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Protection of competition - block exemptions
Šafaříková, Barbora ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
PROTECTION OF COMPETITION - BLOCK EXEMPTIONS The purpose of my thesis is to describe and analyze regulation of block exemptions mainly in the light of Commission's Guidelines. The function of block exemptions is to exempt certain agreements from the prohibition of distortion of competition. The thesis is composed of five chapters, each of them dealing with different aspects related to the concept of block exemptions. First chapter is an introduction into the topic of protection of competition and explains basic principles and terminology. Chapter two deals with other exemptions from prohibition of distorting competition. The chapter is divided into four subchapters. The first one analyzes four aspects of the exemption under Article 101 (3) of the Treaty on the Functioning of the European Union. The second subchapter focuses on de minimis rule. Third subchapter deals with exemption in agriculture sector. Finally, the problem of block exemptions is briefly introduced. Third chapter follows the historic development of the concept of block exemptions both in European law and Czech law. Firstly, it describes the reasons for introduction of block exemptions by the Commission and then it focuses on the change of approach in year 2004, when ex post control was introduced. Second part of the chapter deals...
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Protection of competition - block exemptions
Šafaříková, Barbora ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
PROTECTION OF COMPETITION - BLOCK EXEMPTIONS The main purpose of my thesis is to describe and analyze one aspect of a block exemption regulation for vertical agreements, namely resale price maintenance. The thesis is composed of six parts, one of them dealing with block exemptions in general and the rest of them focusing on resale price maintenance. Chapter one introduces the topic of block exemptions and explains the features of block exemptions that are common to all of them. Chapter two presents the definition of resale price maintenance and describes the difference between fixed, minimum, maximum and recommended prices. Chapter three describes economic theories, which have influence on legal treatment of resale price maintenance. The chapter is divided into three subchapters, whereas the first one explicates pro-competitive effects of resale price maintenance, the second one focuses on its anticompetitive effects and the third one summarizes the economic theories of impact of resale price maintenance. Chapter four examines the legal framework of resale price maintenance in European law. Firstly, it describes the treatment of fixed, minimum, recommended and maximum prices. Then it analyzes resale price maintenance as an object restriction and examines possible exemption under Article 101 (1) of...
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Duty of loyalty of the capital company members
Kaščáková, Dáša ; Černá, Stanislava (advisor) ; Pelikán, Robert (referee)
The topic of shareholder's duty of loyalty is an important aspect for the definition of most of the duties and obligations of the capital company members. Therefore, it is also very popular topic for the authors of professional literature, who tend to be interested in systematized distinction of the duties and obligations of the capital company members. Most authors, along with the jurisprudence, already admit considerable importance of principle of loyalty and consider it to be the rule of interpretation appropriate for its application to the other duties and obligations of company members. The principle of loyalty, having a regulatory function, may fill in particular gaps in the statutory regulation. As a derogatory rule it may avoid the application of other rules that would lead to unfair decisions. This work aims to demonstrate the possibility of application of the principle of loyalty in practice. The thesis is divided into two main parts, the first is meant to clarify the place of the duty of loyalty in Czech law. It describes how was the existence of the duty of loyalty inferred before its regulation in new Civil Code. Next chapters of the first part are devoted to current applicable regulation. The second part of the theses focuses on particular examples in order to demonstrate the...
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Due managerial care and diligence and liability for their breach in a limited company
Sosna, Jakub ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
The requirement to perform duties with reasonable care and loyalty under the threat of liability is a basic standard every corporate director must meet. The aim of this thesis is to analyse the content of this standard and liability within the context of new re-codification of Czech private law. In doing so, the author focuses on interpretative possibilities and problems that may occur. Chapter One is an attempt to connect the main topic with a broader context of law and economics knowledge in order to define leading requirements for company regulations. Chapter Two consists of three parts. Part One briefly describes content of fiduciary duties. Part Two refers to duty of loyalty. The author aims to answer a traditional task to whom the corporate directors serve. The author argues for so-called enlightened shareholder value model. This model requires director to promote the success of the company for the benefit of its shareholders as a whole. In doing so, they need to take into account the company's stakeholders' interests and the impact of the company's operations on the community and the environment. Part Three examines to what extend company directors have to exercise general knowledge, skills and experience that they are expected to have. Chapter Three investigates a task of director's...
