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The concept of an average consumer under Czech and European law
Jedlinský, Jakub ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...
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Security instruments in private law
Poláčková, Saskia ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Rozehnal, Aleš (referee)
POLÁČKOVÁ, Saskia: Security instruments in private law. [PhD. thesis] / Saskia Poláčková - Charles University in Prague. Faculty of Law; Deparment of civil law. - Supervisor: doc. JUDr. Mgr. Josef Salač, PhD.. Praha: PF UK, 2012. This thesis shows results of an investigation into security instruments recognized by private law of Czech republic and of Slovak republic, specifically focusing on substantive civil law as a representation of general private law. The hypothesis under investigation is that a number of existing security instruments could be fully replaced by a single security instrument, namely the lien. In order to confirm or reject the hypothesis, common characteristics - principle of subsidiarity, principle of accessority, purpose to provide security, purpose to ensure repayment - as well as specific characteristics of individual instruments are compared. The thesis is divided into chapters, sections and subsections, and supplemented by the abstract, introduction, summary and bibliography. Chapter One deals with security instruments in private law, mainly in the areas of substantive civil law, commercial law and labour law as codified in Czech republic and Slovak republic. In this chapter, individual security instruments are categorized into several groups based on their respective...
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Law of Lien
Hermann, Jiří ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Rozehnal, Aleš (referee)
Disseration thesis - Law of Lien Mgr. Jiří Hermann Law of Lien is basic form of security interest which importance is proved by long term tradition. During time the Law of Lien was modified which reflected economic development which result to the current modern state. Even if legal regulations of Lien are different with respect to the concrete developmentu in each state, its basic principles, functions and its meritum are same for the centuries. Importance of the Law of Lien as security interest is emphasized namely by high level of security which is given to the Lien Creditor. Because of this reason is Lien one form the most used legal security interests in worldwide respect. The Objective of Thesis is to summarize the very wide and complicated regulation of Lien and suggest de lege ferenda new regulation which makes the institutes more clear and increase the security of the Creditor. The theme of thesis is very wide. In respect to volume of relevant institutes is conception of the thesis as complex view on Lien as the security instrument. The Thesis shall explain with principles of Lien and raise the problematic topic. In several cases is regulation of Lien unclear which cause the application troubles. The thesis is pointing out such topics and suggests possible solution, which is in accordance...
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The concept of an average consumer in Czech and European law
Kousalová, Martina ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
RESUMÉ The concept of an average consumer in Czech and European law The aim of this diploma thesis called "The concept of an average consumer in Czech and European law" is to describe current trends in conceptualization this term. Methods used in this diploma thesis to achieve the defined objectives are the analysis of Czech and European legislation and both Czech and Communitarian case law. There were used monographic and comparative methods too. The initial part of the thesis describes the terms consumer and the average consumer are affected by secondary Communitarian legislation and case law of the Court of Justice of the European Union as well as by the case law of courts of the European Union members states. Another aim of the diploma thesis is to highlight that the model of average consumer needs to be viewed differently depending on in which area of economic competition it is currently located at. It is subjected to diverse claims in various areas. This was proved by several judicial cases. The function of the model of average consumer is to be a substitute for all consumers. Consumers' protection is provided through this model. As it is important to emphasize, the average consumer is just a model and does not strictly remain a legal person. The case analysis and comparisons led to the definition of...
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Liability of the providers of information society services
Bošiak, Martin ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
The primary aim of this thesis is to summarize the legal framework relating to the legal responsibility of Information Service Providers (ISP). This field is regulated by the Directive 2000/31/EC ('Directive on electronic commerce') and the Czech Act No. 480/2004 Coll., on certain information society services. The secondary purpose of this thesis is to compare these two legal frameworks, consider the differences between them and identify their consequences. The legal definition of ISP is fully analyzed in this thesis however this basically means any provider of information society service, i.e service provided at a distance, by electronic means, at the individual request of a recipient of services and normally provided for remuneration. The thesis is composed of four chapters dealing with different issues. The first chapter is the short introduction into legal responsibility as a legal instrument. The main attention is given to the article 420 of the Act No. 40/1964 Coll. (Civil Code) and the changes which will be brought by the Act No. 89/2012 Coll., i.e. the "new" Civil Code effective from 1.1.2014. The second chapter deals with the first rulings concerning the ISP liability abroad (Godfrey v. Demon Internet, LICRA v. Yahoo, A&M Records v. Napster). In my point of view, these judgments are, even...
