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Greenwashing as Unfair Competition Practice
Hamáčková, Magdalena ; Hurychová, Klára (advisor) ; Patěk, Daniel (referee)
Greenwashing as Unfair Competition Practice Abstract: The thesis focuses on one of the major obstacles in the fight against climate change, greenwashing. Given the difficulty in defining and the diversity of this phenomenon, this thesis aims to introduce greenwashing and examine it through the lens of unfair competition law. In particular, it examines whether greenwashing can be an unfair competition act, i.e. whether it fulfils the general unfair competition clause, whether it can possibly also fulfil one of the special unfair competition acts and whether the current unfair competition legislation is sufficient or whether it would be appropriate to create a new special unfair competition act regulating greenwashing. The first chapter of the thesis focuses on competition, defines competition law and discusses the basic concepts related to competition. All of this is important in order to subsequently highlight how competition is changing in the context of environmental protection efforts and related activities and what threats it faces. The second chapter continues with the definition of the law against unfair competition, explains the nature of unfair competition, introduces the general clause of unfair competition and describes in more detail the three most important specific acts of unfair competition...
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Business contract concluded with consumers
Vavroušková, Barbora ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
This thesis deals with the legal regulation of contracts concluded with consumers contained mainly in the Civil Code under the provisions on obligations under contracts concluded with consumers. It starts with a brief overview of historical development of consumer protection legislation. This is followed by an analysis of basic concepts, specifically definition of consumer and the trader, and also description of commercial contracts concluded with consumers. Following this, the work provides a complex overview of the relevant Czech legislation. Subsequently, the thesis focuses on the analysis and evaluation of the general rules of the process of concluding contracts with consumer in the Civil Code and also an analysis and evaluation of current legal regulation of contracts on financial services concluded with consumers by distance form. Specifically, it deals within the general rules of the consumer contract process, information obligation of the trader, rules on the interpretation of the content of consumer contracts, prohibited terms in consumer contracts and specific rules on withdrawal of consumer from the contract. Within the framework of the financial services contracts legislation concluded by distance, the following analyses the provisions on the information obligation of the trader and on...
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Legal regulation of dietary supplements advertising
Šotolová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
5 Legal regulation of dietary supplements advertising Abstract The thesis analyses and summarizes the legal regulation of dietary supplements advertising. It deals with the assessment of the effectiveness of the current legal regulation in the given area from the point of view of consumers, as the most frequent addressees of advertising and tries to answer the question whether this regulation provides sufficient protection for consumers or whether it rather restricts them too much from receiving valuable information. The issue is also approached through the lens of food business operators and the question is raised whether the strictness of the legal regulation does not exclude or excessively prevent them from advertising a dietary supplement. In the first chapters, the dietary supplement is characterised, while an introduction to the legal regulation of dietary supplements as such is defined. This is followed by a definition of advertising and its typical aspects and an introduction to the legal, as well as extra-legal, instruments for its regulation. The core of the thesis is in third chapter, which deals with the analysis of the individual rules set out in the Advertising Regulation Act No 40/1995 Coll. and the relevant directly applicable EU regulations, as these rules are specific to the field of...
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Security of e-Commerce and Dropshipping
Hanták, Martin ; Harašta, Jakub (referee) ; Loutocký, Pavel (advisor)
The bachelor thesis is devoted to the issue of e-commerce security, in particular to the specific business model of dropshipping. The thesis is divided into two basic parts, theoretical and practical. The theoretical part explains the different types of business models, including the dropshipping model, and the legal aspects related mainly to the dropshipping model. In the second, practical part, the basic goals of the dropshipping e-shop are presented, including the technologies and programming procedures used. The thesis concludes with a code analysis and security recommendations for potential future web application development.
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Necessity of quality management
Vintrlík, Jan ; Teš, Vasilij (referee) ; Fiala, Alois (advisor)
The aim of this thesis is to provide through retrospective seach1 an objective view on given topic of quality management. For this purpose were selected particular data and subjects from book notations and documents. Since quality management is a dynamic process, which is concerned with wide range of problems, it is due to development of new technologies and knowledge innovated continuously. Even in this moment, when you are reading following chapters, there are new circumstances all around the word, with which this discipline will have to deal with.
