law. Problems resulting from positions of different strength (bargaining power, inequality) of contractual parties occur not only in connection with contracts entered into between business entities and consumers (non-business entities), but also mutually between business entities and, last but not least, in connection with contracts entered into between consumers (non-business entities). Protection of weaker contractual parties is contained in various legal institutions, some of which can be described as traditional, other are almost exclusively achievement of modern...
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