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Law of international land transportation
Pálková, Alena ; Švarc, Zbyněk (advisor) ; Kotoučová, Jiřina (referee)
The aim of this work is to summarize and systematically describe the overall conditions of the international ground freight services. In the introduction there is a brief characteristic of the current situation at the area of international trade with respect to the international freight services. In the second part there are mentioned and briefly described the related multilateral contracts (Convention on International Transport of Goods Under Cover of TIR Carnets, European Agreement concerning the International Carriage of Dangerous Goods by Road ADR, Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage ATP and European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport AETR). The main accent is put on the Convention on the Contract for the International Carriage of Goods by Road (CMR), which was negotiated by the contracting parties in Geneva, 19 May 1956 and which is the most important and comprehensive document in this branch of law. There is also mentioned the national law as a supportive source of law to be used for cases which are not covered by the CMR Convention as well as the Incoterms rules which are standard trade definitions most commonly used in international sales contracts. The third part analyzes the regulations with respect to the Czech Republic. It gives more details about the CMR Convention and its regulation of rights and liabilities of the contracting parties of the contract for the international carriage of goods by road and regulation of related documents. There are mentioned articles and provision of "Zákon o mezinárodním právu soukromém a procesním and Obchodní zákoník", which are applicable in the area of international carriage of goods and there is also referred to how the Incoterms influence logistics. The fourth part briefly describes other contract known by the Czech law and compares them with each other. There is also mentioned the current situation on the field of logistics and usage of individual contracts among the carriers and related contracting parties. The fifth part gives a brief overview of logistics from the international trade perspective. In conclusion there is a recapitulation of the above mentioned sources of law for the logistic area and it is stressed out, how important it is for the contracting parties of the contract for the international carriage of goods by road, mainly for the carrier, to be familiar with the regulations and to take account of them when negotiating the contract and choosing and training his employees.
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Alternative dispute resolutions in trade relations
Štávorská, Zuzana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis discusses the alternative dispute resolution methods in trade relations. The main objective of this thesis is to describe and analyze ADR as a group of methods used to resolute disputes with focus on two main methods - mediation and arbitration. My objective is to describe the main principles of ADR, to compare their main advantages and disadvantages and to analyse the process of resoluting disputes by these methods. Another objective is to evaluate and analyze the development of ADR in the Czech Republic, their legal regulation and its current status. A short part of the thesis concerns about regulation of mediation in the EU and the analysis of implementation of the European Parliament and Council Directive 2008/52/EC dated May 21, 2008 to national legislation. Thesis is divided into five separate chapters. The first, introductory chapter only briefly discusses about dispute and conflict and ways they can be solved. The second chapter already characterizes ADR as a group methods of dispute resolution, its main principles, advantages and disadvantages and finally briefly describes some of the ADR. The third and fourth chapter focuses on the mediation, its principles, advantages, disadvantages, the mediation process and mediator. It monitors the development of mediation in the Czech republic and the current situation in the legal regulation of mediation in the country. The last chapter deals with arbitration. It describes its basic principles, advantages and disadvantages again. The conclusion discusses the czech Arbitration law and the forthcoming amendment.
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Leasing Contract and its Application in Practice
Hrdlička, Tomáš ; Švarc, Zbyněk (advisor) ; Kotoučová, Jiřina (referee)
This thesis is focused on the topic of leasing especially from the legal point of view. The first part deals with history of leasing, definition of leasing, dividing of leasing according to different criterias and also with Czech leasing market. The following part is concerned with legal regulations of leasing (leasing contract) primarily in Czech, but also in European and international law and formulation of terms of the leasing contract as well. The final part contains the main objective of this thesis, which is analysis of the general commercial terms of the leasing contract and their comparison with legal regulations. In connection with this analysis, there are mentioned several suggestions and recommendations for improvement of the current situation.
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Contractual penalty – the frequent type of security
Šedová, Klára ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Contractual penalty is an effective and in practice often used type of security. However, we cannot consider the Czech legal regulation of the contractual penalty as ideal and there have been many difficulties connected with the application of this instrument. The thesis aims at clarification of the functions of contractual penalty, conditions for its valid and effective creation and consequences of the excessive sum of contractual penalty. Furthermore, the thesis focuses on the relation between contractual penalty and other legal instruments and finally also on comparison with other types of security. Main legal sources of the final thesis are court decisions, especially judgments of the Supreme Court of the Czech Republic. In the thesis there are used methods of historical and comparative interpretation.
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Consumer protection - liability for defects concerning a sale of textiles
Šedivá, Jana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The aim of this bachelor thesis is to analyse and elaborate problems around liability for defects concerning a sale of textiles. Another purpose deals with evaluation of consumer experience in this matter which results from a questionnaire. The thesis defines basic notions in this area and describes a legal relationship between consumer and seller in the meaning of the liability for defects. An overview of consumer rights which can be applied in complaint procedure with regard to the nature of defects is adduced. Furthermore there are summarized phases of complaint procedure. The results from evaluation of respondent's answers are presented in the form of graphs with a verbal commentary at the conclusion.
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Unfair commercial practices in european and czech legal regulations and in practice of the courts
Štouračová, Vanda ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The bachelor thesis deals with charting of unfair commercial practices on consumer. Initially there are described unfair commercial practices in legal regulations of EU and Czech Republic and distinguished into misleading and agressive practices. There is also included description of misleading advertising. Besides unfair commercial practices there are described businessunlike commercial practices boundaring with legal regulations. Lastly there are stated chosen European and Czech court decisions and through them are shown aforesaid unfair commercial practices on particular judgements in practice.
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Electronic commerce
Zvolánková, Pavla ; Kotoučová, Jiřina (advisor) ; Žák, Květoslav (referee)
The thesis deals with a description of electronic commerce from its beginning up to present situation in this area. It explains basic terms connected with electronic commerce and it summarizes the relevant legislation. Moreover it describes e-contracts and rights and duties of both contractual parties. The main view is the view of Internet retailer, which is reflected in the practical part focused on concrete problems of retailers.
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Collection of the debts out of consumer credits
Polach, Miroslav ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The Bachelor thesis describes the whole process of collection of debts from the first day of the debtor's delay with paying-off, risk loan origination and running of out-of-court collection in the bank to eventual collection in the execution proceedings, whereas the main part of the thesis has been focused on the judicial proceedings. The thesis practically describes especially the real procedures used in solving risky and hardly enforceable debts in the banks as well as by collection and law offices specialized for this type of work, and also explains the relations between these subjects. The reader should understand, why the sides are acting in particular situations in the described way and not differently. This thesis has been written to be used as a practical manual for banks, collection offices and their employees or potential creditors, who are interested in buying some claimes. The possible debtors on the other hand can get to know some methods, which could be applied to minimalize the negative results connected with their financial shortcoming and unability to pay.
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