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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the general description of the terms and institutes of agency contract. The work is divided into five chapters, the main objective of this paper is to describe the basic definition of an agency contract. The first chapter described and analyzed the basic characteristics of an agency contract, especially the agent himself, the long-term perception of the agency contract, the definition of the term certain types of transactions, and we have discussed a exclusive and non-exclusive agency contract. The second chapter is focused on the rights and obligations of the parties of the agency contract with a closer focus on the issue of commissions. In chapters 3, 4 and 5, we discussed termination of agency contract, anticompetitive clause and we also mentioned Švarcsystem. Some chapters are for clarity divided into subchapters and the names of the subchapters signify the topic that subchapter is dedicated to. The thesis also refers to the commentary literature and case law relating to legal framework contained in the Act no. 513/1991 Coll., The Commercial Code. In the end the conclusion is drawn about whether the stated objectives have been achieved. Title: Agency Contract...
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Protection of business competition - Abuse of dominant position
Kramářová, Monika ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Protection of business competition - Abuse of dominant position The main objective of this thesis is a comprehensive analysis of the term "abuse." In a wider complex, thesis deals with a question of the present aim and prevailing method of application of provision 102 TFEU in order to find out whether and if yes, to what extent is current approach compatible with the modernization process of the application of article 102 TFEU declared by the Commission. Thesis deals with a question whether decisional practise is capable to react on a challenge made by so called new economy sector. Thesis consists of five substantial chapters. The first chapter sums up historical development of the 102 prohibition in Europe and USA law with a particular focus on the objective behind the text of the relevant provisions and decisions and its changes in time. The second chapter zooms to modernization process in relation to Art. 102. The central chapter analyses in detail the features of the general definition of an abuse arising from the decision of Hoffmann-La Roche, namely: i) a special responsibility of the undertaking; ii) the objective nature of the abuse and the effect of conduct on competition; iii) competition on the merits. An analysis of the concept of anticompetitive foreclosure follows. The concept of...
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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the comparison of the changes between the legislative frame of the agency contract contained in the Act no. 513/1991 Coll., The Commercial Code, and the legislative frame of the agency contract contained in the Act no. 89/2012 Coll., The Civil Code. Although the main focus of the thesis lies in description and analysis of the changes, the thesis also examines the practical use of the agency contract, when discussing so called švarcsystém among other things. The aim of the thesis is to describe the changes made by Law no. 89/2012 Coll., The Civil Code, which were explained by Explanatory Memorandum to the Act. No. 89/2012 Coll., The Civil Code, and then highlight those changes that this explanatory memorandum did not mention. The thesis is divided into five chapters, whereas the first four chapters describe the changes and any problems that may arise. The final, fifth, chapter labeled as "Additional information relating to the agency contract", differs from the other chapters in that it does not describe the changes in the legal framework but is devoted to practical problems of the use of the agency contract, which according to the author of this work should also...
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Statutory liability of members and other persons for debts of business corporations (including supranational corporations)
Trojan, Ivo ; Čech, Petr (advisor) ; Eichlerová, Kateřina (referee)
86 Abstract Statutory liability of members and other persons for debts of business corporations (including supranational corporations) The thesis aims to introduce the economic rationale behind the legal concept of limited liability, including the risks for creditors attached thereto, and to analyse the legal instruments designed to remedy the impacts of its misuse or abuse. Accordingly, this thesis attempts to point to the shortcomings of the current legal framework and to offer a solution thereto. For this purpose the author uses the traditional methods of legal interpretation and draws upon the laws of the United Kingdom, which inspired the authors of the Czech Corporations Act 2012 in many respects. After the opening chapter, which introduces the current legal framework for limited liability of shareholders and defines legal relations of company's agents towards third persons, the historic development of limited liability in the United Kingdom will be outlined in the second chapter. The introduction of limited liability in 19th Century was accompanied by intense society-wide debate, the findings of which will help to understand the limited liability in its wider context and will form the ground for the following assessment of its benefits and risks for creditors of limited liability companies. Third...
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The doctrine of piercing the veil and its application in Czech corporate law
Piačková, Mária ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
The doctrine of piercing the veil and its application in Czech corporate law The theses concerns with the doctrine of piercing the veil and its application in Czech corporate law. Firstly, the crucial term of the separateness of assets is described as a characteristic feature of a legal subject under Czech law, followed with explanation of the concept of the shareholders' guarantee in the Czech law based on the fact that all companies are legal persons with the asset separateness, even though their function is similar to the partnership. The doctrine of piercing the veil was developed by judiciary decisions dealing with different situations and circumstances, under which the legal separateness of a corporation and separateness of assets are misused by shareholders and creditors (voluntary or involuntary) are harmed. The main question asked is whether in specific cases of "corporate form abuse" law can find a way to reimburse directly the harmed creditors or the company. Based on the description of development of judiciary in the United States, Great Britain and Germany and its conclusions, specific factors for application the doctrine were researched, such as alter ego, instrumentality, undercapitalization, agency, commingling of funds etc. These factors are used differently by courts and can be analyzed...
