|
|
Competences of the general meeting of a limited liability company
Švestka, Vít ; Štenglová, Ivanka (advisor) ; Patěk, Daniel (referee)
and keywords This diploma thesis deals on the competence of general assembly in a limited liability company. In the introduction the author made a brief historical summary presenting the previous legislation of the Czech republic. The thesis is divided into four parts. The first part concerns with the general findings on the competence of general assembly including its classification. The second part is special to the first one, since it concerns with particular cases of competencies. This part is the most voluminous one because of its goal to interpret various conditions to take a decision depending on case of competency. In the third part the author made description of the French legislation and compared it to the Czech one. From the previous findings the author made a critical evaluation of contemporary legislation in the fourth part as well as specific suggestion for law-making changes.
|
|
|
Partner's Position in a Personal Business Company
Kocián, Michal ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
The rigorous thesis "Partner's Position in a Personal Business Company" deals primarily with rights and obligations of partners / limited partners arising to them upon their participation in the general or limited partnership (the "Company"). The focus of this thesis is the examination of these rights and obligations in light of the recodification, i.e. upon coming into effect of Act No. 89/2012 Coll., the Civil Code, and Act No. 90/2012 Coll. on business corporations and cooperatives (the Business Corporations Act). Both laws referred to in the previous sentence became effective on 1 January 2014. The aim of this rigorous thesis is to describe not only each of these rights and obligations of a partner of the general/limited partnership but also to characterise individual problems brought about by this re-enactment and to find at least some way out of such problems, if possible. Hence, the work resolved, on the one hand, the partner's rights, i.e. the right to a share in profit, the right to the reimbursement of expenses incurred by the partner in settling the Company's affairs, the partner's right to the settlement share and to a share in the liquidation balance, The thesis also deals with issues concerning the statutory body of the Company, the management of the Company's business, the partner's right to...
|
|
|
Shares as securities
Nováková, Magdalena ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Zusammenfassung Aktie als Wertpapier (Shares as Securities) Das Ziel dieser Diplomarbeit ist, die Einsicht in der Aktienproblematik hervorzubringen, vor allem aus der Sicht des Gesetzes Nr. 89/2012 Slg., Zivilgesetzbuch (im Folgenden "Das neue Zivilgesetzbuch"), das Bestimmungen über Wertpapiere enthält, und des Gesetzes Nr. 90/2012 Slg., über die Handelsgesellschaften und Genossenschaften (im Folgenden "Das Gesetz über die Handelskorporationen"), das sich auf die Aktien konzentriert. Gesetz Nr. 256/2004 Slg., über die Kapitalmarktgeschäfte, in der geänderten Fassung (im Folgenden Das "Gesetz über die Kapitalmarktgeschäfte") legt ferner die Bedingungen fest, die Aktien erfüllen müssen, um öffentlich gehandelten zu werden. Viel Aufmerksamkeit wird auch auf Gesetz Nr. 134/2013 Slg., über einige Maßnahmen, um die Transparenz von Aktiengesellschaften zu erhöhen und zur Änderung anderer Gesetze (im Folgenden "Das Gesetz über einige Maßnahmen zur Erhöhung der Transparenz") bezahlt, das eine signifikante Veränderung in Form eines Verbots verbriefte Inhaberaktien gebracht hat. Abschaffung der Inhaberaktien ist ein weltweiter Trend, der die anonymen Beteiligungsstrukturen aufzudecken und damit gegen korrupte Praktiken und die Legalisierung von Erträgen aus Straftaten zu verteidigen sucht, und möglicherweise die...
|
|
|
General Meeting of Limited Liability Company after recodification (operation, calling, quorum, appearance and procedure)
Pytela, David ; Patěk, Daniel (referee) ; Zahradníčková, Marie (referee)
By January the first is applicable legal regulation that will bring very important changes into private branch of legal order. It is especially the "New Civil Code" and the "Commercial Corporation Act". This "new regulation" will affect even the General Meeting of Limited Liability Company. Because I think it is important to identify the changes that the new regulation brings into regulation of General Meeting of Limited Liability Company and because General Meeting of Limited Liability Company is of interest to me I decided to work out a thesis on this matter called "General Meeting of Limited Liability Company after recodification". Because this matter is quite enormous I do not focus on whole General Meeting of Limited Liability Company but only on selected parts concerning its operation, calling, quorum, appearance and procedure. In my thesis I do not focus only on changes connected with the new regulation but also on unclear or problematical parts of existing regulation (regulation applicable until December the thirty-first) from the perspective whether and if how the new regulation has dealt with them. I use opinions stated by the jurisprudence and the judicature, especially by the Supreme court of the Czech Republic, but foremost my own view and opinions. The new regulation as a whole in...
|
|
|
Application issues of contractual penalty
Proněk, Martin ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
The thesis deals with a contractual penalty as an institution of private law. Thanks to the simple application of contractual penalty, it has become a traditional way of ensuring of debts which is frequently used as an instrument for strengthening the cre- ditor's position. Considering the growing non-formality of legal relations in current society, it is possible to expect the increase of contractual penalty's importance in future. The aim of this thesis is to explore the institution of contractual penalty with focusing on actual application issues which arise from its practical use. The thesis relates to the current legislation on contractual penalty of the Czech Civil Code, Act No. 89/2012 Coll. With regard to the nature of the topic, the thesis concentrates on the case law and the comparison with the previous legislation. In this way the legal development is reflected as well. The work consists of five chapters. The first chapter deals with the legal institution of contractual penalty in a general way, outlining the concept and functions of contractual penalty. This chapter also examines the current legislation on contractual penalty and the comparison with the previous legislation and the European legislation. In the second chapter, the thesis refers to the contractual penalty's negoti- ation...
