|
|
Bank guarantee
Hejná, Veronika ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
Bank guarantee Even after recodification of the private law in the Czech Republic, the bank guarantee remains an important means of covering risk; mostly due to its universal nature. The aim of this thesis is to provide a comprehensive view on the topic of bank guarantees, especially in light of the new Civil Code. The work will focus on defining the nature of the bank guarantee, as well as the ties between the subjects of the relationship formed within bank guarantees, and its basic principles. I have chosen this subject matter, as the bank guarantee remains pertinent, not only in foreign trade, but also in the Czech Republic, as evidenced by legislation such as the Public Procurement Act, the Act on Public Auction, or in the Customs Law. However, the most important role of bank guarantees remains in international trade, where in addition to market risk and performance risk of the contractual counterparty, a territorial risk prevails. In international trade, usually multiple banks take part in the guarantee relationship. This thesis is divided into eight chapters. The first chapter deals with ways of debt security in the new Czech Civil Code and conceptual and terminological changes. It briefly outlines and defines the institutes of insuring debt in new Civil Code. The second chapter concentrates...
|
|
|
Predatory Pricing as an Abuse of Dominant Position in Czech and EU Law
Kuča, Viktor ; Černá, Stanislava (advisor) ; Horáček, Vít (referee)
Charles University in Prague Faculty of Law Rigorosum Thesis Viktor Kuča Predatory Pricing as an Abuse of Dominant Position in Czech and EU Law Abstract The thesis deals with predatory pricing which represents an abuse of dominant position. First, the thesis focuses on the main issues necessary to understand the basis of predatory pricing and reflects on how to address this abuse so that the ban on predatory pricing achieves its objectives. Second, the thesis describes what the competition authorities have to prove in order to establish that predatory pricing has taken place. Third, it deals with circumstances which are often associated with predatory pricing and, therefore, give a valuable clue as to whether predatory pricing has occurred or not. Fourth, the thesis focuses on sanctions that may be imposed on firms involved in predatory pricing.
|
|
|
Negotiated procurement without publication - economy vs. discrimination
Čermák, Petr ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The core of diploma thesis lies in analysis of public procurement procedure of which defining features in all the world public procurement systems are elimination of competition and constraints to the transparency, which opens up the scope especially for disguised breaches of law, discrimination of suppliers and corruption - negotiated procedure without notice. Existence of negotiated procedure without notice is not overseen in the Czech legal environment. Frequency of its use currently amounts to significant 20 per cent of all awarded contracts. This procurement procedure has been traditionally justified in all procurement systems by specific circumstances, which from its nature either eliminate competition, or there is another public interest, which outweigh free competition. Thus balancing of such interests tends to be the major problem when assessing permission to use this non-transparent procedure. Negotiated procedure without notice has already occurred in the Czech law in the first legal act, which governed public procurement. The respective groundbreaker was the Act No. 199/1994 Coll., which was inspired by the UNCITRAL Model law on public procurement. After the accession to the European Union, the Czech Republic was forced to reflect common procurement framework and to implement provisions...
|
|
|
Process of public procurement in the Czech Republic
Riegerová, Adela ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
This thesis deals with an issue of public procurement in the Czech Republic from a legal perspective which is a sui generis legal area falling within the scope of public and private law. In case of public procurement it is always important to consider not only the public interest, inter alia on economical and efficient use of public resources (finances), but also aspect of financial or time expenditures or an interest to minimize the administrative burden of procurement procedures. Finding a compromise between various - often conflicting - interests, falls on the legislators and relevant decision-making practice of tribunals or the Office for Protection of Competition. The purpose of this thesis is to provide a comprehensive analysis of the public procurement legislation with regard to its historical and legal development, national decision- making practices, impacts of an European aspect (including relevant European case law), as well as to diversities in procurement law at the European Union level or in the European Union member states. This thesis is divided into three parts. First part is devoted to the theoretical context of the public procurement. Second part focuses on the procurement as a process decaying into sub- phases in summary aiming to select the best supplier for a performance of a...
