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Institutes related to the tender price in the award procedures of public contracts
Stowasser, Marek ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...
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Legal penalty for unfair competition
Šmůla, Marek ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
The diploma thesis is divided into three chapters; the first chapter namely presents general theoretical foundation. This leads to clarification of the position of law against unfair completion in Czech legal system with special emphasis given to the general clause as fundamental assumption of unfair competition acting. The second chapter focuses on legal entities that take part in disputes arising from unfair competition. In accordance with main aims of this diploma thesis the attention to entities which have the capacity to bring proceedings is payed rather than to entities that appear in unfair competition disputes as defendants. Finally the third and main chapter analyses individual legal means of protections and claims arising from unfair competition. Besides traditional unfair competition claims exhaustively provided in Sec. 2988 of the Civil Code, described are also legal instruments of the Civil Code and of the Civil Procedure Code of more general character which's use is applicable in terms of unfair competition. In fine selected procedural specifications related to enforcement of law from unfair competition are discussed.
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Regulation of advertisements in pharmaceutical industry
Metelka, Jan ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Abstract, Jan Metelka The main aim of this diploma thesis was to firstly explain the field of human pharmaceuticals and regulation of advertisement regarding them, from the general point of view and then in details. In order to achieve this it was required to define advertisement and pharmaceuticals because these terms and crucial for the whole thesis. Both definitions may be off the scope of this text however it plays an important role in understanding all necessary issues. Advertisements in pharmaceutical industry have some specifics as described in chapter 2. There are two kinds of recipients - experts (doctors and pharmacists) and ordinary people (mostly patients). Every kind is special and regulated in a different way. Third chapter described all steps in administrative proceedings related to Act on Advertisement, forming a public branch of law against unfair competition. It summarises and divides all misdemeanours, statistically describes how often they occur and deeply analyses possible breaches of Act on Advertisement. The main part of this thesis is Chapter seven, dealing with unfair competition in private law, as mentioned in early chapters, however here it is specifically described how to apply the general clause and the more important kinds of unfair competition such as deceptive adverts and...
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Legal aspects of franchising
Anděl, Ondřej ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
of thesis "Legal aspects of franchising" Author: Ondřej Anděl Faculty of Law, Charles University Keywords: franchising, fracnhise contract, franchisora, franchisanta This thesis is about legal apsects of franchise contract, because in czech legislation has no legal regulation of franchising. Franchise contract is a complicated and comprahansive relation between franchisor franchisant and missing legal regulation can cause a lots of problems in fracnhise relation. This thesis describes the most important costitution, which have to be in every franchise contract.
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By-laws of unit owners association
Král, Michal ; Štenglová, Ivanka (advisor) ; Rozehnal, Aleš (referee)
1 Summary "STATUTES OF UNIT OWNERS ASSOCIATION" The thesis deals with the statutes of a unit owners association as they are regulated in the Czech law (hereinafter referred to as the "Statutes"). The Statutes are the basic legal document of any unit owners association, through which the rights and obligations of the individual unit owners are exercised. The Statutes should provide any unit owners association with a framework for its smooth functioning in relation to its members (unit owners), as well as in relation to third parties. Much like other juridical (legal) persons, a unit owners association is created when registered to the public register. Its creation is preceded by a founding legal act of the future unit owners, i.e. the future members of the association. Statutory law (i.e. the new Civil Code No. 89/2012 Coll.) stipulates under what conditions the founding members are allowed to establish the unit owners association. For a successful registration of the association in the public register, ordinarily, the Statutes have to be approved by the founding members. The legislation sets out certain mandatory requirements, nonfulfillment of which would lead to a dismissal of the registration. The initial part of the thesis deals with the historical development of the legislation on flat ownership....
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The position of a weaker party in concluding contracts within business transaction
Skalská, Helena ; Eichlerová, Kateřina (advisor) ; Rozehnal, Aleš (referee)
The position of a weaker party in concluding contracts within business transactions The purpose of this thesis is to analyse the specificities of concluding contracts with a weaker party under the New Civil Code. The main focus is given on the issue of contract terms which are forbidden because they cause significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the weaker party. The thesis explains who can be a weaker party, what differences it brings up and what are the consequences of breach of those protectionist provisions of law. The thesis is composed of an introduction, four chapters and a conclusion. First chapter covers the background information and explains who can be in the position of a weaker party, according to which criteria courts should consider the weakness and when it reaches the level which is relevant for law. Second chapter deals with Section 433 of the new civil code and looks at protection of the weaker party on its basis. It addresses scope of that provision and consequences when a party breaches it. The last part of this chapter concentrates on nullity under the New Civil Code. Chapter three describes position of the weaker party in concluding adhesion contracts and specificities which rise from the fact that the...
