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Legal regulation of unfair competition in English and Czech law
Janhuba, Martin ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Resumé v anglickém jazyce This thesis is focused on the legal regulation of unfair competition, unfair commercial practices and on the misleading and unlawful comparative advertisement. The legal regulation was a subject of the major changes under the influence of European union's regulation. The thesis' aim is to analyse and describe the regulation, bring it closer and by using of the partial comparisons contemplate it with the Czech legal arrangements. The structure of the thesis is divided into the introduction, three consecutive chapters and final summary. The introduction chapter is mainly focused on the European's legal regulation version of Unfair Commercial Practices Directive and Misleading and Comparative Advertising Directive. Chapter is focused on consumer protection in English legal regulation prior to implementing of the new European law and further to the form of such implementing and harmonisation. Thesis' task to interpret the main legal regulations' fundamental alterations, which acts as starting basis for the part as follows. The crucial part is listed in the second part, which is divided into the two subchapters. The subchapters follows the directives legal regulation structure. The more extensive subchapter deals with the unfair commercial practices and its task is to interpret the...
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Selected issues of public procurement
Ludvík, Pavel ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
Selected issues of public procurement This thesis deals with analysis of the course of simplified sub-limit proceedings which is one of the types of public tenders according to Act No. 137/2006, Public Procurement Act, as amended (hereinafter referred to as the "Act"). The main object of the thesis is a broad analysis of course of action of the principal within the respective public tender. The thesis focuses on legal regulation "de lege lata" and points out selected issues in daily practise. Following the brief introduction, first chapter focuses on historical development of legal positivism in the the area of public tenders in the Czech Republic. Regarding the particular statutes preceding the Act, the thesis mainly searches for types of public tenders with similar features to the current legal regulation of simplified underlimit proceedings. Second and third chapter focuses on fundamental principles of public procurement and determines fundamental terms used by the Act which is necessary for better understanding of the subject matter. The following main part of the thesis describe particular stages of the sub-limit proceedings, from its very beginning, i.e. from the moment of despatch of the call on initiation of the public tender until its completion. On the basis of analysis of the legal...
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Modes of public tenders
Vrbová, Hana ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of this Master's thesis is to define the particular modes of public tenders in the Czech republic. The awarding of the public tenders represents special mean of concluding the public contracts governed by the Act N. 137/2006 Coll. This thesis concentrates mainly on the description of the particular methods of awarding the public tenders, the conditions required for their use as well as on the procurement procedure itself. The awarding procedure is characterized in accordance with the European judicial decisions, Czech case law and also the decisions of the Office for Protection of Competition. In relation to the newly adopted European directives the thesis analyses also the changes that are brought by these directives to the subject matter.
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Simplified underlimit proceeding according to the Act No. 134/2016 Coll.
Zárybnický, Lukáš ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The rigorous thesis deals with the granting of public contracts in the so-called simplified below-threshold procedure under the current and effective legislation. The introduction of the rigorous thesis defines the basic concepts related to public contracts, divides public contracts according to their types, and analyzes the principles associated with public procurement. The main body of the rigorous thesis focuses in particular on the procedure applied by the contracting authority and tenderers in the simplified below-threshold procedure, from the contracting authority's intent to announce the public contract to the completion of the tendering procedure; the thesis also takes into account further duties and acts related to the completion of the tendering procedure. The individual stages of public procurement in a simplified below-threshold procedure are divided into relatively separate stages, of which the entire public procurement process is composed. In light of the fact that the new legislation concerning public contracts has been applied in practice only for a very short period of time, the purpose of the rigorous thesis is also to compare the current legislation with the previous legislation in the individual parts of the thesis, and thus provide a comprehensive overview of the changes made...
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Specific aspects of public procurement in IT services
Smrčinová, Zuzana ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Public procurement in IT services has recently experienced a significant increase in size and numbers, as well as in the amount of invested financial means. As a result of these trends, problems related to the execution of this type of public procurement have increased as well. Several critics blame these problems on current legislation that is allegedly insufficiently adapted to this specific kind of public procurement. The aim of this thesis is to assess whether the current legislation (particularly, the Act no. 137/2006 Coll., on Public Contracts) gives contracting authorities procuring in the field of information technology enough opportunities to conclude public contracts without difficulties. Or, if this alleged insufficient adaptation of the current legislation to public procurement in IT services is not real. From this assessment, several alterations that could be made to the legislation are suggested. Such suggestions could be used in discussions of the new act on public contracts, which is currently in the early stages of preparation. This thesis has three chapters. The first chapter is introductory. It defines basic terminology relevant to the topic, shows statistics on public procurement in IT services and introduces the specifics of this type of public procurement. The second chapter...
