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Iura novit curia in international arbitration
Halfar, František ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Feigerlová, Monika (referee)
Iura novit curia in international arbitration Abstract The thesis deals with the application of the iura novit curia principle in international arbitration. At the outset, it explains the function of the principle in the civil law tradition of court procedure and the potential issues arising out of its application in arbitration, in particular with regards to the limits of arbitral power and due process. Since the rules on conduct of arbitral proceedings provide no specific guidance in this respect, the ultimate limits of the use of the principle in arbitration are set by the national courts in proceedings on annulment and recognition of arbitral awards. The thesis attempts to delineate these limits on the case law of a few chosen countries and observe the potential similarities with their civil procedure. Despite the differences in the legal traditions in the respective countries, the analysis of the case law finds a number of common features in the approaches to the application of the iura novit curia principle in international arbitration across the chosen countries. When assessing the powers of the arbitrator to apply the law as he deems appropriate, the courts seem to share similar concerns about the observation of the parties right to be heard. Despite its somewhatʼ firmer standing in investment...
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Business Management in the Transnational Relations
Králik, Dominik ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Dolanská Bányaiová, Lucie (referee)
This dissertation deals with the institute of business management with a transnational element. At the beginning of the thesis there are given three basic goals of the work. Their common feature is the effort to make the internal market of the European Union more effective. In the first chapter there are two questions discussed: on the one hand the actuality of the problem and on the other hand the perspective of the chosen topic. The first chapter also brings the definition of the term business management, while in the second chapter there are already described possible interventions into business management under Czech law. In principle, it is possible to distinguish two different forms of intervention, namely internal and external intervention. Under Czech law, the internal intervention represents the institute of the requested instruction and the external intervention the institute of the concern instruction. Through both forms of intervention, a foreign person can exercise its influence on Czech company. The third chapter is in its essence legal comparatistics and deals with the possibilities of intervention into business management under selected legal orders. The fourth chapter seeks to collect laws regulating international concern relations. The fifth chapter handles with collisional...
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Residential lease
Legnavský, Mário ; Salač, Josef (advisor) ; Plecitý, Vladimír (referee) ; Rozehnal, Aleš (referee)
RESIDENTIAL LEASE ABSTRACT This thesis aims to provide complex analysis of a legal institute of residential lease based on current legal framework (in particular Act No. 89/2012 Sb.) in comparison with the previous legal framework (in particular Act No. 40/1964 Sb., in the version effective on 31 December 2013) while considering the historical context of older legal frameworks of residential lease and the milestones in the development of civil law on our territory. The thesis is structured into 3 chapters which are further divided into subchapters, sections and subsections. The first chapter is devoted to the development of legal framework of residential lease on our territory (except for Roman law framework) until 1989. The beginning of the first chapter outlines the Roman law together with the medieval Koldín's Code. Subsequently are described general characteristics within the historical context of the key Civil Codes which were in force in the specific period on our territory including the General Civil Code (Imperial Patent No. 946/1811 Sb. z. s.), the Civil Code of 1950 (Act No. 141/1950 Sb.) and the Civil Code of 1964 (Act No. 40/1964 Sb.). The legal frameworks of residential lease, or personal use, which were included in the mentioned codes, are elaborated on in more detail in this chapter together...
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Expert and Expert Opinion in Civil Proceedings
Dörfl, Luboš ; Macková, Alena (advisor) ; Sedláček, Miroslav (referee) ; Rozehnal, Aleš (referee)
Expert and Expert Opinion in Civil Proceedings Abstract This thesis combines the topic of expert opinion as an important means of proof in civil court proceedings with wider issues of expertise. That means it also deals with the conditions for the proper performance of the expert activity with a focus on its outcome - expert opinion. Understanding these relationships in their contexts can play an important role in seeking good practice in the judicial proceeding, evaluating an expert opinion by a court or even being subject to de lege ferenda considerations in the area of regulatory and procedural rules. Since the correct and effective use of this means of proof has a direct impact on the speed and cost efficiency of court proceedings, the issue of optimal setting of expert activity is currently highly up- to-date. Therefore, this thesis focuses first on the issues related to the activity of judicial experts, its legal regulation and deals with the analysis of the requirements of the expert opinion and the correct course of the expert in its elaboration. The next part follows a brief introduction to the theory of proof and represents an expert opinion as a specific means of proof using in civil court proceedings, which requires a number of partial steps. The work focuses on the effects of proper activity of...
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The issues of in-house procurement (vertical cooperation and utilities in-house model)
Besplakhotnaya, Liliya ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is a detailed analysis of the whole process of in-house public procurement in general and also an in-depth analysis of both its forms - vertical cooperation and utilities in-house model. Information used for the topic of this diploma thesis was obtained mainly from the legal regulation of the Czech Republic and also the EU regulation, the expert publications and articles dealing with the legal regulation of public procurement and the in-house procurement itself, internet sources and the case law of the Court of Justice of the European Union and of the Office for the Protection of Competition. To complete this diploma thesis descriptive analytic approach was used as well as a linguistic, comparative and teleological methods of interpretation. This diploma thesis is divided into four main chapters, while the short opening chapter contains a description of the general meaning and definition of both forms of in- house procurement. The first main chapter examines the beginnings and development of the in-house procurement in European Union law and in relevant case law of the Court of Justice of the European Union. The second chapter is focused on the conditions of the in-house procurement regulated in the legislation of the Czech Republic, while analyzing the quality...
