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Rights arising from defective performance of contracts of sale involving an entrepreneur
Strakatý, Tomáš ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The main goal of this thesis is to identify and analyze problematic aspects of rights arising from defective performance in B2B sale. The analysis is set into a complex description of rights arising from defective performance. The work reflects relevant decisions of courts, national, European and international legal regulations and other texts. The thesis is divided into nine chapters including introduction and ending. The chapters are divided systematically in order to complexly introduce rights arising from defective performance to a reader, while problematic aspects of mentioned legal institute are continuously presented to a reader. In such cases those aspects are always analyzed, relevant propositions of a professional public are discussed, the author critically examines them and presents his own propositions and possible interpretation points of departure. After the introductory chapter the author defines criteria, which are deciding for a legal regime of B2B sale. At the beginning of the third chapter the author explains reasons, why he is using term obligations and rights arising from defective performance instead of a traditional term liability for defects. Then this chapter analyzes sole defective performance, a dispositive nature of obligations arising from defective performance, a...
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Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China
Černá, Lucie ; Rozehnal, Aleš (advisor) ; Horáček, Tomáš (referee)
Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China - Abstract This thesis compares legal system of patents in Czech Republic and People's Republic of China with the focus on Patent Laws and other legislation in respective countries. The aim of this paper is to present the approach that Czech and Chinese society adopted with respect to patent law, together with its' historical evolution in both compared countries. This historical insight into the evolution of patent legislation is aimed to help the reader to understand, why certain legislation is present in national patent laws, even though both countries are members of WTO and WIPO and parties to Paris Convention for the Protection of Industrial Property. Another goal of this thesis is to compare the national patent legislation of individual patent institutes, to highlight the differences of such patent institutes and map the influence that the international treaties and international organizations have on the national patent legislation of its' respective country. Finally, this thesis will attempt to briefly introduce the Chinese system of patent enforcement and its practical application when the patentee seeks patent enforcement with Chinese authorities. This diploma thesis is divided into four chapters. The...
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Indirect discrimination against contractors in public tenders
Přindiš, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Indirect discrimination against contractors in public tenders ABSTRACT This thesis deals with the legal regulation of public procurement and focuses on the issues of indirect discrimination of contractors in public tenders and the fact that some economic operators cannot participate in procurement procedures due to unjust obstacles to competition laid down by the contracting authorities. One of the main principles of procurement, principle of non-discrimination is described in detail with a use of opinions of stated by the national courts, the Court of Justice of the European Union and in the decisions of the Office for the Protection of Competition in particular. The author of the thesis tries to describe the means of indirect discrimination that occurred in the past procurement procedures within the area of European Union. Discriminatory behavior of the contracting authorities is captured in a comprehensible way and the author shows practical examples to the reader. That all helps to illustrate why the contracting authority's specific behavior was not in compliance with the rules set out in public procurement. It is the analysis of the decision-making practice of the Office for the Protection of Competition, case-law of the national courts and the European Court of Justice that provides an insight into...
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Major differences in public procurement process governed by the Act No. 134/2016 Sb. in legal practice
Salmon, Jan ; Horáček, Tomáš (referee)
1 Abstract This thesis follows up major differences in tender procedures governed by a new Public Procurement Act No. 134/2016 Sb. Main objective of the thesis is to analyze major legal differences from public authorities perspective a confront the output with arguments supporting contractors and general public perspective. The opening part of this thesis is focused on legislative technique of the new Public Procurement Act and confronts its claimed goals with availible facts and tenders market statistical data. After opening part unraveling needs for new tender legislation, the thesis goes through basic principles of the new act No. 134/2016 Sb. and points out major exceptions from the new act like minor tenders, legal services, loans and so called in-house tender procedures. Main content of the next chapter of the thesis is procurement proceeding itself and relevant differences affecting the whole process. At first, the chapter consists of new possibilities in establishing tender conditions and preliminary market research. The chapter continues chronologicaly with tender evaluation methods, including optional establishing evaluating commities. The topics is beeing closed by the low-priced tenders topic. After finishing the tender procedure topic, the thesis follows new options in possible changes of...
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The Law of State Aid Focusing on Steel Industry
Kuthanová, Blažena ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
The Law of State Aid Focusing on Steel Industry Abstract The law of state aid is one of the fundamental pillars of the competition law. The task of this branch of law is to ensure healthy competitive environment. State interferences with the economy may, however, create unequal conditions between the competition on the market. It is therefore necessary to ensure and enforce strict regulation of state aid by law. The first part of the thesis focuses on explaining the concept of State aid under Article 107 of the Treaty on Functioning of the European Union in accordance with the case law of the Court of Justice of the European Union. Prohibited State aid is granted by State or through state resources, directly or indirectly. In addition, the measure must be attributable to the State and selectively favor only certain sectors. State does not act as reasonable private investor when providing the aid, and is not aimed at maximizing profits but at supporting the undertaking. Lastly, the aid distorts, or has the ability to distort, competition which adversely affects trade between Member State. If the notified or planned measure appear cumulatively, such aid is prohibited and may not be granted. However, the prohibition on providing State aid is not absolute though. The thesis also deals with exemptions from the...