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Specificity of the position of an entrepreneur in concluding business contracts
Kocián, Jan ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
This diploma thesis deals with specificity of the position of an entrepreneur in concluding business contracts. Entrepreneur is mainly viewed as a professional with presumed substantial advantage over non-business parties, especially over consumers. This fact corresponds to his lower level of legal protection, whilst he is obliged to obey higher level of duties and to withstand more limitation in his relationship towards non-business parties, including when he is contracting with them. However, there are some protecting rules in favour of the entrepreneur; these are considered in this work as well. Such rules reflect plain reality, in which the entrepreneur might be in fact the weaker party. Right after definition of fundamental terms, as business law, business contract and entrepreneur are, is further attention aimed to specific legal instruments, some of which are novelty to the Czech legal system. These are pre- contractual negotiation, pre-contractual liability and legal documents used in context with them, esp. in the B2B relationship. Next topic is concluding contracts of adhesion, and position of the entrepreneur as the weaker party. Following chapter is dedicated to deviations from general rules of contracting, namely to modified acceptance of an offer, business confirmation letter and legal...
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Duties of members of a Limited Liability Company
Dulačková, Kristína ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
The topic of Limited Liability Company is a popular issue among the professional public due to the fact that Limited Liability Company belongs to the most favourite and the most widespread companies. This thesis comprehensively explains duties of members of Limited Liability Company in terms of Business Corporations Act and, where appropriate, compares them with those contained in the Commercial Code. After the brief discourse about Limited Liability Company, its nature and its position among the business corporations, the thesis provides characteristics of a share with emphasis on its qualitative aspect. In the second chapter the schemes of duties of members in works of various authors are first of all compared and critically assessed, and subsequently the own division of duties of members is created. A criterion for the division of duties is the fact, whether they are governed by general or special regulation and in the latter whether the duties arise on the basis of the act, or the Memorandum of Association. The characteristics of duties itself is included in the third to sixth chapters, which successively explain the duty of loyalty, the contributory duty, the liability duty, the duty of additional contribution, the duty of personal participation on a company, the duty to contribute to the...
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The concept of an average consumer in Czech and European law
Oriešková, Stanislava ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Resumé The concept on an average consumer in Czech and European law The aim of this thesis is to describe actual trends in conceptualization of average customer, both in Czech and European law. The work focuses on examination of differences in demands placed on average customer depending on the area the customer is currently located at. The first chapter deals with definition of average customer. According to the fact Czech law is influenced by European law, firstly, the definitions in European legislation and case law are mentioned and subsequently also the definitions provided by Czech law. The, it is referred to the definitions in specialized literature. The essential point of second chapter is the protection of average customer. It explores the level of the protection provided by European law and it accents on importance of limits in such a protection. It is also underlined that the level of protection depends on determination of target average customer and it is increased if the target group is the group of particularly vulnerable customers. In third chapter, it is analyzed how the average customer is conceptualized when considering if the action was affected by unfair competition or not. It deals with misleading advertising, comparative advertising and misleading identification of goods and services....
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Legal regulation of economic management including book-keeping of the association of unit owners
Šmejkalová, Veronika ; Zahradníčková, Marie (advisor) ; Horáček, Tomáš (referee)
- Legal regulation of economic management including book- keeping of the association of unit owners The thesis aims to provide summary of legal rules regulating the economic management of the association of unit owners (hereinafter referred to as "association"). Economic management, the key term, is treated in a very broad sense, i.e. including legal regulations addressing related areas of accounting, salaries and taxes. Comparison of former and current legal regulation lies in the focus of the thesis, also included is an assessment of practical impacts of changes induced by recent private law recodification. The thesis also brings quite a few practical examples, showing application of both former and current legal regulation. The thesis comprises seven chapters. The first, prologue chapter, presents the object and goal of the thesis. The second chapter presents definitions of general legal terms used in the area of joint ownership of dwellings. The general term economic management of the association is also presented here as comprising two separate areas, those areas being assets management and cash management. The third chapter deals with association's assets management, focusing on administration of entrusted assets, i.e. of the land plots and common elements of the building. Also presented in...
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Concluding a procurement contract
Svoboda, David ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of this thesis is to provide a comprehensive analysis of the issue of the concluding of public procurement contracts. The thesis provides both an analysis on the conclusion of public procurement contract by itself, so the comprehensive overview and analysis of the acts required to the conclusion of public procurement contract. The thesis is divided into chapters. The first chapter provides the general definition of the public contracts. Next chapters chronologically describe the different phases of procurement procedure as follows: the phase before start of procurement procedure, the phase of procurement procedure, the phase of conclusion of public contract in the strict sense and the phase after the conclusion of contract. Separate chapter concerns the means of defense against the conclusion of public contract in breach of the applicable law.
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