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Business contracts concluded with consumers
Polák, Jindřich ; Liška, Petr (advisor) ; Flídr, Jan (referee)
Business contracts concluded with consumers Abstract This diploma thesis focuses on the issue of unfair terms in consumer contracts. This topic presents a particular sector of the legal regulation of business contracts concluded with consumers. The Czech republic's regulation on unfair terms in consumer contracts derives from the law of European union. In particular it concerns the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The system of protection introduced by the Directive is based on the premise that the consumer is in a weak position in regards to both his bargaining power and his level of knowledge. This leads to the consumer agreeing to contract terms drawn up in advance by the trader without being able to influence their content. Therefore, the Directive forbids such term if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, detriment to the consumer. Initially the Czech legislator implemented said Directive in an inapt manner. These shortcomings are being repaired by the recently adopted amendment to the Civil Code and Act on Consumer Protection. This amendment also reflects the current development of the European union's consumer law. The core of this thesis is the...
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Penalising surreptitious advertising by influencers on social networks
Krchovová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Penalising surreptitious advertising by influencers on social networks Abstract This academic paper deals with the trend of influencer advertisement and its regulation in the Czech Republic and the European Union. It also evaluates the effectiveness of enforcement in the Czech Republic and presents three different approaches to enforcement abroad, including Czech and foreign self-regulation. The first section of the paper describes the development of influencer advertisement and the form it takes today, emphasizing the remuneration of influencers. Its most pressing problem is the hidden form of advertising and thus it is considered deceptive advertising. The second part focuses on the current domestic public and private law regulation of advertising as applied in the social networks environment and defines the legal status of the participants. The legal regulation in the Czech Republic is based on the European Union law, and therefore the thesis reflects the key concepts in the light of the Guidance on the interpretation and application of Directive concerning unfair business-to-consumer commercial practices in the internal market. After analysis of the applicable law, the main purpose of the next chapter is to define the difference between an influencer's recommendation and their commercial content,...
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Class actions
Stiborová, Kateřina ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Class actions Abstract This thesis deals with the regulation of collective proceedings in the Czech Republic, first focusing on the current forms of collective proceedings and then moving on to the draft of the Act on Collective Civil Judicial Proceedings. The aim of the thesis is to contribute to the professional debate on the emerging form of collective proceedings with a mostly practical view of setting specific parameters of the law, to point out some shortcomings of the current proposed bill and to offer its own solutions. From the methodological point of view, the analytical, normative, comparative and synthetic approaches were used. However, a descriptive approach is also evident in the beginnig of the thesis. The analysis was mainly used in the examination of the current draft of the Act on Collective Civil Judicial Proceedings and the Polish legislation. The normative approach is most evident in the critical commentary on the current proposed bill. The thesis offers a comparative examination when comparing the proposed Czech and Polish legislation. The synthesis of the recorded findings is then most influenced by the section dealing with considerations on the future appropriate form of class actions. From the content point of view, the thesis first offers a theoretical excursus in which it deals...
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Nekalé praktiky v multilevel marketingu
Tomková, Karolína
Tomková, K. Unfair practices of multilevel marketing. Bachelor‘s thesis. Brno: Mendel University in Brno, 2023. The bachelor's thesis deals with the issue of the multilevel marketing system and the fraud that can occur here. The aim of this thesis is to formulate recommendations on how to prevent these unfair practices when using the MLM system, based on specificic objectives. The thesis consists of two parts, a literary research and an analytical part. The literature review defines the concept of multilevel marketing, structure and companies that use the MLM system in the Czech Republic. Furthermore, the legal regulations that affect the MLM system from a legal point of view are mentioned here. The analytical part is devoted to the analysis of experiences and cases of opinion groups with the help of classification trees. In the discussion, the data obtained from analysis are eva-luated and recommendations are made on how to avoid unfair practices and how to copy with them. The economic consequences of using unfair practices in the MLM system are also evaluated here.
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