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Rights and duties of a member of the unit owners association
Brinda, Pavol ; Oehm, Jaroslav (advisor) ; Horáček, Vít (referee)
93 8 Summary The purpose of my thesis is to analyse rights and duties of the member of Flat owners association. The study characterises qualities and shortcomings of the valid legislation in one of the most important sectors of housing and tries to compare it with a new legislation, which is in preparation. Next purpose of this study is to provide sollutions of everyday problems associated with the housing issue. My thesis is composed of four chapters. Chapter One is introductory and defines basic terminology used in the sector of housing. The chapter is subdivided into four parts. Part One characterises sector of housing in common. Especially it focuses on terms flat and non-residential premises and ownership of these immovable things. Part Two describes history of this special sort of ownership. Part Three explains theories associated with the housing and attempts to systematize them. Part Four looks at valid legislation. Chapter Two describes artificial legal entity created by the statute called The flat owner association. The chapter consist of eight parts and deals with the legal capacity and purpose of this legal entity, with membership in the flat owner association, with commencement and cessation of its legal existence, with its bodies and Articles of Association. The flat owner association does not...
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Exceptions to the cartel ban
Křížková, Michaela ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Exemptions from cartel prohibition English summary On 16 of December 2002 the European Commission adopted a Regulation Nr. 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty which was revolutionary as it has totally changed the way of obtaining a legal exemption from a prohibition of cartel agreements contained in an article 81 section 1 of the EC Treaty. Before the Regulation the Commission granted its approval for exempting certain types of agreements which fulfilled the conditions under the article 81 section 3 of the EC Treaty, i.e. if they contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives and afford such undertakings the possibility of eliminating competition in respect of a substantive part of the products in question. A weak point of such a regulation was that the Commission was permanently overloaded by numerous demands for declaration of inapplicability of a cartel prohibition. Therefore there was strong need to modify the system in order to make the work of the Commission more effective....
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The Legal Exceptions from the Cartel Prohibition with Regard to Crisis Cartels
Kolářová, Tereza ; Horáček, Vít (advisor) ; Čech, Petr (referee)
The Legal Exceptions from the Cartel Prohibition with Regard to Crisis Cartels English summary The purpose of the thesis is to provide a comprehensive perspective on the issue of the legal exceptions from the cartel prohibition, carry out a detailed analysis of Czech and European material regulation contained in the Article 3 paragraph 4 of the Act No. 143/2001 Coll. on Protection of Competition, as amended and in the Article 101 paragraph 3 of the Treaty on the Functioning of the European Union, focus on the application of the legal exceptions to the crisis cartels from the practical point of view, particularly on their usage by undertakings and on the approach to the crisis cartels by national competition authorities, European Commission and competition authorities from other selected countries outside Europe. The thesis is composed of four parts. The first part deals with the basic characteristics of the cartel, describes the concept of cartel, European and Czech legislation regarding cartels and competition in general and divides the cartels according to their form and relationship of participants. The second part focuses on the prohibition of anticompetitive conduct in the form of cartels, examines the merits of the cartel and highlights the consequences of breaching the prohibition. It is necessary to...
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Abuse of dominant position - individual forms of abusing practices under Community and Czech law
Nováková, Petra ; Horáček, Vít (advisor) ; Liška, Petr (referee)
Abuse of Dominant Position - Individual Forms of Abusing Practices under Community and Czech law Abstract Competition is a basic mechanism of the market economy. It encourages companies to provide consumers products they want, encourages innovation, and pushes the prices down. In order to be effective, competition needs independent undertakings which are subject to the competitive pressure. That was the reason why Competition law has developed. It should pre- eminently ensure to preserve the competition on the market. Competition law comprising three pillars, namely cartel agreements prohibition, merger control and the law against abuse of dominant position. This thesis focuses on the last mentioned branch of the competition law. Attention is aimed to the individual possible forms of abusive conduct of dominant undertakings. The text explicates this problem from the Czech and European law perspective and attempts to explain individual forms of abusing practices in the light of case law. It only contains substantial law, procedural law is not covered. The main aim of the thesis is to bring out the comparison between the legislation relating to the individual forms of abusing practices in the European law and Czech law and to find out if the approach of the competition authorities on the European and Czech...
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The Protection of Economic Competition with Special Regard to Pricing
Cejpek, Jan ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Legal rules protecting the economic competition against abusive pricing practices are traditionally part of the public branch of competition law. Sensitive drafting of the law by legislator or the prudence of law interpretation by the competition authority or the court in the specific case predetermines the companies` willingness to develop dynamically on the relevant market. Legislation of the poor quality prospectively misleading decisional practice can lead in two extreme situations; on one side unlimited freedom for the dominant company, on the other side unfounded and excessive sanctions, which distract the companies` ambitions to achieve excellence. The topic - The Protection of Economic Competition with Special Regard to Pricing - is dealt in five chapters of the thesis. The aim of the paper is to analyze substantial components in each price form of abuse, solve the relevant questions of law with regard to case study concerning both the European and the Czech context and consider where the development of this law field currently results in. The methodology is mainly based on the comparative and critical research of the decisional practice. Chapter One surveys predatory pricing. It contains passage on the price-costs test, which is the major issue also for the following chapters of the study....
