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Rights to use the land
Levý, Jan ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
Rights to use the land Abstract The essential purpose of my thesis is to describe and analyze main rights to use the land and to point out questionable parts of the Czech legislation regarding this subject. The reason for my research consists of the importance of these rights which results from the possibility of non-owner subjects to use the land instead of the owner. In the thesis I have paid attention especially to lease of land as to the most frequent and most important right to use. I have chosen the comparative method aimed at juxaposition of law in force, prior legislation, judicial decisions and accessible legal monographs and articles. The thesis is divided into six chapters, each of them dealing with particular rights to use the land or special legal regulation concerning these rights, which tells the difference from the general regulation. Chapter One explains the fundamental concept of rights to use the land and their subject-matter such as a land, plot and its component and appurtenance. Chapter Two focuses on the lease of the land governed by general provisions of the Civil Code. This part of the thesis is processed in detail and consists of thirteen subchapters dealing particularly with the definition of the lease and sublease, its creation and termination, its content and issue of the rent....
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The Conclusion of a Contract under the United Nations Convention on Contracts for the International Sale of Goods in Comparison with Czech National Legislation
Krčálová, Kristýna ; Boháček, Martin (advisor) ; Levý, Jan (referee)
This Master's thesis focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG), better known as the Vienna Convention. The main purpose of this thesis is to evaluate conditions for application of this international treaty and to assess the contracting process under the CISG including the similarities and differences with the Czech national legislation. Finally, it seeks an answer to the question, which of these rules (international or national) are more advantageous for a Czech contractual party with respect to concluding a contract. The thesis is divided into five parts. The first one represents an introduction to the CISG, its origin and the Czech Republic's attitude to it. The second part identifies the conditions for application of the CISG and therefore defines a subject and an object of an international contract of sale under the CISG. Both third and fourth parts gradually introduce two phases of the contracting process (offer and acceptance) including the relevant case-law. The last chapter strives to complete the contracting process with an analysis of the exact moment, when a contract is concluded, as well as with an analysis of a potential battle of the forms and its impact on a contract conclusion.
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Usurious contracts
Budík, Ondřej ; Moravec, Tomáš (advisor) ; Levý, Jan (referee)
Bachelor thesis deals with the legal issue of usurious contracts in the Czech Republic, especially in the narrow sense of the word. Analyzes the current criminal and private law, while trying to answer whether the New civil code has brought crucial legal tools for fighting usury. Theses is also considering the appropriateness of the possible implementation of the interest rate ceiling into the Czech legal syste and assesses the current legislation
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Internet advertising and its legal aspects
Petrova, Evgeniia ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The thesis deals with the legal aspects of Internet advertising. The main aim of this thesis is to define a legal code corresponding to this issue and to compare with the laws in Russia. The aim also is specify the efficiency of this legal aspects and review sufficiency of protection of consumers. Further explain the issue of spamming, find out its benefits to the retailer and negative aspects for consumers, and also to compare legal aspects of spamming with legislation in Russia.i
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Executory Process - Selected Issues
Svědíková, Žaneta ; Moravec, Tomáš (advisor) ; Levý, Jan (referee)
The bachelor thesis deals with selected issues of enforcement proceedings - garnishee of wages and garnishee order. Attention is mainly paid to possibilities of legal protection of the debtor and third parties at the enforcement proceedings and the situation is viewed primarily from the perspective of the employee. The thesis is composed of four chapters and each of them contains analysis of important aspects of enforcement proceedings.
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Russian and Czech specifics of copyright protection in the sphere of audiovisual works
Podgornaia, Kseniia ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The significant part of the diploma thesis is oriented on the aspects of audiovisual content copyright law and the illegal usage in two countries, such as Czech Republic and Russia. The main task is to concentrate on pros and cons of their copyright law protection against content rights infringing, i.e. piracy. For deeper analysis, Czech and Russian laws investigation in details is to be made in relation to the law enforcement to the audiovisual content. Then the comparison of the punishments for the copyright law infringement is to be provided and the results of antipiracy activities within appropriate organizations in mentioned countries is to be considered. Subsequently the theoretical part is to be applied in concrete cases of court practices and finally the conclusion of the whole work is to be made. The value of the diploma thesis lies in the attempt of answering the questions, why piracy still exists in the chosen countries. This question is connected to antipiracy actions and their possible obstructions.
