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The structure of taxes in the CR in comparison with selected OECD and countries EU
Kotlán, Igor ; Bakeš, Milan (advisor) ; Švarc, Zbyněk (referee) ; Boháč, Radim (referee)
In the recent days, there has been culminating a laic and professional discussion to the topic of the fiscal reform in the Czech Republic. A necessary part of a potential public finance reform is then a tax reform, as well. The submitted paper contains an analysis of fundamental approaches to taxes and their structure from the synthetic point of view of legal and economic science, which has had a long tradition since Czech national economists of the first republic. An objective of the paper is an attempt to promote a scientific methodically balanced approach, as well, namely in the ontological sense, but also in the sense of teleological and normological gnoseology. The above mentioned then enables to modify some recommendations for central authorities in the field of legislative changes and tax policy. The objective of the paper is, on basis of an own empirical analysis, to reformulate recommendations for lawmakers and tax policy makers in the Czech Republic in terms of possible de lege ferenda changes. The conclusions of this paper can be summarized into five key recommendations for lawmakers and tax policy makers in the Czech Republic. They are: a recommendation of non- increase of the overall tax burden or, as the case may be, of effecting its decrease, of decrease of employment tax burden, and...
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On Supervision of Financial Markets by Czech National Bank : (focused on Consumer Protection in the Financial Markets)
Skácelík, David ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Švarc, Zbyněk (referee)
1 On Supervision of Financial Markets by Czech National Bank (focused on Consumer Protection in the Financial Markets) This work deals with the consumer protection in the financial markets in the Czech Republic. The opening part of this thesis briefly describes the situation in Czech(oslovak) legislation before 1989. The governing system was not at that time conducive to significant economic activity and the scope of financial markets was limited. As a consequence, legislated protection of market participants had not to be extensive. Need for consumer protection increased after the then-prevailing economic model had been changed into the current market-oriented model. The expansion of economic activities, including the development in the financial markets, necessitated simultaneous passing of updated law more suited for the new social circumstances. Owing to the preparation of the Czech Republic's entry into the European Economic Community at that time, it was necessary to harmonize the new Czech law with the laws of the Community. Besides the change of the "Code civil" as a basic regulation of private law, new specific regulations have been passed - for example the Consumer Protection Act or the Consumer Credit Act. In connection with the formation of capital markets, it become necessary to issue entirely...
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Arbitration as a type of alternative dispute resolution.
Staňková, Monika ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis deals with arbitration. The aim of the thesis is to determine whether arbitration has a future in of Czech Republic and whether it can compete with court proceeding considering its regulation in the Act on arbitration. The thesis enables the confirmation or disproof of hypotheses claiming that arbitration represents a parallel to dispute resolution in civil proceedings, that the amendment of the Act on arbitration from the year 2016 is a step in the right direction, and that general courts do not intervene in the arbitration proceedings. The diploma thesis is divided in two chapters, the first chapter discusses alternative disputes resolution and the second chapter analyzes arbitration. Within the second chapter, the attention is focused on the concept of arbitration, its contemporary regulation and types, arbitrability, arbitration ageement, arbitrator, principles, process and ending of arbitration.
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Consumers protection during the process of contracting
Kakáčková, Tereza ; Švarc, Zbyněk (advisor) ; Kříž, Radim (referee)
The main purpose of diploma thesis - Consumers protection during the process of contracting - was to analyze the consumer protection legislation at national level and European level. Thesis deals with consumers protection during the process of contracting in Czech Republic with closer focus on distance contracts and off-premises contracts. The general part of thesis provides a comprehensive insight into the private, public and European regulation of consumer law, as well as it summarizes basic concepts and consumer contracts more in detail. Two chapters of the general part are devoted to the distance contracts and to the off-premises contracts. Analytical part of thesis is based on quantitative research made by me. These results are compared with the results of two European surveys (Eurobarometers). The aim of the research was to define the attitude of Czech consumers to the consumer law, protection of the consumer rights and also find out more about their approach within the distance contracts.
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The Consumer dispute resolution
Marková, Kristýna ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The thesis deals with the consumer dispute and ways how to resolve it. The main aim of this thesis is to analyze and evaluate if disadvantages of court proceeding in the Czech republic still overweight its advantages, and thus whether the topic of alternative disputes resolution of consumer disputes is actual, then to give an overview and evaluation of alternative disputes resolution for consumer dispute which the Czech republic offers in the context of Community Law of the European Union, and finally to outline the development of future initiatives in this area.
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Obligations arising from torts
Chyba, Petr ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The bachelor thesis is about obligations arising from torts according to the contemporary legislation in the Civil Code. This thesis deals with tortious liability in civil law and the aim of the thesis is to analyse this legal institute. The bachelor thesis serves coherent summary of particular aspects of tortious liability. The thesis is divided into five chapters. The first chapter deals with general liability from the view of the theory of law, theoretical conception of liability in civil law and prevention of damage in civil law. The second chapter is dedicated to formation of duty to provide compensation for damage, especially to particular elements of tortious liability and then to defences. The third chapter is focused on general liability in tort, entities with duty to provide compensation for damage, manner and extent of compensation for harm to assets and non-pecuniary harm. The fourth chapter describes cases of special tortious liability. The fifth chapter is dedicated to compensation for harm to the natural rights of an individual, especially to compensation for bodily harm and death.
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Customer satisfaction in the airlines Travel Service in claiming damages
Koblihová, Simona ; Valentová, Jana (advisor) ; Švarc, Zbyněk (referee)
The thesis aims to analyze customer satisfaction in the airlines Travel Service in claiming damages. The theoretical part provides the basic concepts of air transport, legislation on civil aviation, the importance of the position of airlines in Czech and foreign aviation market and the introduction of airline Travel Service. The practical part deals with the definition of fundamental rights of air passengers in claiming damages, especially when claiming baggage and delayed or canceled flights. The practical part has been prepared based on the survey of customers Airlines Travel Service In the final part of this thesis compares Travel Service with selected airlines. This thesis uses descriptive method especially in its theoretical part, analysis and comparison method in the practical part.
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Compensation for immaterial damages in the Czech Republic and Germany
Vítková, Klára ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
This thesis deals with compensation for immaterial damages in the Czech Republic and Germany with focus on personal injuries and a specific question of wrongful birth and wrongful life actions. Its aim is to describe the differences between both legislations. In the first part my work is concerned with a theoretical analysis of the conditions of damage liability in the tort law in both countries. The second chapter follows up with the definition of material and immaterial damages and the way and extent of their compensation. The third one is concentrated directly on personal injuries, it introduces the term and the range of persons entitled to a compensation and it analyses the way and extent of the compensation for personal injuries (above all the damages for pain and suffering) in the Czech Republic and Germany, with specific emphasis on the Methodology of the Czech Supreme Court on the compensation for immaterial damages in case of personal injuries. The fourth chapter is focused on an ethical and legally complicated question of wrongful birth and wrongful life actions.
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Entrance of entrepreneur on foreign market
Hušková, Veronika ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The theme of the thesis is the entrance of entrepreneur on foreign market, specifically to the Czech Republic and France. The aim of the thesis is to analyze the legal conditions and the possibility of enterance the entrepreneur as a foreign person into the Czech and French market. The first chapter describes the development of mutual trade between the Czech Republic and France. The second chapter is devoted to the characteristics of systems and legal business conditions in those countries. The most important chapter is the third chapter, which describes the various forms of entrepreneurship of foreign persons in the Czech Republic and France.
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