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The course of a general meeting of a joint-stock company
Sladký, Filip ; Patěk, Daniel (advisor) ; Štenglová, Ivanka (referee)
The course of a general meeting of a joint-stock company The primary goal of the following diploma thesis is to comprehensively analyse the topic in question after the recent recodification of the Czech private law. The author aims to evaluate the current legal state of the course of a general meeting of a joint-stock company by studying multiple relevant sources, outlining the most important legal aspects and reviewing some of the frequently academically discussed contemporary issues and topics. Primarily the author aims to accomplish that by thoroughly studying and examining the newest legal doctrine and some of the most important existing judicial decisions. Systematically the thesis consists of four main chapters. The first chapter contains the general introduction of the matter and a legal definition of a joint-stock company while mainly focusing on its structure and bodies. The second chapter is divided into two parts and generally focuses on the matter of participation and the legal representation on a general meeting. The first part of the chapter highlights the legal reasons of why and by whom the general meeting of a joint-stock company can be convened. The author then defines and discusses all its possible participants in the following part of the chapter. The third chapter is devoted to...
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The concept of an average consumer in Czech and European law
Plavjaniková, Kateřina ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
The theme of my thesis is "The concept of an average consumer in the Czech and European law." The concept of a consumer and its evolution is explained in the first chapter. In the Czech legislation, I focused on the consumer in terms of private and public law. The notion of the consumer is explained from the perspective of the Czech law, the French legislation and, ultimately, the European legislation. Furthermore the French Consumer Code is discussed and its advantages and disadvantages in a light of the German model of consumer law, which is included in the Czech legislation. Finally, I have studied the impact of the European case law on the development of the concept of the consumer and possible proposals for consumer law de lege ferenda. In the second part, the attention is paid to the average consumer. The work deals with its origins in the Czech, German and European case law. Thesis describes a development from an empirical approach, when sociological surveys were used in assessing the impact of business practices, to the normative concept of an average consumer, which is applied consistently with regard to the decision-making practice of the Court of Justice of the EU. The average consumer is a legal construct, an exemplary consumer, from which is expected a certain degree of attention,...
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Special liability of businesses in dominant position
Čechráková, Iva ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Title: Special responsibility of undertaking in dominant position Author: Iva Čechráková Department: Department of Business Law Supervisor: JUDr. Daniel Patěk, Ph.D Abstract: This thesis deals with the doctrine of special responsibility of the dominant undertaking and related issues. The special responsibility of the dominant undertaking is the obligation not to allow its conduct to impair genuine undistorted competition on the common market. The doctrine of the special responsibility is tied to the prohibition on abuse of such position. One concept could not be assessed without the other, because the concept of special responsibility of the dominant undertaking is a fundamental principle for the application of the prohibition on abuse of such position. Based on that it is necessary to describe in this thesis the prohibition on abuse of dominant position together with selected prohibited practices, in which the special responsibility of the dominant undertaking is reflected. This responsibility presupposes a higher standard of vigilance reflected in the conduct of such an undertaking, because an undertaking in dominant position on the relevant market could not take all actions that the other undertakings lacking such market power could do. The question of the superdominant undertakings and the scope of...
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Comparative advertisement - development of its regulation in Czech law
Volf, Petr ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
Comparative advertisement - development of its regulation in Czech law In my diploma thesis I deal with comparative advertising in the Czech legal system. Its main goal is to monitor the development of legal regulation of this phenomenon in historical periods, with an emphasis on private law and its changes after harmonization amendment no. 370/2000 Coll. The work is divided into the introduction, seven chapters, which are further divided into subsections, and the conclusion. Following the introduction, there are three chapters, which are dealing with general topics that are connected with main theme of my thesis. The first chapter briefly allude to regulation of competition, including system of unfair competition with accentuation of the general clause. Next chapter is focused on the general term of advertising with the mention of its self-regulation, which serves as an alternative to legislation. In the third chapter is specification of theoretical frame of comparative advertising, including the list of different types of comparative advertising, which is followed by summary of different legal approaches to advertising comparison. Fourth chapter contains historical overview of legal regulation of comparative advertising in the Czech legal system covering the period from the First Republic to the...
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Contractual penalty as a means of corroboration of a debt in business relations
Palan, Ondřej ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Contractual penalty as a means of corroboration of a debt in business relations The theme of this Masterʼs degree thesis is the contractual penalty as a means of corroboration of a debt in business relations. The author has chosen this topic because the contractual penalty is a traditional private institution, which enjoys great popularity for its function and relative simplicity of negotiation in current practice. The contractual penalty improves a creditorʼs status. It makes a borrowers fulfil their confirmed obligation since in case of its violation, they would have to provide the creditor with performance representing both generalized compensation of the damage and a penalty. In spite of a frequent use of the contractual penalty, its legislation is rather brief and does not cover all problematic aspects. The relevance of the topic increased with recodification of the private law. The main aim of the thesis is to explore legislative changes and their impact on selected problematic aspects of the contractual penalty using chosen methodology. The thesis explains whether legislative changes solve existing problems of the contractual penalty or not, what new questions in the context of the a contractual penalty arise and to what extent the conclusions of judicial decision-making practices are still...
