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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Statutory Secondary Liability in the Law of the Limited Companies
 Vrba, Milan ; Černá, Stanislava (advisor) ; Dvořák, Tomáš (referee) ; Josková, Lucie (referee)
Particular cases of statutory secondary liability in the law of limited companies are relatively frequent. Forasmuch as a publication providing comprehensive analysis of the subject matter is still missing, the aim of the thesis is to offer thorough treatise of the issue in its whole broadness. The first chapter analyses the secondary liability as the institution of the general law of obligations. Fundamental features of the secondary liability are pointed out and respective rights and duties of the relevant parties are outlined. The issue of subrogation, joint secondary liability, termination of the secondary liability and statutory bar of the rights arising therefrom are discussed. The second chapter deals with the statutory secondary liability of the members (shareholders) of the limited companies. The thesis shows that both debts and claims of company may be subject to secondary liability of its shareholders. The third chapter focuses on the statutory secondary liability of the members of company bodies (directors). Besides primary liability for the harm caused, the company law punishes the director's failure to observe his or her duties by means of secondary liability for the company's debts as well. Particular cases are critically analysed. The fourth chapter concentrates on the statutory...
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Termination of office of the member in a governing body of a limited company
 Oulíková, Lenka ; Čech, Petr (advisor) ; Zahradníčková, Marie (referee)
Termination of office of the member in a governing body of a limited company (Vacation of Company's Directors) This paper examines the process of resignation of members of the organs of a company. It considers both protection of the member and the company. In the first part it analyzes several issues concerning the interpretation of section 66 of the Commercial Code on the basis of judicial decisions. It focuses on the following issues: the purpose of statutory provisions; ways to notify the resignation; on which day the resignation should have been discussed; who is obliged to summon the meeting and what consequences follow the breach of this duty. The Supreme Court has ruled that the protection of a company and its director is equally important. Resignation can be notified either at the meeting or delivered to the company. The director is obliged to do whatever may be reasonably required of him to ensure the organ concerned is given a real opportunity to discuss the resignation. If the director does not fulfill their duties and the resignation is not discussed, their tenure will not end. The end of the tenure cannot always be conditioned by convening the general meeting or placing the discussion of the resignation on the agenda. If a director cannot be rightfully required to summon the general meeting,...
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