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Legal Regulation of Extradition
Krečová, Ivana ; Grmelová, Nicole (advisor) ; Levý, Jan (referee)
The aim of this bachelor thesis is beside legal definition of extradition also to answer a question, whether the replacement of classic extradition within the European Union by European Arrest Warrant was successful and what its tendency is since the implementation. The thesis also deals with a change of the role of Eurojust which was brought by the Lisbon Treaty. In the theoretical part the thesis focuses on historical development of extradition within the international judicial cooperation, explanation of basic terms and legal regulation of extradition. Development of extradition within the European Union is also described there and so is the comparison of extradition to European Arrest Warrant. The practical part is then dedicated to analysis of particular court decisions as an example how extradition and European Arrest Warrant work in practice.
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The legal aspects of EU's asylum policy
Bernasová, Tereza ; Grmelová, Nicole (advisor) ; Levý, Jan (referee)
The theme of this Bachelor thesis is the analysis of asylum legislation in the European Union. In the theoretical part of this thesis is the examination of the development of the asylum policy, starting with the 1951 Convention relating to the Status of Refugees and ending with a critique of the current situation. Each phase of harmonization corresponds with the most important treaties and programs which European Union members have adopted. The thesis also evaluates various stages of development and estimates the trajectory of future development. The practical part focuses on the judgments of the European Court of Justice, which determines and enacts the interpretation of EU directives and regulations related to asylum system. Furthermore this bachelor thesis focuses on the social, economic and safety factors associated with the asylum policy. In conclusion, this bachelor thesis will give a comprehensive view of the legislation, but also a practical demonstation relating to the rights themself.
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The comparison of the regulation of joint-stock company in the Czech Republic and in Russia
Polach, Miroslav ; Kříž, Radim (advisor) ; Levý, Jan (referee)
The aim of this thesis is to provide the reader with basic information about doing business in Russia and about options of entering this market (entering in cooperation with a local partner, establishment of commercial representation, a subsidiary, a company and about specifics of joint ventures in Russia). The second and the main aim of this thesis is to compare the Czech and Russian regulation of the joint-stock company and this way to draw the attention of the people interested in establishment of this type of corporation to main differences compared to a well-known Czech law. After a general introduction the main part of this thesis if focused on comparison of the most important parts of the regulation which determine the functioning of the joint-stock company -- regulation of the shared issued by the company, rights and duties of the shareholders, bodies of the company.
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Collective dominance in competition law and its abuse
Kolarczyková, Eva ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The aim of the diploma thesis is a comprehensive analysis of the concept of collective dominance, in particular with reference to the evaluation of its applicability and utility in practice. The first chapter deals with the main features of the oligopoly market and Czech and European legal provisions on the abuse of a dominant position and mergers within which it has evolved. On base of the analysis of Court of Justice and General Court judgements the second chapter explains the notion of the collective dominance and examines the obligatory conditions of the collective dominance, as well as the factors which influence these conditions. The third chapter concerns the concept of collective dominance with regard to competition law taxonomy. It compares not only the test of collective dominance applied pursuant to the article 102 TFEU with the test applied according to the Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, but also the concept of collective dominance with the agreements pursuant to the article 101 TFEU. It also deals with abusive practices typical for oligopolies. Beside the explanation of the UK legislation the last two chapters illustrate decisions of competition authorities in the Czech Republic and in the United Kingdom and analyse and compare them. The diploma thesis is concluded by the analysis of main shortcomings of the concept of collective dominance and the evaluation of actual state of the examined topic with the aim to abstractly summarize knowledge gained through the thesis.
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