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By-Laws of a Joint-Stock Company
Hájek, Tomáš ; Liška, Petr (advisor) ; Hurychová, Klára (referee)
By-Laws of a Joint-Stock Company Abstract The diploma thesis on the topic of By-Laws of a Joint-Stock Company aims to summarize and analyze in detail all the existing theoretical knowledge and legislation relating to the by-laws of the joint stock company and then apply this knowledge in practice in the analysis of specific by-laws. The work is divided into five chapters. The first chapter deals with the legal nature of the by-laws, their interpretation, their form including issues of non-compliance, issues of conflict with the law and its consequences, and obligations regarding the publication of by-laws and obligations arising from special acts. The second chapter deals with issues of amendments to the by-laws. All possibilities of amending the by-laws are discussed, whether they result from the will of the shareholders or are the result of some other legal facts. Attention is also paid to the effectiveness of the amendments to the by-laws and a one-time breakthrough into them. The third chapter discusses the requirements of the company's by-laws. The individual mandatory requirements arising from the Civil Code and the Business Corporations Act are described in separate subsections. There is also a treatise on optional requirements. Some specific optional requirements are discussed in the by-laws of the...
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Amending the Articles of Association
Malá, Klára ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
Amending the Articles of Association Abstract This diploma thesis deals with the issue of amending the articles of association of a limited liability company. The aim of the diploma thesis is to map out and analyse the various ways in which the articles of association can be changed. In the case of the decision-making of the general meeting, the goal is to analyse the rules that apply to the decision-making process of the highest body of a limited liability company in the event of an amendment to the articles of association, and what the possible consequences of non-compliance with these rules are. The aim is also to identify the decisions of the general meeting to which the rules for amending the articles of association apply, especially in cases where the general meeting of a company decides against amending the articles of association directly. In order to fulfil the set goal, the diploma thesis is divided into three chapters. The first chapter briefly deals with the articles of association as the founding document of a limited liability company. It describes its content, the form in which it must be taken, as well as the consequences of non-compliance with the rules set by law. The second chapter discusses the various ways the articles of association can be amended. Specifically, amending the articles...
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Rousseau and his Influence on the French Revolution
Pravda, Petr ; Znoj, Milan (advisor) ; Šimsa, Martin (referee)
The "rigorózní" thesis focuses on the evaluation of Rousseau's legacy. It is based on the confrontation of two adverse pictures of his ideas. The first image sees Rousseau as a thinker who prepared with his original concepts fertile ground for diverse undemocratic regimes and ideologies. These always declare their allegiance to the loftiest ideals but only to perpetrate the biggest crimes and to deprive people of their liberty. The second image sees in Rousseau an uncompromising critic of social injustice who saw the only possibility for redemption in liberty and equality. In this case he was one of the most important thinkers who inspired people on the road to the victory of democracy and an author whose original ideas still keep to inspire and to fascinate. I argue in favor of the second picture. Rousseau's critique of the moral crisis is based on the disunity of modern social man. This disunity stems from the incessant conflict between our natural nature and the social state. Rousseau saw the only solution in the adaptation of the original nature to the new social state. This can be achieved only through an affective bond to a political whole. Just so can man keep his liberty which represents the basic value of his existence. In society it is no more a case of absolute freedom but of conscious obedience...
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Rawls's Conception of Justice and His Critic F. A. von Hayek
Polenová, Monika ; Blažková, Miloslava (advisor) ; Hauser, Michael (referee)
The work focuses on analyzing the concept of justice as fairness in the political and moral philosophy. Mapping the development of opinion on the fairness of the ancient world, which will deal mainly with access to justice in Platon and Aristoteles. Particular attention will be paid to the concept of justice in the social contract T. Hobbes, J. Locke, J. J. Rousseau and I. Kant. The core work will consist of an analysis of John Rawls's theory of justice as fairness and approach to social justice by Friedrich August von Hayek. Keywords: theory of justice, social contract, social fairness, civil society, morality
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Contemporary Social Contract Theories
Froněk, Martin ; Wintr, Jan (advisor) ; Kysela, Jan (referee)
Contemporary Social Contract Theories The thesis is intended to be an introduction into contemporary social contract theories. John Rawls' book A Theory of Justice is a seminal work in this field. The thesis, however, does focus not only on the approach adopted by Rawls, but on the theories of other authors as well - that of J. Buchanan, D. Gauthier, T. Scanlon and R. Nozick. These remain quite unknown in the Czech context. The structure of the thesis should allow for a comparison between the respective theories as the author starts with the object of the social contract, proceeds to the parties of the contract and, finally, to its content. Special attention is devoted to the game theory which models some of the typical interpersonal interactions and, using its theoretical apparatus, can illustrate problems of social cooperation - the key theme of virtually all social contract theories. Eventually, the author tries to outline the way analytic philosophy views the social contract. In its eyes, the social contract is a necessary implication of the existence of language.
