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Usury and Lesion in Business Law Realtions
Šejko, Jaroslav ; Černá, Stanislava (advisor) ; Pelikán, Robert (referee)
Usury and Lesion in Business Law Realtions Abstract The main objective of the thesis is to investigate the issue of usury and lesion in business law realtions and to analyse the possibilities that entrepreneurs have to protect themselves from these undesirable phenomena by means of legal institutes of private law. Particular emphasis is placed on the relationship between the general private law remedies, which serve to correct the substantive incorrectness of legal actions, and the special provisions that exclude protection of entrepreneurs against usury and lesion. In the course of the thesis we will focus on the evaluation and analysis of these institutes and their possible impact on business entities in business dealings, including a comparison with foreign legislation (mainly German and Austrian) and practical recommendations. In its examination, the thesis is progressively divided into several subparts, with the first topic addressed being the protection of the weaker party, the definition of the situation and the reasons for the protection of the weaker party, including the ideological background. The emphasis in this chapter is on the entrepreneur as the weaker party and the possible abuse of the stronger position. In the second and third parts, I focus on the definition of the concepts of usury and...
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Assignment of Business Receivables under Czech and German Law
Kasl, František ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The aim of this thesis is to provide detailed analysis of selected legal aspects with practical importance of the assignment of business receivables. Particular topics are focused on problematic legal features of cession, that have so far not been sufficiently elaborated in expert literature, mainly with regards to the impacts of the recent transformation of the Czech civil law. The issues are approached as comparison between the previous law and the current law, which is in force since 1st January 2014, alongside taking account of solutions for chosen issues under German law.
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Relations in commercial law of the Republic of Korea
Pappová, Martina ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The increasing volume of bilateral trade between the Czech Republic and the Republic of Korea is the statistical fact. Korean companies employ many Czech workers. Korean companies cooperate with many subcontractors, that come from different legal environment. Czech managers communicate with Korean investors. In these interactions there is not only a possibility of conflict of different cultural traditions, but also legal culture. I seemed it therefore appropriate to examine what legal environment the Korean investors and business partners came from, and what misunderstandings may possibly arise from the lack of information. Another area of practical application of my work can be a legal relationship with an international element. If the parties choose the law applicable to their contract, it is essential for the actors of the contract to be aware of differences in the jurisdictions considered. The Korean law was influenced by both continental legal system and Anglo-American legal system. Moreover, there are still noticeable the residues of traditional Chinese law, and he later developed traditional Korean law. Due to these different influences, the current Korean law is interesting from a theoretical point of view, too. The source for this work is the Korean commercial and civil act and the Czech Commercial and Civil Code. Whereas I have never learned Korean, I was studying Korean laws in their English translation. In my comments I would like to suggest basic differences between the Czech and Korean law. I hope that my work will provide enough information for the theoretical understanding of the differences and similarities of Korean and Czech legislation.
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