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Selected Business Aspects of Insolvency Proceedings
Mašek, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Thesis: Selected Business Aspects of Insolvency Proceedings The reason why I have decided for my thesis topic is that the connection between business law and insolvency law is a field which has not been studied comprehensively so far. However my opinion is that these law branches have a lot in common as we can see daily their intersection in many insolvency proceeding. Object of this thesis is to describe the main areas in which clashes insolvency law with business law and then define questions which issue from this clash and answer those on which the Insolvency Act and Business Code do not offer clear answers. As I mentioned the connection between insolvency and business law is not focused comprehensively by doctrine. Therefore I work particularly with decided cases and legal interpretation books as sources for my thesis. The text offers two points of views on this topic. The first is aimed to company (especially its statutory body) which becomes insolvent. The second is aimed to third parties who do business with an insolvent company. The first part of my thesis is engaged in short description of historical development of insolvency law in Czech. Then it is focused on explanation of basic insolvency terminology in context of business law. The second part of the thesis deals with duties of...
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Housing co-ownership: Comparison of legal regulation of selected institutes in Law No. 72/1994 Coll. and Law No. 89/2012 Coll.
Engelová, Lenka ; Oehm, Jaroslav (advisor) ; Zahradníčková, Marie (referee)
After nearly a decade of efforts the work on the New Civil Code (NCC) was crowned. New Civil Law was published in the Collection of Laws as Law No. 89/2012 Coll. and its efficiency is determined for 1st January 2014. In the conclusion of the work the regulation of housing ownership was incorporated into NCC. Previously the separate Law No. 72/1994 Coll. has been reserved for this regulation and this condition was envisaged for the period of effectiveness of NCC. The chosen topic "Housing co-ownership: Comparison of legal regulation of selected institutes in Law No. 72/1994 Coll. and Law No. 89/2012 Coll." responds to the upcoming legislative changes. The thesis is composed of three parts, each of them dealing with different aspects, that are internally divided into sections and subsections. The first part is devoted to theoretical issues of housing ownership in the two compared regulations. The historical development of housing ownership, separate theoretical concepts, including subordination of regulations to a specific concept of the housing ownership institute, are briefly mentioned. In a separate chapter, starting points, the concept and the legal definition of "Housing co-ownership" as an institute of the New Civil Code are outlined. A detailed comparison of the two regulations in terms of the...
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Misleading advertising
Vilhelmová, Lucie ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Misleading advertising The topic of this rigorous thesis is "Misleading advertising". The theme of the thesis is current and attractive, because everybody comes across the advertising all the time and thus the advertisement influents each of our lives. One of the motives for writing this rigorous thesis was to mediate understanding of problems concerning with the misleading advertising and the unfair competition. The rigorous thesis is divided into six chapters. The first chapter deals with the economy competition and is an introduction to the misleading advertising. In this chapter, I compare the brief historical excursion law against the unfair competition with the cartel law. The second chapter deals with the unfair competition. In this chapter, I also analyze the general clause of the unfair competition and its three characters and subjects of the unfair competition. The third chapter of the rigorous thesis is called "Advertising" and it is an introduction to the advertising and its legal and non-legal regulation in the Czech Republic and the European Union. The fourth chapter is a pivotal one and it is titled "Misleading advertising". In this chapter, I analyze the characters of the misleading advertising and trying to compare the regulation of the misleading advertising in the Commercial Code and the...
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Derivative acquisition of the share
Vrba, Jan ; Zahradníčková, Marie (referee) ; Josková, Lucie (referee)
The presented rigorous work named Derivative acquisition of the share consists of five chapters, two of which is an introduction and conclusion. In the first chapter the author introduces the reader to the concept of the share, because it is crucial for all the work. The strangeness of the shares is explained mainly on the basis of its quantitative and qualitative determination. In the second chapter, the author briefly mentions the acquisition of the share in the original way, i.e. acquisition of such share which was never owned before. In the Czech legislation, this can be achieved by two similar ways, either during the establishment of the company nor by the accession of the new shareholder during the increasing of the registered capital. Derivative acquisition means the acquisition of the ownership of the share from the previous owner, either by his will or without it. The main part is in one of the third chapter's subchapter, entitled Share transfer agreement. The author pursues the necessities of the transfer share agreement in detail, both those that are laid down by the law, as well as those that are set by the practice of the courts. In addition, the author also proposes additional optional arrangements that may be in the share transfer agreement, and that such right of first refusal or...
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Commencement, change and termination of membership in housing cooperative
Raszková, Pavlína ; Oehm, Jaroslav (advisor) ; Horáček, Vít (referee) ; Zahradníčková, Marie (referee)
v anglickém jazyce This work deals with the establishment, changes and termination of membership in a housing cooperative. The first level of my work is introduction of the topic under current, valid and effective legislation, in particular pursuant to Act No. 513/1991 Coll., The Commercial Code, as amended, and pursuant to Act No. 40/1960 Coll., The Civil Code, as amended. This part of the work is accompanied with a current views of legal theory and case law. The second level of my work deals with establishment, changes and termination of membership in the housing cooperative under new legislation, as of 1 January 2014. Re- codification of private law effective as of 1 January 2014 involves inter alia Act No. 89/2012 Coll., The Civil Code, which will regulate civil and commercial relations and Act No. 90/2012 Coll., the Law on commercial companies and cooperatives (business Corporations Act) which will regulate commercial companies and cooperatives.