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Business management
Chvalová, Lucie ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
This diploma thesis examines the concept of business management. It is a concept that falls within the scope of the statutory body, one of the main and obligatory organs of business corporations. Since this is a concept which is not defined anywhere in the legislation, the thesis focuses on what the concept itself involves, and what on the other hand cannot be considered as a business management. The thesis also explains how it is seen in terms of professional literature and case law. The concept is also distinguished from other kinds of decision-making process that takes places inside (within) business corporations. This thesis compares particularly the former legislation which was replaced, with the effect from 1 January 2014, by the two main private codes, the Act No. 89/2012 Coll., the Civil Code and the Act No. 90/2012 Coll., the Act on Business Corporations. Those two codes are being a huge step for the Czech law in general and are bringing definitely some changes and news to the concept of business management. There is also mentioned the progress of business management in time in the final thesis. One of the diploma chapter deals with couple of changes brought to the Act No. 513/1991 Coll., the Commercial Code by the amendment No. 351/2011 Coll. The business management is a concept which is...
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Creation and termination of the position of a member of the governing body of a limited company
Hřebejková, Tereza ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Text of this thesis deals with the creation and termination of the position of a member of the governing body of a limited company. The first part of this text sets out the conditions under which this member is legally able to perform in his position, these are full legal capacity, no record of criminal conviction and there are no obstacles to undertaking a trade in the meaning of the Act No. 455/1991 Coll. The text also mentions the provisions § 38l of the Commercial Code, for it still applies on some cases on behalf of the provision § 779, paragraph 3 of the Act on Business Corporations. This text of this thesis continues to deal with the consequences of incapacity to perform in this position and states that in this case, the creation of such position is seen, as it never happened. In the case of capacity to perform in a position being lost after the position was created, the position terminates. Newly, a legal entity can become a member of an elective organ. However, to perform in this position, they have to choose a natural person as their representative. If there is no representative, the legal entity is represented by a member of board of directors or a company director. There were warnings of a possibility of multiplication, as there may be legal entities in such statutory bodies. Further,...
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Žatec and north-western Bohemia in the 2nd Half of the 10 Century
Čech, Petr ; Sláma, Jiří (advisor) ; Macháček, Jiří (referee) ; Moždzioch, Slawomir (referee)
The present work was written following a master thesis on the settlement and the shape of the early mediaeval agglomeration of Žatec in the 9th century. Subject of this dissertation is the processing of pottery from settlement features and from the 10th -century fortification. This enabled to study the development of the fortification system and changes of the settlement structure within individual settlement components. On the basis of excavations a relative chronology of the pottery and in accordance with the dendrochronological data a hypothesis on absolute dating has been presented. In view of this new chronology a new quantitative and qualitative analysis of information on the early mediaeval strongholds and hill-top settlements of the 9th and 10th century in the central and lower Ohře Region and in the Ore Mountain foothills was undertaken. A processing of the research on Drahúš stronghold has contributed substantially to this new perspective. The 1960s opinion on the affiliation of early mediaeval strongholds on the territory in question to the tribal territory of the Lučans, which should have been opposed to the Central Bohemian Přemyslid patrimony, based on the gathered information and its analysis could have been rejected. It was possible to comprise the evaluation of the excavation at...
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Liability of shareholders and other persons for debts of the company (multinational included)
Guričová, Jana ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
Liability of shareholders and other persons for debts of the company (multinational included) This master thesis is devoted to the issue of the legal liability of shareholders and others for debts of the company in consequence of their influence on the company or in case of its insolvency. The former is not a wholly new institute in Czech law, however it raises many new questions especially because of its broader concept. The latter is an entirely new issue in the Czech legal system which was influenced by the English concept called wrongful trading. The thesis is composed of five chapters. Chapter one briefly presents the concept of limited liability of the shareholders, its development, significance and criticism, including certain means that are used by the legal systems and courts to break the limited liability under some specific circumstances. Chapter two points out certain legal devices that had provided protection for creditors and that were abandoned, which may leads to the higher importance of the legal liability of the shareholders and other persons connected with the company. Chapter three concerns the concept of influential and controlling person, and also explains the concept of shadow director and de facto director under English law. Subsequently it presents certain categories of...
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