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Analysis of merger regulation and economical criteria
Gonda, Pavel ; Černá, Stanislava (advisor) ; Pelikánová, Irena (referee) ; Rozehnal, Aleš (referee)
Analysis of merger regulation and economical criteria Abstract: The United States of America has been the cradle of merger regulation. During the last century, the application of rules connected with merger assessment was evolving in connection with the then-prevalent economic schools (for example the University of Chicago, etc.) and in connection with the amount of regulation of American economy during certain periods. The Courts make decisions whether or not a merger leads or does not to a significant lessening of competition, whereas the petitioners can be persons affected by relevant merger, states or federal antitrust Agencies (FTC or DOJ). The notifications of the merging parties are being filed with the above Federal Antitrust Agencies according to the Hart-Scott-Rodino Antitrust Improvements Act. There are two possible anticompetitive effects of mergers - unilateral effects and coordinated effects. Both effects complement each other. These effects can be prevented by efficiency gains of the merged entity. The merger assessment in the European Union or the Czech Republic is relatively new in comparison with the US. In contrast to the US, the concentrations in the EU and the Czech Republic are cleared by the Antitrust Agencies (namely the European Commission or Czech Competition Office). The decisions...
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Freedom to contract and its restriction in business obligations
Nedvěd, Filip ; Plíva, Stanislav (advisor) ; Rozehnal, Aleš (referee)
Every law in the Czech legal system regulates social relations. This adjustment serves to protect and determine values in society. Important role in this process hold the basic legal principles. Private law is no exception. Probably the most important principle of private law is the principle of autonomy of will. Its expression in the law of business oblagations is the principle of contractual freedom, which is the main theme of this work. The principle of freedom to contract is quite crucial for the functioning of the modern principle of contract law, which regulates relations arising in a market economy. The aim of this work is to describe the principle of freedom to contract and its manifestation in the legal standards, which governs business obligations. Finally, this work discusses restrictions of freedom to contract, since it is clear that this can not be applied without some correctives. Keywords: contractual freedom restrictions of contractual freedom commercial contractual relations
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The European Private Company
Augustinič, Igor ; Černá, Stanislava (advisor) ; Horáček, Vít (referee) ; Rozehnal, Aleš (referee)
1 The European Private Company Dissertation thesis Mgr. et Mgr. Igor Augustinič Abstract Supranational corporate forms as a means for supporting cross-border entrepreneurial activities on the internal market of the European Union are in the centre of interest of legislation and legal doctrine almost from the beginning of the European integration. However, a full-function corporate form oriented above all to small and medium-sized enterprises (SME) cannot be found among the existing European corporate forms. It was this primary target group, the overwhelming majority of enterprises in Europe belongs to, and the project of the European private company - societas privata europaea - should be aimed at. The origins of the SPE project can be seen in academic debates on which supranational corporate form would be the most suitable for SMEs going back to the seventies of the twentieth century. Under the auspices of CREDA, Centre for Research of Commercial Law by the Paris Chamber of Commerce, the discussions were taken up again in the nineties of the twentieth century and led to the first Draft SPE Regulation being prepared by CREDA in 1997. It was a private draft that has served as a basis for further discussions on the SPE project. Since 2001, the initiative regarding the project has been taken over by the...
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Unjust enrichment under business law
Keltner, Miloslav ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Unjust enrichment under business law The aim of this work is to analyze the unjust enrichment with its overlap to commercial law. The introduction of the text summarizes the historical development of unjust enrichment from ancient Roman law provisions, including the Austrian General Civil Code and the Civil Code from 1950 up to the history of the currently effective codex published under no. 40/1964 Coll. This historical analysis points out certain analogies with the current regulation and the development of elements that are the foundation of today's unjust enrichment legislation. The following part of the work contains analysis of the current de lege lata legislation of unjust enrichment in the commercial law, the subsequent part constitutes the crucial part of this work that is concerned directly with unjust enrichment in the commercial law. First, it analyses the term of business contractual obligations, then it analyses the relationship between the Civil Code and the Commercial Code and finally it sums up the expert discussion relating to the unjust enrichment in the commercial law and subsequently the author presents his personal view of the problem and the effects of the unjust enrichment, especially on the question of limitation period, are considered briefly. The final chapter consists...
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Creation of TV News with Regard to Mass Culture
Kročáková, Veronika ; Rozehnal, Aleš (advisor) ; Krtilová, Kateřina (referee)
This master's thesis focuses on studying TV news as the most accessible information source for the mass society. It analyses the contemporary trends in news reporting, and attempts to define their impact on the mass audience. On the basis of critical theories of postmodern media society it further analyses the specific aspects which are not approached by the classical theory of media. This thesis aims both to define the media strategies in terms of the production and selection of news, and to research to what degree the news form determines the media content of TV news, and to what degree we might speak about the receivers to be manipulated.
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