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Protection of economic competition - block exemption for vertical agreements
Vohnický, Petr ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
The Master's thesis provides readers with a basic analysis of Commission Regulation 330/2010. The mentioned regulation confers a benefit of the so called block exemption on broad spectrum of vertical agreements including in this context also certain agreements among competing undertakings. Since agreements enjoying the benefit of the block exemption are presumed to meet criteria stipulated in Article 101 (3) TFEU, the block exemption eliminates legal uncertainty which undertakings whose agreements distort competition within the meaning of Article 101 (1) TFEU would otherwise face. It follows that it is not necessary to examine such agreements on its merits. Thus, transaction costs are reduced. Structure of the thesis is chosen so that it reflects three main questions concerning applicability of the block exemption, namely whether (i) an agreement falls within the scope of Commission Regulation 330/2010, whether (ii) it contains black clauses (hard-core restrictions) and whether (iii) it contains (non-severable) grey clauses. After a brief description of wider connections and general issues in Chapter One, in Chapter Two the thesis deals with the scope of Commission Regulation 330/2010 with respect to the notion of vertical agreement, the role of intellectual property rights, the treatment of...
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Protection of domain names
Hrobárik, Marián ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Protection of domain names Life nowadays is much more dependent on information and the most common source of them right now is Internet. One of the main aspects, that users of Internet have to deal with, is a domain names, as a website address. Nevertheless it's common, that users do not differentiate between internet, browser, search engine or web page, nor are familiar with the legal and technical concept of domain names. Domains are allocated according to a first come first serve basis and that makes them valuable article and thus subject of common legal disputes. The purpose of my thesis is to analyze ways of legal protection of domain names and the absence of its legal regulation, which is not unique for Czech legal system. First chapter of my thesis deals briefly with internet and its basic infrastructure, including internet protocol, with deeper focus on domain names, their technical aspects, hierarchical structure and typology. Next chapter mentions the main organizations involved in creating rules and policies for cooperation among institutions authorized to oversee internet and managing the registration of internet number resources and domain name system. This chapter includes the description of main characteristics for the process for resolution of disputes according to UDRP (Uniform...
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Legal Penalty for Unfair Competition
Tulačková, Markéta ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Legal Penalty for Unfair Competition Unfair competition law has quite a long tradition in the Czech Republic. After the recodification of private law, the basis of the legal regulation of unfair competition is contained in the Civil Code, which is a fundamental code of the general civil law. Other legal remedies are based in the Civil Procedure Code. In the last decades some elements of the public law also infiltrated the system of legal penalties for unfair competition. The aim of this diploma thesis is to introduce the system of legal penalties for unfair competition in the Czech Republic. The main emphasis is put on the private law regulation, i.e. the regulation contained in the Civil Code and the Civil Procedure Code. The text of this thesis focuses on the comparison of the particular remedies under the Civil Code with the remedies that used to be anchored in the Commercial Code as well as on the alterations put on the unfair competition law in connection with enacting the new Civil Code. The thesis is divided into four chapters. Chapter One first of all briefly introduces unfair competition law and sets it in the context of international law and European law. Additionally, the meaning of the general clause of unfair competition and its relationship with the special statutory clauses of unfair...
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Relationship between Competition Law and Intellectual Property Law
Davidová, Tereza ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
This Master thesis named "Relationship between Competition Law and Intellectual Property Law", deals with the interface between competition law and intellectual property law in the context of European Union law. In the beginning of this thesis authors briefly introduce both legal disciplines and explain their most important terms and goals. The thesis is further divided into three main topics. Firstly, we elaborate on theoretic relationship between competition law and intellectual property in regard to their values, aims and methods of regulation. Then we dive into the issue of conflict of nationally regulated intellectual property law with the internal market and the freedom of movement of goods and services. The second thematic part clarifies the difference between market power and statutory monopoly that is granted to the owners of intellectual property. We analyse the specific issues of finding dominant position of competitors owning intellectual property. Then we examine individual types of behaviour that are considered to be abusive in the context of intellectual property law. Special focus is given to the issue of refusal to licence intellectual property that falls within the definition of essential facility doctrine. Lastly, we concentrate on cartel agreements in the context of intellectual...
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