|
|
|
Regulation of electronic communication market in terms of protection of economic competition
Sedláčková, Monika ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of my thesis is to analyse regulation of electronic communication market with regard to competition law aspects. Electronic communication sector of nowadays globalized world is developing rapidly and represents a precondition for the economic growth. Due to the characteristics of a network industry and the fact that this sector was regulated historically by monopoly firms owned by the state, the purpose of this paper is to identify which difficulties this market has to face through the dualistic regulation. To secure a fair competition with equal conditions for competitors operating electronic communication networks or providing electronic communication services is not an easy task, nevertheless it's essential for the welfare of the consumers. My thesis is composed of six main chapters. In the first one, I provide the definitions of the main terms which are related to this topic. Moreover, I focus on the characteristics of the electronic communication sector and integrate the topic into the historical context. In particular, I describe the beginning of the liberalisation of this sector and provide an outline of the harmonisation process which is represented by the legal provisions adopted by the European Union. Second and the most extensive chapter is dedicated to ex ante regulation which...
|
|
|
Abuse of a dominant position - the concept of abuse and modes of abusive conduct
Duhan, Andrej ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Abuse of a dominant position - the concept of abuse and modes of abusive conduct Abstract This thesis deals with an abuse of dominant position, specifically with concept of abuse as such and subsequently with individual abusing practices. Article 102 TFEU as well as § 11 ZOHS do not define concept of abuse, it is therefore necessary to analyze case law for their understanding. The same apply in case of individual abusing practices. This analysis is fitted into the wider framework which consists in exploring the object of Article 102 and the method of its application, particularly in regards to Commision's effort to modernization. The main aim of the thesis is critical reflection of case law in the context of searching of purpose of Article 102, not comprehensive and detailed review. The thesis is composed of three chapters. Chapter One characterizes basic objectives of Article 102 and method of its application. Due to brief text of Article 102, the objects of the Article are really crucial for its interpretation and application. In the same way assessment methods can fundamentally change and shift use of Article 102. Basically there are two different objectives and two different methods. Objectives are ordoliberal economic freedom protecting competition as a process and consumer welfare pursuing growth of...
|
|
| |
|
|
Protection of Domain Names
Valentová, Tereza ; Horáček, Vít (advisor) ; Štenglová, Ivanka (referee)
Protection of Domain Names (master's degree thesis) The purpose of my thesis is to analyse a legal interpretation of the domain name. The thesis analyzes the theoretical base of this term, authorities competent to constitute rules on the market of domain names and to decide how to judge corelated disputes, attention is also drawn to the conflict of protected names and domain names. The important question to be answered is the eventual social significance of a juridical framework of domain name. The question of domain names (and also other institutes connected with internet) is a widely discussed and disputed topic. The last three decades the rules and the execution of them were constantly developing and underwent major changes. Therefore it's very interesting to watch this progress and to compare the many different points of view on the whole issue. Those were the main reasons for my research. The thesis consists of seven chapters. Chapter One, Two and Three are introductory, they define the term 'domain name', its function and structure. They also express and explain the basic terminology attached to domain names. Chapter Four analyzes the place of the domain name in Czech law system. This chapter is divided into two parts. Part One is focussing on the previous private law codex. The Second Part...
|
|
|
Unnotified on-site investigation in competition matters
Hrubý, Hugo ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Unannounced on site inspections in competition The purpose of my thesis is to analyse unannounced on site inspections in the competition law with regards to the Czech and European Union legal system. The thesis is composed of six chapters. Chapter one is introductory and defines the aims of the thesis. Chapter Two briefly discusses the basic legal framework of this area of law. Chapter Three is subdivided into six subchapters and sets out the competence of competition authorities including the cooperation within the European Competition Network. Chapter Four consists of two parts and concentrates on problems resulting from specific administrative proceedings before the Office for the Protection of Competition. Chapter Five is composed of fourteen subchapters. Each of them deals with specific aspects and details of inspections in a broader perspective. Following the brief overview of national and European legal framework the text focuses on constitutional issues related to inspections, cooperation between the competition authorities and the police, right to seal the business premises, the nature of business and non business premises, the duty of cooperation, the examining of business books and other records related to the business, inspection protocol, imposition of fines and the most important...
|
|
|
Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
|
guest ::
RSS feed.