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Securities and booked securities - changes in legislation
Manderla, Matěj ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Securities and booked securities - changes in legislation The purpose of my thesis is to analyse enactment of securities in the New Civil Code. Current legislation in Act on Securities is not considered as satisfactory in many ways. Recodification of civil law brings a great opportunity to clarify current interpretational issues and approximate Czech law of securities to developed countries of Western Europe. In this thesis I shall asses if the new piece of legislation will be successful in achieving such goal. The thesis is composed of nine chapters, each of them dealing with different aspects of securities law. Chapter One is introductory and defines concept of a security and its historical development. Chapter Two deals with issues related to definition of a security in Czech law. It focuses on the absence of legal definition of a security in current Czech law and analyses definitions of jurisprudence. Chapter Two analyses the legal definition of a security in New Civil Code and addresses the issue of definition of a security in relation to booked securities. Chapter Three is concerned with a security as a subject of legal relations. The main issue addressed in Chapter Three is security as a tangible thing. Chapter Four concentrates on separation of securities represented by a certificate and...
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The position of a guarantor (avalist) in relations regarding the bill of exchange
Charvátová, Hana ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
The position of a guarantor (avalist) in relations regarding the bill of exchange Aval is connected with a security called a bill of exchange. Besides the possibility to use the bill of exchange to secure debts, it is possible to ensure the debt embodied in the bill of exchange charter and increase its value. It is meant aval as the main theme of the thesis. The main aim of the thesis is to introduce aval from a legal point of view and assess the status of the guarantor in bills of exchange relations from the point of view of his rights and duties, especially against s and debtors (in the case of regression) in different situations and phases. The special source of legislation is the law of bills of exchange and checks that permeates the entire structure of the work. Structurally this work consists of two main parts. The first part is focused on legal formalities on bills of exchange charter and consequences in case of the absence of one of these essential formalities for the position of guarantor. The second part is devoted to aval In addition to development, formal and material conditions necessary for the origin of the bill of exchange is considerable space devoted to characteristics of aval . Another important part of this work represents creditors negotiations towards guarantor and vice versa, which...
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Withdrawal from a contract in business relations (preconditions and consequences)
Kačerová, Lucie ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
RESUME The aim of this thesis is to provide a general description of the purpose, functions and principles governing the right to unilaterally terminate a contract under Czech law. The main part of the thesis provides overview of the provisions of the new Civil Code regarding termination of contract, describing the conditions for termination of the contract, limitations on contractual freedom to agree upon grounds for the termination of the contract, prerequisites of the termination of the contract and the legal consequences to the rights and obligations of the contractual parties following successful termination of the contract. The thesis differentiates between the following generally applicable grounds for the termination of the contract: (i) a material breach of contract; (ii) a breach of contract (whether material or immaterial) constituting delay within the meaning of the new Civil Code, (iii) fulfilment of specific obligation with defects and (iv) anticipatory breach of contract. Each ground for termination is analysed in detail and the overlaps of the specific grounds for termination is identified. The thesis further introduces selected interpretation difficulties connected with the new Civil Code and suggests possible solutions to these issues, taking into account the purpose of the provisions...
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The issues of guasi-personality in business law
Pelikán, Robert ; Štenglová, Ivanka (advisor) ; Černá, Stanislava (referee) ; Dědič, Jan (referee)
Imperfect Personality in Commercial Law Robert Pelikán Abstract In the theory of law, legal personality (the terms "legal person" and "legal personality" are used in this text in their continental sense, i.e. describing both non-human and human entities and their legal capacity) is usually seen as a simple quality having only values, true or false. The existing theories of legal personality were, therefore, trying to find such characteristics of legal personality, which will fully describe all legal persons existing in practice. Such an effort had to fail or, more precisely, the process of search for such a common denominator had to result in the disappearance of all the key characteristics necessary for understanding of the phenomenon of legal personality. The exploration of legal personality must hence begin with the finding that legal personality is not a quality having only values - true or false - but rather a full scale of values from nil to a (rarely seen) full legal personality, moreover appearing in many dimensions. In order to duly explain the phenomenon, the theory must not search for a common denominator of existing persons, but describe the concept of full legal personality and explain the consequences of imperfection of existing legal persons in any of such qualities. Those requirements cannot...
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Configuration management
Pelikán, Robert ; Pour, Jan (advisor) ; Peka, Ondřej (referee)
My thesis is aimed at the problems of Configuration Management. Configuration Management is part of managing of information science management. Being part of it, it is very well described in different methodologies aimed at management of information science. Configuration Management is concerned with monitoring of company assets. In information technology it means mainly hardware and software equipment which is being used by the company. Knowledge of exact configurations of all these assets is very important mainly for providing user support, deploying new implementations or running audits. Situation in companies dealing with IT is, that many of such companies do not use Configuration Management at all, on a limited scale or are using some substitute method. Management of these companies usually realizes that it would be good to somehow align problems aligned with using of larger quantities of hardware and software. Often it is a situation when company does not use any methodologies for IT management and thus does not know that something like Configuration Management even exists. Goal of my thesis is to help future users of Configuration Management. I am trying to achieve this goal by analyzing particular components of Configuration Management complemented by my work experiences - I have been engaged in Configuration and Change Management during the majority of the last three years.
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