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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the comparison of the changes between the legislative frame of the agency contract contained in the Act no. 513/1991 Coll., The Commercial Code, and the legislative frame of the agency contract contained in the Act no. 89/2012 Coll., The Civil Code. Although the main focus of the thesis lies in description and analysis of the changes, the thesis also examines the practical use of the agency contract, when discussing so called švarcsystém among other things. The aim of the thesis is to describe the changes made by Law no. 89/2012 Coll., The Civil Code, which were explained by Explanatory Memorandum to the Act. No. 89/2012 Coll., The Civil Code, and then highlight those changes that this explanatory memorandum did not mention. The thesis is divided into five chapters, whereas the first four chapters describe the changes and any problems that may arise. The final, fifth, chapter labeled as "Additional information relating to the agency contract", differs from the other chapters in that it does not describe the changes in the legal framework but is devoted to practical problems of the use of the agency contract, which according to the author of this work should also...
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Bill of exchange in a role of securing instrument
Brychta, Michal ; Zahradníčková, Marie (advisor) ; Patěk, Daniel (referee)
The aim of the thesis is to provide a wide treatise about specific use of bill of exchange as a securing instrument. The promissory note as a debtor security may take various economic life functions. Since the inception of law of exchange it was primarily the medium of payment, whereas the securing function was developed much later. Actually a relative novelty of securing function of bill of exchange leads to a wide range of issues that need to be resolved in connection with its use. In particular, it is absolutely necessary to realize that the obligation incorporated into promissory note will be regardless of its function always the obligation abstract and individual. The above mentioned abstract and individual obligation is mainly manifested in a different connection to the secured obligation, which is much more fragile than in case of use of standard securing obligations that are on the contrary characteristic by accesority and subsidiarity. As an introduction is included a passage in which the author attempts to summarize the major changes brought by the new private law in relation to bill of exchange as securing instrument, including a brief consideration of the terminology of the new Civil Code in relation to the confirmation and security of obligations . In spite of the fact that the aim of...
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Foundation and creation of a limited liability company
Fišer, Jan ; Patěk, Daniel (referee) ; Zahradníčková, Marie (referee)
Summary: In my thesis I focus on foundation and creation of a limited liability company under Czech law. Special attention is given to the explanation of limited liability of the partners of this type of company. The paper also focuses on distinction of the terms foundation of a company and creation of a company and the difference between them. The theoretical definition of the limited liability company is then followed by examining, explaining and analysing the foundation and subsequent creation of a limited liability company. The text also presents besides the actual law, the new law, regulating inter alia limited liability companies, that comes into effect on 1st January 2014 and its new regulations. The thesis is, apart the introduction and conclusion, composed of two chapters, each of them dealing with different aspects of foundation and creation of limited liability companies. Chapter one is introductory and defines the basic terminology and juridical institutes that are then used in other chapters of the paper. One part also describes the history of limited liability companies on the territory of the Czech Republic and its predecessor countries. Another part also introduces the new law that comes into effect on 1st January 2014. Chapter two introduces the process of foundation and creation of a...
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Influence of a member upon the management of a limited company
Černohorský, Jan ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
This thesis is dedicated only to an influence of a member on managing company limited by shares. The thesis was written between the legal effects of two acts, but the new legal regulation, with regard to the old regulation and case law, developing for more than 20 years, was the base for my thesis. The first chapter describes the key terms of this thesis, which are crucial for good understanding of the whole problematic. The second chapter deals with the term share, which represents the participation of a member in a company. The chapter analyses its quantitative and particularly its qualitative aspect. The institute of share has changed in such a way that it has to be explained precisely. Understanding of the term share is important for the whole thesis, because it is the share itself, which represents the influence of the member. The focal point of my thesis is described in the third chapter, which deals with a member's right to participate on managing company limited by shares. This right is asserted especially through general meeting. The chapter gives an overview about the main changes in competence and functioning of the general meeting. There is also member's influence beyond the general meeting, through per rollam decision-making, described in this chapter. The chapter also contains a...
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Duties of members of a Limited Liability Company
Dulačková, Kristína ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
The topic of Limited Liability Company is a popular issue among the professional public due to the fact that Limited Liability Company belongs to the most favourite and the most widespread companies. This thesis comprehensively explains duties of members of Limited Liability Company in terms of Business Corporations Act and, where appropriate, compares them with those contained in the Commercial Code. After the brief discourse about Limited Liability Company, its nature and its position among the business corporations, the thesis provides characteristics of a share with emphasis on its qualitative aspect. In the second chapter the schemes of duties of members in works of various authors are first of all compared and critically assessed, and subsequently the own division of duties of members is created. A criterion for the division of duties is the fact, whether they are governed by general or special regulation and in the latter whether the duties arise on the basis of the act, or the Memorandum of Association. The characteristics of duties itself is included in the third to sixth chapters, which successively explain the duty of loyalty, the contributory duty, the liability duty, the duty of additional contribution, the duty of personal participation on a company, the duty to contribute to the...
