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Entering into a public contract
Hlaváček, David ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
Public procurement according to the Act. No. 137/2006 Coll., on public contracts, as amended, represents a distinctive contracting process characterized by a significant level of legal regulation and formalization, which differs the procedure from the standard contracting process according to the general laws. Despite this difference, public procurement is still a civil contracting process, which is by its nature a special contracting procedure to the general contracting procedure. Therefore, the subject matter of this thesis is an analysis of selected aspects, specifics, and differences of public procurement contracting procedures from genereal contracting procedures. The thesis is divided into three chapters. Chapter one deals with the position of the public procurement law in the system of law. Chapter two provides an analysis of public procurement contracting procedures aspects and specifics, and chapter three deals with the modifications of subject matter and content of public contracts. The topic is analysed both acorrding to the present public contracts act, and according to the new european public procurement directives and public contracts act bill. .
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Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders
Křížová, Iveta ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
RESUMÉ AJ "Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders" The annual report of the Office for the Protection of Competition for the year 2014 comes to a conclusion that the most frequent mistake of a contracting authority is stipulation of disproportional (discriminating) qualification requirements. The objective of my paper is shedding light on selected contentious areas that are dealt with by the Office for the Protection of Competition, by regional courts or by the Supreme Administrative Court respectively, thus illustrating the most frequent mistakes committed by contracting authorities when stipulating qualification requirements. The paper is structured into several chapters for addressing the selected topic. The first part of the paper introduces the basic concepts and the institute of public tenders closely related to subsequent setting of qualification requirements while also referring to elementary judiciary practice. The subsequent chapters describe particular categories of qualification requirements like elementary qualification requirements, vocational qualification requirements, economical and financial qualification requirements, as well as technical qualification requirements. Each chapter showcases...
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Patent licensing and transfer of technologies from the perspective of competition law
Nemčeková, Ivana ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
The thesis deals with the relationship between legal protection of competition on the market and legal protection of inventions, illustrated by the relations emerging in connection with licensing of patents. Text of the thesis is divided into four chapters, first two of which constitute a basis for the analysis of chosen subject-matter covered in two subsequent chapters. The topic of the thesis is explored from the viewpoint of competition law; therefore the first chapter introduces competition law foundations and legislation in the EU and the Czech Republic. Besides basic legal institutes the thesis pays attention to legislation and judicial decisions related to technological markets on which patents and their licensing constitute a common part of business strategies. Second chapter covers industrial property protection of inventions in Czech legislation, its foundations and its interconnection with such protection on the international level. The third chapter discusses technology transfer, i.e. transmission of technology information between undertakings on the market. Such information is protected mostly by patents hence it constitutes the issue of both competition law and patent law. With regard to the territorial and exclusive character of the rights resulting from a patent, there are...
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Institutes related to the tender price in the award procedures of public contracts
Stowasser, Marek ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...
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Usufructuary lease
Kešner, Václav ; Liška, Petr (advisor) ; Horáček, Tomáš (referee)
The main goal of this diploma thesis is to summarize usufructuary lease in accordance to Book Four of the current Civil Code, entitled "Relative property rights", Title II. "Obligations arising from juridical acts", second Chapter "Relinquishing a thing to be used by another" and the fourth Section entitled "Usufructuary lease", which is a separate type, that returns to code of private law after more than sixty years. At the beginning I dealt with circumstances of the return of the old-new Institute and the situation that preceded the efficiency of the Civil Code. Next chapter is devoted to the interpretation of some basic concepts that are not known to general public due to its archaic wording, but their definition is the basis for understanding the relationship between usufructuary lessor and usufructuary lessee. Part of this chapter also describes the thin line between lease and usufructuary lease, that lies mainly in different economic function, thus in fact, that a thing is according to a usufructuary lease contract, relinquished not only for use, but also for enjoyment. Subsequently, the diploma thesis continues with the history of usufructuary lease in the 19th and 20th centuries with an attention to Act no. 847/1811 Coll. a. s., General Civil Code, that was adopted into Czechoslovak legal...
