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Loan Agreement, focusing on Position of a Bank as Creditor
Bartušková, Klára ; Horáček, Tomáš (advisor) ; Elek, Štefan (referee)
This viva focuses on the issue of loan agreements, from the viewpoint of the bank as the loan creditor. The introductory chapters are devoted to specifying the loan concept and its role in economics, and also the legal definition of a loan agreement and its historic development. The following chapters define the terms for valid origin of a loan agreement and define its contracting parties. Emphasis is placed on specification of the position of the bank as the creditor. The next part of this paper acquaints the reader with individual issues of existing loan agreements. This particularly concerns the topic of drawing and repaying the loan, currencies, the value and interest on the loan and the topic of security, general business terms and conditions and finally also the issue of immediate maturity of a loan. This is followed by chapters devoted to execution of rights arising from the loan, with the understanding that emphasis is placed on the methods representing a more effective alternative to the standard finding procedure. Direct sale, notarial records with an immediate enforcement clause and the institute of assignment of receivables are also discussed. A chapter devoted to the arbitrality of disputes arising from loan agreements is also included. The amendment on arbitration proceedings, which...
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The status of persons placing public contracts in specific sectors
Kolář, Filip ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
The status of persons placing public contracts in specific sectors Abstract The topic of the thesis is the position of the utilities contracting authority. Although the new regulation, ie Act No. 134/2016 Coll., On Public Procurement, as amended (the "Act") does not explicitly include the term "utilities contracting authority", the concept of public procurement regarding utilities has remained de facto preserved. To emphasize not only this but also some other vital facts, the thesis compares the contemporary legislation with the previous legal regulation of the matter. At the same time, the thesis attempts to take a comprehensive approach to the area of public sector (utilities) procurement and its specifics, in particular through comparisons of legislation affecting the award of utilities public procurement and oteher public procurement in general. In the first part of the thesis I define concepts that are fundamental to the subject of this thesis, ie terms such as "contracting authority", "public contract", "dominant influence", "special or exclusive rights"or "relevant activity. Other parts of the thesis are devoted mainly to utilitis specifics and "reliefs". Gradually, I first draw attention to the obligation of the contracting authority to award only an above the treshold utilities public procurement...
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The issues of in-house procurement (vertical cooperation and utilities in-house model)
Besplakhotnaya, Liliya ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is a detailed analysis of the whole process of in-house public procurement in general and also an in-depth analysis of both its forms - vertical cooperation and utilities in-house model. Information used for the topic of this diploma thesis was obtained mainly from the legal regulation of the Czech Republic and also the EU regulation, the expert publications and articles dealing with the legal regulation of public procurement and the in-house procurement itself, internet sources and the case law of the Court of Justice of the European Union and of the Office for the Protection of Competition. To complete this diploma thesis descriptive analytic approach was used as well as a linguistic, comparative and teleological methods of interpretation. This diploma thesis is divided into four main chapters, while the short opening chapter contains a description of the general meaning and definition of both forms of in- house procurement. The first main chapter examines the beginnings and development of the in-house procurement in European Union law and in relevant case law of the Court of Justice of the European Union. The second chapter is focused on the conditions of the in-house procurement regulated in the legislation of the Czech Republic, while analyzing the quality...
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Secondary objectives in public procurement
Bém, Matouš ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The thesis provides a comprehensive analysis of the horizontal policies in public procurement with the aim to determine whether public procurement may be used as a legitimate tool in the pursuit of such policies. Horizontal or secondary policies refer to the policies not inherently connected to the functional objective of public procurement - i.e. to the purchase of goods and services. These may among other strike at social or environmental issues. For this purpose, the descriptive and analytic methodics are used. The case-law of CJEU was the primary source of the thesis along with the relevant literature and both EU and Czech legislation. The thesis is structured into two chapters. The first chapter provides essential introduction to the legislation in place in respect of the horizontal policies in public procurement. The second part of the chapter then analyses relevant case-law of CJEU. Particular attention is paid to the case law in respect of public procurement used as a tool to pursue employment policies. The second chapter named taxonomy of horizontal policies elaborates on the relationship between economic and legal aspect of the public procurement in general. It quickly comes to the conclusion, that the contracting authorities must deal with both the legal and economic aspects of public...
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Variations under FIDIC contractual conditions and their applicability in the Czech legal order
Kalenský, Tomáš ; Horáček, Tomáš (referee)
Variations under FIDIC contractual conditions and their applicability in the Czech legal order Abstract The main aim of this thesis is to analyse the applicability of variations under FIDIC contractual conditions (especially regarding their modifications in the Red Book) in the Czech legal order, both from the point of view of private law and public procurement law. Based on this analysis, it should be ascertained whether variations as a sui generis contractual institute are validly applicable in the construction projects realized in the Czech Republic. The thesis is divided into seven chapters, which are systematically structured from the general description of variations under FIDIC contractual conditions through the analysis of variations in Czech private law and public procurement law to the practical part with specific examples from the Czech legal environment. The first and second chapters describe the institute of variation itself, which also reflects the differences and the specifics of each sample book. The main reasons for the need for variations and the three main ways of initiating variations, including their administration and approval processes, are also described in these chapters. The third chapter introduces to claim as another specific contractual institute under FIDIC contractual...