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Endorsement and other related institutes of the law of negotiable instruments
Oškrdová, Marcela ; Zahradníčková, Marie (advisor) ; Horáček, Tomáš (referee)
Endorsement and other related institutes of the law of negotiable instruments The rigorous thesis is dealing with the specific institutes of the negotiable instruments - endorsement, aval, protest and domicile. The thesis is divided into four parts marked with letter A - D. As the most important institute of the law of negotiable instruments, endorsement is described in Part A. The content and purpose of endorsement is concidered there as well as its different forms, types and effects. Part B of the thesis is focused on the problem of aval. At first, there are theoretical and legal principles of aval described with the reference to court decisions when suitable. At the beginning of part B there is a summary of the general securing institutes of civil law. Then, the specific securing institutes of the law of negotiable instruments are discussed. These two are included in the first chapter. The second chapter of the part B is dealing with the principles of accesority and subsidiarity of aval and possible subjects of aval. Afterwards, the requirements of form and content of aval are described. In the Part C the issue of protest is explained. In the first chapter the legal grounds of protest are disscused while the subjects of the process of protest are highlighted. After that the whole text oft he next chapter...
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Special modes of contracting by entrepreneurs
Coubalová, Veronika ; Horáček, Tomáš (advisor) ; Čech, Petr (referee)
Thesis title:Special modes of contracting by entrepreneurs This paper deals with the specific ways of closing a contract regulated by the Civil Code, such as auction, public tender and public offer. However, before proceeding to the very subject of this work, it is necessary, at least in the essential features to say, what is a contract and what is the typical way of closing a contract, when it is afterwards discussed what is the special ways of closing a contract. The first chapter deals with the concept of a contract and a typical way of closing it. The second chapter summarizes how to deviate from a typical way of concluding contracts and what arrangements are then used for this procedure. Since this work is aimed at entrepreneurs, so it deals with the specific ways of closing a contract particularly from their point of view. Therefore the paper firstly defines who is an entrepreneur according to the Civil Code and how the rules for contracting are different in regard to entrepreneurs. Although it is not a way of concluding a contract, at the end of the second chapter, a brief description of the public promise is provided, so that it can be judged which legal action results in the conclusion of a contract and which is a public promise and creates an obligation to provide performance without...
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Variations and changes under FIDIC contractual conditions
Kalenský, Tomáš ; Klee, Lukáš (advisor) ; Horáček, Tomáš (referee)
The main aim of this thesis is to analyze variations and adjustments under FIDIC contractual conditions, especially in relation to the private law limits of the Czech legal order. The goal of this analysis is to answer the question whether variations as a special contractual institute are permissible and validly applicable in the framework of construction projects realized in the Czech Republic. The thesis is clearly divided into five main chapters, which are systematically structured from the general introduction to basic issues through the main analysis of variations and adjustments to specific examples of their use in practice. The first and the second chapters briefly present the FIDIC organization and its issued sample contractual conditions, with a brief discussion of most of the sample books. The contractual conditions are also set in the context of Czech law, where emphasis is placed on distinguishing the business terms from FIDIC contractual conditions. In this chapter, the examples of use of the individual sample books in the Czech Republic are also mentioned. In the third chapter, the institute of variations and adjustments according to individual sample books is analyzed in detail. With the exception of the general description of the variation process, the thesis is focused on a...
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Modification of a Public Contract
Chlupáč, Martin ; Horáček, Vít (advisor) ; 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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Leniency Program in Czech, European and World Competition Law
Metelka, Jan ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
This thesis aims to describe the evolution of the leniency program as the key tool to uncover national and International cartels. It begins with a general overview of competition law and the area of cartel Cooperation and focuses on leniency program. This program is for the sake of completeness described not just from the legal point of view but also using theory of games and prisoner's dilemma because both these phenomenon are surprisingly similar to the leniency program. For the first time there is the issue of a deterrence gap, being some kind of indicator of incentives for the cartel members to betray such cartel and uncover its existence to the authorities. Cartels are also described using tables so it is clear how much (uncovered) cartels are there each year, what is the average amount of imposed fines and how many percent of turnover of such companies usually makes the fine. Leniency programs of various states are described in detail, focusing on differences in their complexity and efficiency and some of them are described back to the past, with the Description of the evolution of such leniency program, making it more useful. Special Attention is paid to the Leniency program of the Czech Republic, but also other European jurisdictions are being described because although these states are also EU...
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