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The course of restricted bidding procedure in public procurement
Čechová, Štěpánka ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The topic of this diploma thesis is The course of restricted bidding procedure in public procurement. It is one of nine types of award procedures which are allowed by act on public procurement. The thesis is compiled with respect to short effectiveness of new Act. Nr. 134/2016 Coll., on public procurement, its main legislative source, which is however on many places compared to foregoing Act. Nr. 137/2006 Sb., on public procurement, as amended. In the first section of the thesis there is short excursion into history of public procurement. Second part is dealing with legislation regulating public procurement, namely European legislation, local laws and decrees. Third section is defining major terms relating to public procurement. In fourth section the discussed issues are being narrowed down to above-the-threshold public contracts, by which the usage of the restricted procedure is not limited by any conditions as other types of award procedures usually are. All other types of award procedures which can the contracting entity chose for above-the-threshold public contracts are shortly discussed in this section. Fifth section is discussing initiation of award procedure, submission of requests to participate, tenders, their submission and opening. Sixth part is dedicated to assessment of tenders and...
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Selected aspects of the profile of a contracting authority
Křesálek, Lukáš ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The goal of this thesis is an analysis of some aspects of the contracting entity profile, which we include in public procurement law. The first part is devoted to the development of the contracting authority profile from a historical perspective, from legislation Czechoslovak Republic until a valid and effective legislation, which is Act no. 134/2016 Coll., on public procurement, as well as an analysis of the concept contracting authority profile, it emerges from its legal definition. The second part, which can be described as its core, contains a progressive analysis of the various aspects of the contracting authority profile and its use as a legal institute in theory and practice. The thesis contains partial conclusions, references to the decisions and also the recommendations or proposals for legislation de lege ferenda.
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Modes of public tender
Kohoutová, Adéla ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
Title: Modes of Public Tender Author: Ing. Adéla Kohoutová Department: Department of Business Law Supervisor: JUDr. Tomáš Horáček, Ph.D. In my diploma thesis I focus on the topic of public procurement, especially the modes of procurement. This issue is very topical mainly due to the existence of the new Law on Public Procurement which is currently in the middle of the legislative process. In the very first I deal shortly with the history of regulation of public procurement. Further I think of the status of procurement law in the legal system and I also introduce the basic principles of public procurement including its application on small-scale public tenders. In chapter three I try to give brief overview of all modes which can be used in public procurement according to the current legislation. For each of them I concentrate on its specific characteristics and highlight the peculiarities that distinguish it from others. It is not my intention to submit precise instruction for the procedure under the Law on Public Procurement or exhaustively comment on the statutory provisions. The most important chapter of the whole thesis is chapter four where I describe various innovations that will be brought by the new Law on Public Procurement which should apply soon. I focus on the most important changes and...
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Concluding a contract resulting from public tender
Pabišta, Karel ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
This thesis aims to discuss the process of concluding contracts resulting from public tender, and its comparison with the draft law on procurement procedures approved by the Czech government. The thesis describes the current legislation on concluding contracts resulting from public tender and its subsequent amendments in three separate chapters. The first chapter briefly defines the basic terminology of the public procurement procedure, which is crucial for the whole process of concluding public procurement contracts. The second chapter deals with selected aspects of conclusion of public procurement contracts in open procedure. These aspects are commencing of tender procedure, boundness of the submission of tender, security, opening of envelopes with submissions, and the selection of the best submission and obligations of public authorities after conclusion of public procurement contract. Chapter three is the most detailed part of the thesis, which deals with changes in public procurement contracts. Chapter three first describes the development of the case law of the Court of Justice of the European Union, and then is followed by changes in the subject of public procurement contracts and changes in the contracting parties of public procurement contracts. Powered by TCPDF (www.tcpdf.org)
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Trademarks and their practical application in economic competition
Tecl, Jan ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The goal of this diploma thesis is to compare trademarks in terms of their systemic and practical functioning not only in terms of economic competition and to identify pitfalls and formulate recommendations both practical and de lege ferenda. Trademarks and their institutes are also compared with other exclusive rights to labels. By way of their mutual comparison I attempt to find systemic and procedural differences in differing legislation and following that, attempt to identify aspects that could enrich either subsystem of rights to label. This thesis is divided into 6 chapters. In the opening chapter, I deal with the definition of key terms as well as the role of trademarks in industrial property rights. Following that I deal with mark law as enshrined in international law as well as the individual systems - national, European and international. The greatest attention is given to trademarks and their various aspects. An entire chapter is spent on their detailed exploration and analysis as well as their comparison with other rights to label. Recommendations, both practical and de lege ferenda are formulated based on this analysis. Attention is also given to the law enforcement of industrial property rights as well as the use of instruments of private law, especially as it concerns the right to...
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