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The concept of an average consumer in Czech and European law
Oriešková, Stanislava ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Resumé The concept on an average consumer in Czech and European law The aim of this thesis is to describe actual trends in conceptualization of average customer, both in Czech and European law. The work focuses on examination of differences in demands placed on average customer depending on the area the customer is currently located at. The first chapter deals with definition of average customer. According to the fact Czech law is influenced by European law, firstly, the definitions in European legislation and case law are mentioned and subsequently also the definitions provided by Czech law. The, it is referred to the definitions in specialized literature. The essential point of second chapter is the protection of average customer. It explores the level of the protection provided by European law and it accents on importance of limits in such a protection. It is also underlined that the level of protection depends on determination of target average customer and it is increased if the target group is the group of particularly vulnerable customers. In third chapter, it is analyzed how the average customer is conceptualized when considering if the action was affected by unfair competition or not. It deals with misleading advertising, comparative advertising and misleading identification of goods and services....
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Development of the legal regulation of unfair competition in the Czech Republic
Szostok, David ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
Legal development of unfair competition in Czech Republic This thesis concerns the development of unfair competition in the environment and territory of Czech Republic. Thesis at the beginning introduces with origin attempts of unfair competition at the Austria-Hungary monarchies times and historical formation at the European frame. Continue by formation of Czechoslovakia and description of the first complex legal ordinance focused on this part of law on our territory. At the next stages is described decline of unfair competition in times of central planned economy raised by communist party in 1948 and subsequent factual absent of unfair competition in our legal system. And finally arise and development of unfair competition after the velvet revolution which is the main topic of this work. The thesis is also focused on the general aspect of unfair competition as the law section with term and attribute which is often hard to define or describe and as a legal area in which more often play the biggest role kind of legal sense and specific circumstances then strictly defined rules. Thesis highlights the importance of general clause, in some part compare our legal development to German and other legal legislation way of other countries and their conceptual changes whether the wrong ones or opposite. The main aim...
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European Law Against Unfair Competition
Najman, Ondřej ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
European Law Against Unfair Competition Abstract The scope of this thesis is intended to cover mainly two branches of the European law against unfair competition. Those two branches were recognized in (i) business-to- business relations governed mostly by the European Union Directive 2006/114/ES and in (ii) business-to-consumer relations governed by the European Union directive 2005/29/ES respectively. Taking in consideration the above-said, it can be stated that this thesis predominantly analyzes what should be in more precise way called as "European Union law against unfair competition". The thesis is divided into ten chapters while five of them should be considered as the leading ones. First of them is the chapter number five dedicated to B2B relations. The author examines the respective directive 2006/114/ES also to the extent of its relevant jurisprudence of the European Court of Justice. The same approach was chosen to describe functioning of B2C relations under directive 2005/29/ES in chapter number seven. Chapter number six focuses on so called "Average Consumer" model that has been found as one of the most important elements of EU law against unfair competition. Because of its exceptional relevance, chapter six deals with the average consumer in a very detail, emphasizing important role of the...
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Legal Penalty for Unfair Competition
Zátopek, Petr ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
This diploma thesis concern with the legal penalty for unfair competition from the perspective of private law. The goal of this thesis is to analyze the respective private law means of protection against unfair competition, which are governed by Act no. 89/2012 Coll., The Civil Code and the Law no. 99/1963 Coll., The Civil Procedure Code. Attention is also paid to the legitimation of subjects in disputes arising from unfair competition and private law protection against unfair competition on the social network. Thesis is divided into the four chapters. Introduction of the first chapter is dedicated to law against unfair competition in general. The first subchapter sets out in detail general clause governed by § 2976 of the Civil Code, especially its historical development. The second subchapter deals with the new merits of the intrusive harassment, which was included due to the recodification of private law in the Czech Republic among the special facts of unfair competition provided by the Civil Code. The second chapter of this thesis is focused on the legitimation of the subjects in disputes arising from unfair competition. This chapter deals with actively and passively legitimized subjects that arising in disputes from unfair competition and trying to specified these individual entities in...
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The course of a general meeting of a joint-stock company
Sladký, Filip ; Patěk, Daniel (advisor) ; Štenglová, Ivanka (referee)
Anglický název práce/ Abstract The course of a general meeting of a joint-stock company The main 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 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 defines and discusses all its possible participants in the following part of the chapter. The third chapter is devoted...
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