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The transfer of ownership of cooperative apartments
Moravec, Petr ; Zahradníčková, Marie (advisor) ; Štenglová, Ivanka (referee)
The transfer of ownership of cooperative apartments The thesis deals with the issue of the transfer of property of cooperative apartments which is a topic frequently approached due to a large number of members of the cooperatives who still haven't settled their legal claims against the housing cooperatives. The housing cooperatives will keep their importance even with the new civil code being applicable. The purpose of the thesis is to analyze legal regulation concerning transfers of ownership of apartments from the housing cooperatives to their members, concentrating especially on the conditions, fulfilling of which establishes an obligation for the cooperative to conclude the contract with their members in order to transfer the ownership of cooperative units. The thesis also attempts to describe some changes brought into the legal system by the new civil code. The thesis is composed of four chapters which are further divided into subchapters. Chapter One is dedicated to the definition of the essential concepts used in the thesis. Considering the transfer of ownership, it is necessary to denominate the parties of the relationship which are the housing cooperative on one side and the member the housing cooperative, and the subject to the property right or claim - cooperative apartment. Chapter Two...
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Legal regulation of the Commercial Register
Janíček, Milan ; Zahradníčková, Marie (advisor) ; Štenglová, Ivanka (referee)
The topic of this diploma thesis is the legal regulation of the Commercial Register in the Czech Republic. The thesis focuses on various problems connected with this legal sphere and with the role of the Commercial Register as a public document. The thesis consists of seven chapters, each of them dealing with different aspects of the Commercial Register's nature. At the beginning of the thesis there is the survey of the historical development of the Commercial Register and basic facts, documents and legal regulations (e. g. Code Savary 1673, Code de commerce 1807, AHGB 1863 etc.) that were very important and influencing factors for its present appearance (as it is known in the Commercial Code N. 513/1991 Coll.) are described there. Then the basic concept and principles of the Commercial Register are explained and the principle of publicity (material and formal) on which the Commercial Register is based is analyzed. The next part of the thesis illustrates the Commercial Register's structure and defines which subjects (artificial and natural persons) and information are, according to the law, recorded there. There are also explanations of registered subjects and information and legal effects of the registration. Possible difficulties during the registration process are also mentioned. The end of the...
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Abuse of majority and minority position in a joint-stock company - a comparison of Czech and English legal regulation
Šimanovská, Tereza ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The Abuse of Majority and Minority Shareholder Power in a Limited Liability Company - A Comparative Study of Czech and English Law. This thesis is concerned with the abuse of majority and minority shareholder power in limited liability companies. Its goal is to compare Czech and English law concerning this area. As enough literature exists examining this topic from the perspective of Czech law, this paper is focused primarily on English law in order to introduce its approach and legal concepts to the Czech reader. The paper is composed of five chapters. Chapter One is introductory. It provides a brief introduction on English Legal System, as well as sources of Company Law both in Czech and English law. Definitions of legal concepts used in the thesis are explained, such as limited liability company, shareholder, shareholders' rights etc. Chapter Two examines Czech law on shareholder power abuse by introducing the legal framework and sources of law. Basic legal principles used by Czech courts to interpret the limits of shareholder rights exercise are examined, as well as the relevant statutory provisions of the Czech Commercial Code, Act no. 5013/1991 Coll. and key court decisions. Chapter Three seeks to outline the basic legal framework of English law. It examines the key principles of English...
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Shares, their legal nature and classification according to their types
Steininger, Martin ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Shares, their legal nature and classification according to their types The main purpose of my thesis is to analyse the legal nature of shares and describe their classification according to their types. Both issues are explained with respect to historical evolution and actual legislation. There are also illustrated legislative bills of recodification of private law. The importace of joint stock companies constantly increases with their higher number year after year not only in Czech republic. This fact was also one of the reasons for choosing this topic. The thesis is composed of five main chapters. Chapter One is introductory and provides theoretical basis for another chapters. The chapter is subdivided into three subchapters. Subchapter One briefly describes historical creation of joint stock company as one of the types of companies. Following subchapters provides basic characteristic of joint stock company and its share capital. Chapter Two focuses especially on classification of shares within securities. This chapter is subdivided into four subchpaters. Subchapter Two endeavours to find a definiton for securities which is also applicable to bookshares. Subchpater Three then analyses the legal nature of share. Closing subchapter classifies shares within all of the securities. Chapter Three deals...
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The Selected Principles of Czech and English Contract Law
Zvára, Michael ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
(in English): The final thesis deals with the analysis of selected principles of the Czech and English contract law. The aim of the final thesis was to highlight common and different features of the Czech and English law based on the selected principles and simultaneously to illustrate the differences in legal reasoning between the two countries. The author describes the significance of the English law in the first chapter, followed by the chapter concerning formation of a contract in the Czech and English law. Attention is being paid to an offer, further analysis includes the possibility of revocation of an offer and the different approaches adopted to these problems in the legal frameworks of the Czech Republic and England. The author than proceeds to the description of acceptance of an offer, formation and conclusion of a contract and effectiveness of an acceptance in the case of distance dealing between the parties. Comparison with PECL and UNIDROIT is being made and the author concludes, that both the Czech and English contract law adopt the same solutions for an acceptance and conclusion of a contract, which, however, do not coincide with the rules laid down in PECL and UNIDROIT. Critical assessment of the provisions concerning the offer and acceptance in the Czech Civil Code Bill, which...
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