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Comparative advertisement - the development of regulation in the Czech legal order
Studená, Světlana ; Horáček, Vít (advisor) ; Čech, Petr (referee)
- Comparative Advertisement - the development of regulation in the Czech legal order The topic of this thesis is Comparative Advertisement - the development of regulation in the Czech legal order. The thesis is composed of six parts. Part One is introductory and identifies the goals of this thesis. Part two deals with the concept of advertising in general. I defined various categories of comparative advertising as well as various other types of advertising that can-not be considered as comparative. I described also superlative advertising and its aspects as well as the special term " dryáčnická" advertisement, which is a rather humurous section of the Part Two of this thesis. Part Three describes the history of comparative advertising in the first Czechoslovak republic ( i.e. in the period between 1918 and 1938), nevertheless the term " comparative advertising" in today's meaning cannot yet be used in this period. When writing the Part Three, I focused mainly on the Act against Unfair Competition of 1927, and on interesting case law from this period. I also focused on unfair competition in connection with misleading advertising in this period as well as on the no more existing Aero car brand advertising that can be considered as a good example of what is today called comparative advertising. The...
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A bill of exchange or promissory note as a securing instrument
Žánová, Veronika ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
My thesis is focused on a hedging bill. There are already detailed publications on this topic written by authorities in this area. That is why I tried to shift the content of my thesis to comparison of a hedging bill with other hedging instruments. In my opinion in this way this thesis can close one gap in current literature. It is very easy to find a description and detailed information about single hedging instruments. But it is not already so easy to find a comparison in order to be able to choose the one for particular situation or relationship. In this way my thesis is divided into three main chapters. The first one deals with payment instruments, hedging instruments and instruments that stand for both (payment and hedging). It was necessary just in the beginning decide based on which factor I will be dividing instruments among these three categories. I decided for the primary purpose the instrument is intended to be used for. In this way I described single main instruments from each category and made an introductory comparison among them. Second chapter deals with a bill. A bill is well-known instrument used in the whole world. Czech Republic is not an exception. However it is more common in the rest of the world to use a bill as a means of payment, Czechs prefer its role as a hedging...
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Basic principles of public tenders
Frencl, Lukáš ; Plíva, Stanislav (advisor) ; Horáček, Vít (referee)
101 SUMMARY The Basic Principles of Public Procurement The purpose of my thesis is to analyze the basic principles of public procurement. I've chosen this subject because of my great interest in public procurement law. Contracting authorities spend public money in awarding public contracts and the public definitely have an interest in the economical and effective expenditure of public money. Procurement rules are an important instrument in getting advantages such as a lower price, better knowledge about the market and better service from suppliers. Recently, new EU public procurement directives were adopted (directive 2004/17/EC and 2004/18EC). The Czech legislator implemented the new EU public procurement directives into the new Act No. 137/2006 Coll., on Public Procurement. In my thesis I am concerned with both sources. In the EU level I especially deal with directive 2004/18/EC. I try to identify the most important issues in the directive 2004/18/EC from the point of view of the basic principles and appraise their implementation into the Czech legislation. In my thesis I also use judicature (judicature of the European courts as well as Czech courts) a lot, because judicature is very important in this field of law. Not all questions which are rising from applying basic principles are solved in legal...
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Public Procurement: analysis of the most common errors
Střechová, Lenka ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
In my rigorous thesis I deal with the process of public procurement with focus on the most common errors, which occur within the process of awarding the public contract. Its goal is not the description of the process of public procurement and its mechanisms, but it focuses only on its critical areas in which the public authorities usually err. The emphasis is put also on the basic principles of the public procurement, i. e. transparency, prohibition of discrimination and equal treatment, which in my opinion, have to be reflected within the whole process of public procurement. Hence I will analyze how the contracting authorities deal with these principles. This rigorous thesis is based especially on the decisions of Office for the protection of the economic competition and the administrative courts. On the basis of these decisions are explain some of the aspect which are not directly regulated by the Act on Public Procurement and which result to be problematic for the contracting authorities.
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Trade Marks and Their Practical Use in Economic Competition
Vančura, Jan ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
The purpose of this thesis is to outline the legal institution of trade marks in the current positive law - i.e. de lege lata, to introduce the rights and obligations granted and imposed by this legal regulation and to portray the actual usage of these in economic competition, with focus on their enforcement by suit of law in case of the infringement of these rights and obligations by third parties (most commonly competitors). This thesis contains direct citations and certain acquired professional opinions, the source of each of which is denoted in an appended footnote. The first chapter of this thesis is a theoretical introduction, comprising of the definition of trade marks, the national, community and international legal regulation of trade marks and a brief history of trademarks. The second chapter discusses the functions of trade marks, especially their uses in economic competition, their utility from the consumer's perspective and their impact on the market economy. The third chapter of this thesis includes a description of the registration procedure, which is a precondition for the creation of the right to legal protection of trade marks, an enumeration of the particular rights and obligations of persons (namely the owner of a trade mark and third parties) and a description of certain...
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