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Entering into a public contract
Drdák, Josef ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Entering into a public contract Abstract The topic of this thesis is entering into a public contract while this issue remains highly topical particularly with regard to the new complex legislation on public procurement, which brought a relatively significant change into this legal area. The main objective of this thesis is to provide a comprehensive interpretation of a process which results in a public contract as well as to analyse the admissibility of a modification of this legal act. This thesis is divided into three parts. First part is particularly concentrated on the sources of a public procurement legal framework. National and European legislation is analysed in this part, together with a minor attention to the international public law. Furthermore, the fundamental principles of a public procurement are subject to rather detailed research as they have significant impact on the entire contracting process. Due to a non- negligible shift in the terminology the basic terms of a public procurement are shortly explained in the end of the first part. In the second part which is crucial for this thesis the actual process of concluding a public contract is described. This process comprises two main stages. Therefore the second part is focused on both pre-contracting and contracting process together with its...
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Relevant markets in the energy sector (in decision-making practice of the Office for the Protection of Competition)
Kujaníková, Tereza ; Eichlerová, Kateřina (advisor) ; Horáček, Tomáš (referee)
Relevant markets in the energy sector (in decision-making practice of the Office for the Protection of Competition) Abstract The purpose of my thesis is to analyze the issue of relevant markets delineation in energy sector. More precisely, to determine which relevant markets have been identified in this sector by the Czech Office for the Protection of Competition, eventually by the European Commission. The reason for my research derives from absence of any comprehensive study dealing with the subject matter, despite its essential importance both for competitors and competition itself. To identify relevant markets is a prerequisite for ruling competition cases by antimonopoly authorities (while assessing concentration of undertakings, abuse of a dominant position or anticompetitive agreements). The thesis is composed of three parts, each of them dealing with different aspects of relevant markets delineation. Part One is introductory and defines scope and basic terminology used in the thesis: competition, competitors and energy. Part Two examines more closely methodology of identifying relevant markets. This part consists of five chapters. Chapter One focuses on relevant market definition and its importance. Chapters Two to Four deal with different perspectives of its delineation, i.e. product, geographic and...
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New corporate law imperativeness and dispositivity
Szmuda, Jozef ; Horáček, Tomáš (referee)
Název, abstrakt a klíčová slova v anlickém jazyce New corporate law imperativeness and dispositivity Abstract This dissertation thesis focuses on the basic premise that the autonomy of the will, as a fundamental principle of private law, also applies to corporate law. When researching the imperative and dispositive norms of corporate law, one must examine how the autonomy of the will can be manifested and limited. All the limitations of the autonomy of the will to dispose of its private-law relations are realised through certain limits, which set boundaries that cannot be overstepped by the subjects of legal relations. Therefore, this paper contains the categorisation of the types of restrictions on the autonomy of the wills and the limits through which these types of restrictions on the autonomy of the will are realised. Exploring the limits of the autonomy of the will leads to a preliminary conclusion that all these categories follow a general requirement, that the legal actions should be in accordance with the meaning and purpose of law. The meaning and purpose of a legal norm can be considered as a basic criterion for defining the legal norm as imperative or dispositive. However, it must be emphasised that the limits on the autonomy of the will may be imposed not only by imperative norms, but also by...
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Public Regulation of Transportation Network Companies
Krupa, Matěj ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
1 Summary Public Regulation of Transportation Network Companies This thesis deals with the Czech public law regulation regarding the personal transport sector of the so called shared economy. In the beginning this thesis defines terms of shared economy and the Transportation Network Companies, which allegedly participate in the shared economy. Then this thesis deals with the problem, whether Transportation Network Companies (for simplification referred to as Transportation Applications) offering their services in the Czech Republic are subject to public law regulation governing the rights and obligations of personal transport operators. In the beginning the thesis explains operating conditions of Transportation Applications since their specific and innovative way of providing personal transport is a reason of social and legal controversies surrounding them. This thesis analyses legal status of Transportation Applications called BlaBlaCar, Uber and Taxify. Analysis of the current legal qualification of Transportation Applications begins on the level of European Union law and the decision-making practice of the Court of Justice of the European Union. This thesis offers two options of legal qualification of Transportation Applications under the European law and it outlines legal problems resulting from...
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Modification of a Public Contract
Chlupáč, Martin ; Horáček, Tomáš (referee)
Modification of a Public Contract This thesis deals with the regulation of modifications made to public contracts during their term. Its aim is to critically analyse the legal regime for modifying public contracts in light of the law of the European Union (especially Directive 2014/24/EU on public procurement) and of the Czech Republic (The Public Procurement Act No. 134/2016 Coll.). The thesis consists of three chapters. The first chapter focuses on the development of the regulation on public contract modifications from the view of both the EU and Czech prospective, and emphasizes the importance of the so called Pressetext judgment issued by the Court of Justice of the European Union. The second chapter represents the most important part of the thesis, inasmuch as it critically analyses the applicable law. It is divided into two parts. The first one contains an analysis of substantial modifications to public contracts in light of the related case law. In the second part of this chapter, I try to pinpoint interpretation problems that are connected with the new provisions which define situations, in which the modification is to be regarded as non-substantial, and therefore does not trigger the need to commence a new public procurement procedure. The third chapter provides an outlook on how two other...
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