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Secondary objectives in public procurement
Bém, Matouš ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The thesis provides a comprehensive analysis of the horizontal policies in public procurement with the aim to determine whether public procurement may be used as a legitimate tool in the pursuit of such policies. Horizontal or secondary policies refer to the policies not inherently connected to the functional objective of public procurement - i.e. to the purchase of goods and services. These may among other strike at social or environmental issues. For this purpose, the descriptive and analytic methodics are used. The case-law of CJEU was the primary source of the thesis along with the relevant literature and both EU and Czech legislation. The thesis is structured into two chapters. The first chapter provides essential introduction to the legislation in place in respect of the horizontal policies in public procurement. The second part of the chapter then analyses relevant case-law of CJEU. Particular attention is paid to the case law in respect of public procurement used as a tool to pursue employment policies. The second chapter named taxonomy of horizontal policies elaborates on the relationship between economic and legal aspect of the public procurement in general. It quickly comes to the conclusion, that the contracting authorities must deal with both the legal and economic aspects of public...
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Regulation of Alternative International Commercial Disputes Resolution in the Russian Federation
Přib, Jan ; Růžička, Květoslav (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
178 REGULATION OF ALTERNATIVE INTERNATIONAL COMMERCIAL DISPUTES RESOLUTION IN THE RUSSIAN FEDERATION ABSTRACT The object of this dissertation is an analysis of legal regulation of alternative international commercial disputes resolution in the Russian Federation, both from theoretical and practical perspectives. The work deals in detail with alternative international commercial disputes resolution regulated in the Russian legislation, i.e. with arbitration and mediation of international commercial disputes, analyzes their position within the Russian legal framework, interconnection with the judicial proceedings, legislation national dispute regulation, role of state organs within the proceedings including acknowledgement and enforcement of arbitration awards and mediation agreement.. Both of these ways are further analyzed in separate chapters that together form the core of this dissertation. The respective main chapters (devoted to arbitration and mediation of international commercial disputes) are further devided into subchapters, in which are analyzed the individual procedural institutes of arbitration and mediation of international commercial disputes. Special attention is devoted to the grounds and the process of setting aside of a foreign arbitral award as well as with the grounds and the process of...
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Protection of a Weaker Contract Party and Private International Law
Skalská, Helena ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Brodec, Jan (referee)
Protection of a Weaker Contract Party and Private International Law The topic of this dissertation thesis is the protection of weaker parties in the context of determination and application of the applicable law. The dissertation seeks anchor and concept of protection of weaker parties in the Rome I Regulation. The thesis is divided into three main parts. The first part deals with the basis for protection of weaker parties, linking the theoretical and value foundations on which the protection stands with practical implications that ignorance of significantly unequal position might have. For a comprehensive understanding, it is necessary to look at the background of individual legal rules. However, dealing with these issues cannot be viewed solely in the context of private international law. Certain legal institutions of private international law may not be designated solely for the protection of certain categories of weaker parties but may be used to protect a weaker party with regard to the concept of a weaker party and the importance of its protection in substantive law (especially civil law). The second part, which is the focal point of this thesis, consists in the analysis of ways of protecting the weaker parties, both at a more general methodological level and in the form of a more detailed...
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Administration of property of others - trusts
Lederer, Vít ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Rozehnal, Aleš (referee)
1 Administration of property of others - trusts Abstract The main objective of this thesis is to provide a detailed and systematical view of the new regulation of the institution of the trust in the Czech republic using the descriptive, analytical and comparative method. The work is divided into seven parts. Part 1 of this study is focused on defining the concept of the trust and its creation. It deals with its theoretical background and its fundamental constitutive elements. Part 2 describes the founder and his role at the creation of the trust and during its existence. In this part it is also discussed the question of reservation of rights to the appropriated property made by the founder. Part 3 of this thesis is concerned with the of administration of the trust. Primarily, this part focuses on the role of the trustee and his duties towards the trust and to the beneficiary, as well as his duties to third parties. The author also explores the question of an objective and impartial administration of the trust where the founder or the person who is to receive a performance from the trust is also the trustee, as well as the question of appointment and removing the trustee. Part 4 deals with the beneficiary and his right to receive a performance from the trust. It is also concerned with the way of appointing...
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The creditor protection law within corporate debt financing
Šubrt, Martin ; Černá, Stanislava (advisor) ; Rozehnal, Aleš (referee) ; Elek, Štefan (referee)
The creditor protection law within corporate debt financing Abstract In this paper I have dealt with the protection of a creditor in debt corporate financing, where the debtor is a capital company. In this case, there are relatively specific conflicts of interest between creditors on one hand and shareholders on the other. This is due, in particular, to the characteristics of a capital company where the shareholders are not liable for the liabilities of the company (or they are limited in their liability) and are not responsible for their decisions, while the assets of the company are separated from the assets of the shareholders. Shareholders and creditors thus make competition for company assets. While the shareholders want to realize their investment as quickly as possible, they stand in an imaginary queue as residual creditors of the company at the end. This may lead to their attempt to overtake fixed creditors. This motivation culminates especially in situations where the company is in financial difficulties. Shareholders are aware of the fact that in case of insolvency, no company assets will be distributed to them. In this thesis, I focus on protection of creditors of companies from opportunistic behaviour of shareholders, who may withdraw the company's assets at the expense of its creditors, i.e....
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