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The course of a general meetings of a joint-stock company
Sáblíková, Martina ; Patěk, Daniel (advisor) ; Štenglová, Ivanka (referee)
- The course of general meetings of a joint-stock company The topic of this thesis is the course of general meetings of a joint-stock company. A joint stock-company is a limited company (a stock corporation), that means a company when membership in this company is connected with the obligation of investment contribution, either monetary or non-monetary, and that upon its formation, or when increasing its registered capital. The supreme body of a joint-stock company is the general meeting. The general meeting is a compulsory formed body regardless of the internal system of joint-stock companies, no matter if it is a monistic or dualistic board structure joint-stock company. With regard to the fact that it is compulsory, it is evident that the general meeting plays an important role in the functioning of the company itself. Within this thesis attention is also devoted to situations which are closely related to the course of general meetings. These are situations that precede general meetings, e.g. convening, and also situations after their closing. Within this thesis is also partly compared current legislation relating to joint stock companies, Act No. 90/2012 Sb., law on business corporations and cooperatives, with the previous related legislation, that means Act No. 513/1991 Sb., the Commercial...
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Ethical regulation of advertising
Mackovičová, Michaela ; Rozehnal, Aleš (advisor) ; Patěk, Daniel (referee)
Ethical regulation of advertising Abstract This thesis deals with the regulation of ethical elements in advertising. Advertising is regulated by law, which protects the most important ethical interests of society that may be violated in advertising. In addition to this an important role is played by regulation standing outside the law, provided by the advertising industry itself. The aim of this paper is to analyze the current position of self-regulation of advertising in the Czech Republic and to assess whether the existing mechanisms are sufficient. This will be accomplished by illustrating the application of self-regulatory rules on specific adverts. The thesis is composed of four chapters. Chapter One defines the term advertising as a social phenomenon from a marketing practice perspective. The chapter focuses on definitions of this term provided by both national and European legislation. Chapter Two gives the definition of ethics as a theory of morality and the term good manners, which is mostly used in legal literature. After providing a brief outline of legal regulation of advertising Chapter Three analyses the most important self-regulatory body in the Czech Republic - the Czech Advertising Standards Council and its decision-making process. The thesis illustrates which ethical aspects are protected...
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Delay in the new Civil Code
Doležal, Tomáš ; Štenglová, Ivanka (advisor) ; Patěk, Daniel (referee)
The thesis which is called "Delay in the new Civil Code" analyses the general legal regulation of delay and its consequences under the current civil code and related European and Czech legislation. The thesis explains the system of the current regulation, explains the nature and meaning of delay, defines the term "delay" and partial terms "debtor's delay" and "creditor's delay" and how they relate to the term of performance of a obligation. The work further focuses on analysis of the individual consequences of debtor's delay" and "creditor's delay. The closing part of the work contains comparison of the current Czech legislation with the international regulations such as UNIDROIT Principles of International Commercial Contracts (PECL); The Principles of European Contract Law and Draft of a Common Frame of Reference (DCFR).
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European law against unfair competition
Kaštánková, Jitka ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
European Law Against Unfair Competition Abstract The diploma thesis deals with the "European law against unfair competition" and the emphasis is placed on providing understandable and comprehensive summary of European law represented by two leading directives of the European Union. The first one is called Unfair Commercial Practices Directive and it focuses on relations between businesses and customers, while the second one, called Misleading and Comparative Advertising Directive, concentrates on business to business relations. Moreover, the realm of unfair competition is richly complemented by the jurisprudence of the Court of Justice of the European Union, which dedicates many of its rulings to this problematic due to its indispensable significance. The content of diploma thesis is divided into several chapters. The chapter following the Introduction gives brief definitions of the terms typical for this branch of law, for example competition or average consumer. The third chapter takes into account historical development of unfair competition at European union level and its direct impact to Czech legislation. For this reason, the fourth chapter includes a short discourse about unfair competition from the point of view of the latest Czech Civil Code. Questions relating to consumers and protection of their...
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Comparative advertisement - development of its regulation in Czech law
Srněnský, Jakub ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
The diploma thesis is related to the comparative advertisement and its chronological development in the czech legal order. The aim is an explanation of the comparative advertisment institute, its history and modified private law regulation in the Civil Code no. 89/2012 Coll with comparison of individual past legislation and consideration of European law. The thesis consists of an introduction, four chapters, their subchapters and conclusion. The first chapter defines the general notions related to the comparative advertisement institute starts from the economic competition, private branch as competition law and the definition of advertisement, its history and understanding. Afer the advertisement definiton loosely follows second chapter which solely deals with the comparative advertisement institute. In this chapter a reader gets acquanted with the terminology, theory and practical cases of comparative advertisement. Then he is able to clarify the positives and negatives of comparative advertisement. The third chapter deals with the historical excursus starting with section of the legislation of the comparative advertisement from year 1919 to 1950, followed by the historical part from the lack of freedom period and ending with revolutionary legislation in year 1989 which is subsequently divided to...
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