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The Concept of Autonomy : (conditions of modern subjectivity and historicity of the concept of law)
Janoščík, Václav ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
of the diploma thesis Janoščík Václav The Concept of Autonomy (Conditions of modern subjectivity, of the concept of law and of historicity) Submitted thesis aims at articulation of the concept of autonomy in its complexity. At first it pursues specific contexts of the notion to arrive at its structure. At first we try to explore prospective of analytical philosophy of law to situate the concept of autonomy to the heart of the idea of law. This efforts unfolds itself by an unorthodox interpretation of natural right theory of Herbert Hart's early work. Second chapter discusses the framework of the philosophy of history, that are based on the idea of an autonomous subject. Seemingly paradoxical linkage of Heidegger's fundamental ontology and Kosík's dialectics of the particular articulates the historical function of the autonomy. Next chapter connects Kosík with Cornelius Castoriadis in the perspective of social theories. Also in their normative core we can identify our notion of autonomy. Fourth chapter follows the theory of disenchantment of the world of Marcel Gauchet. We reformulate it as a realization of the ideal of autonomous subject in order to contextualize the concept historically. Last topic of the first part is the framework of the intellectual history. Here we situate Dieter Henrich and...
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Corporate identity of a new gentleman's fencing club Tailor's Fencing Club
Krejčík, Jan ; Voráček, Josef (advisor) ; Štědroň, Bohumír (referee)
Title: Corporate identity of a new gentleman's fencing club Tailor's Fencing Club Goals: The goal of this thesis is to create a complete corporate identity of a new fencing club in the form of a business company. The outcome of this thesis will be used for the project of founding a new gentleman fencing club. Methods: For the solution of the thesis I used the method of document analysis, the method of a group discussion with the future realization team of the project, the method of informal interviews with the future co-owner of the club and a marketing and PR expert and the method of observation in several chosen business and sport clubs. Results: The outcome of this thesis is the creation of a complete corporate identity of a new club, including graphic designs of various chapters referring to the corporate identity, such as choosing the right name of the club together with the organization's philosophy, the creation of the logo, corporate colors, printed materials, merchandising, the interior of the club, the uniforms of the employees and the sports equipment, the design of the company's website, followed by the corporate communication and the product of the company. A next result is the formulation of the social contract of the organization. Key words: company identity, epee fencing, design...
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Freedom of contract and its limitations in incorporating juridical acts of capital companies
Aranyossyová, Markéta ; Tomášek, Petr (advisor) ; Černá, Stanislava (referee)
Freedom of contract and its limitations in incorporating juridical acts of capital companies Abstract The thesis on subject of Freedom of contract and its limitations in incorporating juridical acts of capital companies s is divided into two parts, general and special part. General part of this thesis focuses mainly on general limitations of freedom of contract in contract law. Freedom of contract is one of the primary principles of private law. Generally, the manifestation of freedom of contract on the constitutional level is the principle that allows to deviate from a statute with a juridical act unless it is forbidden by law. This core rule of freedom of contract in private law is stated in the provision sec. 1 (2) of Civil Code: "Unless expressly prohibited by a statute, persons can stipulate rights and duties by way of exclusion from a statute". In this provision we can also find the main limitations of freedom of contract: explicit prohibition in a statute, prohibition of stipulations contrary to good morals, public order or the law concerning the status of persons, including the right to protection of personality rights. Due to the main principles of private law (the principle of the autonomy of will and freedom of contract) private legal rules are generally considered to be directory. The legislator...
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Crime and Punishment in the Eyes of Cesare Beccaria: An Analysis of an Enlightenment Penal Law Reform
Bojar, Tomáš ; Sokol, Jan (advisor) ; Wintr, Jan (referee) ; Tinková, Daniela (referee)
Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...
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