|
|
|
Business contracts with consumers
Kozáková, Dominika ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
Thesis title: Business contracts with consumers The objective of this thesis is to analyse current legislation in Czech Republic regarding consumer law, especially business contracts concluded with customers. The main objective of this thesis is the assessment of selected provisions of the consumer legislation from entrepreneur's view and analyse whether the consumer protection provisions in question are justified and not unreasonably limiting for the entrepreneur. The thesis is divided into 5 main chapters. Each of them deals with selected aspects of the topic in question. For the completion of the thesis were used domestic and foreign resources, especially legislation, specialised literature and the case-law. First chapter is introductory and contains my reasons and motivation for the choice of the thesis topic. Second chapter briefly summarizes world history of consumer law and history of consume law in Czech Republic. The focus is mainly on putting the Czech consumer law into context with European Union consumer law, because it is primarily based on it. The aim of the third chapter is to carefully define the main terms of consumer law which will be used in the whole thesis. The fourth chapter is the most comprehensive and forms the core of the entire thesis. It is divided into four thematic...
|
|
|
Position of the general meeting of a limited liability company
Štěpánková, Kateřina ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
- Position of the general meeting of a limited liability company This diploma thesis concentrates on the general meeting of a limited liability company and its position within the organizational structure of the company. The goal of the diploma thesis is to provide a basic overwiev of selected institutes and analyse the relationship between the general meeting and other company bodies. This most often concerns the statutory body and possibly also the supervisory board, as a whole, or their individual members. Individual chapters are chosen as to enable to illustrate the mutual arrangement of relationships on them. The thesis is divided into two basic parts. The first part considers how the general meeting can impact on other company bodies, or their members. That's why the first chapter deals with election and dismissal of a statutory representative, or a member of the supervisory board. It for example describes the concrete process, or the possibilities, which the general meeting has in this connection. The second chapter considers the contract of execution of office, which together with the regulation of rewarding of the body members has to be compulsorily approved by the general meeting itself, the reward, which can be granted by an internal regulation approved by the general meeting and other...
|
|
|
European law against unfair competition
Hobzová, Anna ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
European law against unfair competition This diploma thesis deals with the regulation of European law against unfair competition in the Directive on unfair commercial practices as well as in the Directive concerning misleading and comparative advertising. The aim of this thesis is to provide a comprehensive explanation of the areas of the law against unfair competition regulated by these directives with regard to relevant jurisprudence of the Court of Justice of the European Union, another objective is to evaluate the success of transposition of this regulation into czech national law. After the introductary part, the thesis is diveded into six chapters. The first chapter briefly defines the status of the law against unfair competition in the legal system, interprets the basic terms and describes the role of the Court of Justice of the European Union. The second chapter is dedicated to the evolution of the law against unfair competition at the level of European Union. The third chapter is dedicated to misleading advertising and its regulation by the Directive concerning misleading and comparative advertising, the fourth chapter is dedicated to comparative advertising regulated by the same directive. The fifth chapter deals with unfair commercial practices in business to consumer relations regulated...
|
|
|
The course of a general meeting of a joint-stock company
Kocián, Pavel ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
- The course of a general meeting of a joint-stock company This diploma thesis, thematically divided into four chapters, is focused on the course of general meetings of Czech joint-stock companies as governed by the Act no. 90/2012 Coll., on Commercial Companies and Cooperatives as well as some other Acts in specific matters. The goal of this thesis is to describe the individual topics and issues related to the course of a general meeting beginning with its convocation, through its course (in strict sense) and ending with adopted resolution. This thesis works primarily with all the accessible information sources such as available study books, legal commentaries, articles and especially the relevant case law of Czech courts related to the topic of this thesis. Analytical and partly comparative methodology was used for the purpose of writing this thesis. General meeting of a joint-stock company as it supreme corporate body decides on the fundamental issues of the company and at the same time serves the company's shareholders, which are (through the general meeting) able to participate on the management of the company. For this reason, the legal regulation of general meetings of joint-stock companies is quite elaborate. Nevertheless, a number of interpretational issues related to this topic exist, as...
|
|
|
Legal regulation of unfair competition in English and Czech law
Janhuba, Martin ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Resumé v anglickém jazyce This thesis is focused on the legal regulation of unfair competition, unfair commercial practices and on the misleading and unlawful comparative advertisement. The legal regulation was a subject of the major changes under the influence of European union's regulation. The thesis' aim is to analyse and describe the regulation, bring it closer and by using of the partial comparisons contemplate it with the Czech legal arrangements. The structure of the thesis is divided into the introduction, three consecutive chapters and final summary. The introduction chapter is mainly focused on the European's legal regulation version of Unfair Commercial Practices Directive and Misleading and Comparative Advertising Directive. Chapter is focused on consumer protection in English legal regulation prior to implementing of the new European law and further to the form of such implementing and harmonisation. Thesis' task to interpret the main legal regulations' fundamental alterations, which acts as starting basis for the part as follows. The crucial part is listed in the second part, which is divided into the two subchapters. The subchapters follows the directives legal regulation structure. The more extensive subchapter deals with the unfair commercial practices and its task is to interpret the...
|
guest ::
RSS feed.