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Liberal theory and practice of competition law
Horych, Jan ; Bažantová, Ilona (advisor) ; Kühn, Zdeněk (referee) ; Večeřa, Miloš (referee)
Liberal theory and practice of competition law Abstract The presented thesis focuses on the matter of competition law from the point of view of selected schools of economic thought. The goal of the thesis is to provide a comprehensive insight into the content and nature of legal norms in the field of competition law and offer a comparison of views of specific traditions of economic theory on the selected bodies of legislation in force. The wider objective of the thesis is to explore the application possibilities of the findings of various economic theories to legal phenomena, with the thesis exploring both the anglo-american branch of economic analysis of law and heterodox approaches, that originate from the continental economic theory and jurisprudence. To this end, the thesis picks three distinct schools of economic thought, that are commonly labeled as liberal, these being the Austrian, Chicago and Freiburg school of economics, each having different methodology, theoretical and analytical conclusions and prescriptive suggestions. Bodies of legislation in force selected for the purposes of this thesis are competition law statutes of the Czech Republic, the Federal Republic of Germany and the EU. The Structure of the thesis applies the "from general to specific" method of explanation, i.e. introductory...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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Czech regulation of limited companies from the point of view of the 'law and economics' school
Šimek, Stanislav ; Pelikán, Robert (advisor) ; Černá, Stanislava (referee)
Czech regulation of limited companies from the point of view of the 'law and economics' school Abstract Law and economics has a potential to provide us with an uncommon and to the Czech jurisdiction often neglected point of view on laws. The aim of this paper is to apply economic theories on directors' liability for breach of fiduciary duties and to consider its consequences on the economic efficiency of companies. The critical question is whether not having such liability could provoke an increase of wealth of all stakeholders. The paper also aims to come up with instruments capable of minimizing the lost caused to companies by mandatory rules regarding director's liability. At the end of the thesis, the Czech laws regarding the director's liability for breach of fiduciary duties are analyzed in the point of view of economic analysis. The analysis is followed by proposition of instruments that could make companies operating in Czech legal environment more effective. Directors' liability, which can result in an aversion to make risky decisions, can cause significant losses to companies (so called agency costs). For that reason, the possibility to determine the scope of director's liability given to shareholders can have, in some cases, positive effect on the company's efficiency. The paper concludes that...
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Costs of civil proceedings
Písaříková, Markéta ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
Costs of civil proccedings This dissertation thesis is aimed onto costs of civil proceedings, especially general costs of civil proceedings and special costs of civil proceedings. Regarding to the special costs of civil proceedings it deals with its remuneration (amount and extent). Existing Czech law was analyzed on given cases with comparation of law, economic analysis of law and theory of games and as the result the externalities were found and defined with the consequences the law lead to. The application of game theory on given problematics has shown its value for analysis of legal rules and as for future it is a way where the analytics can develop. The dissertation thesis has found a mathematical formula for calculation of summary remuneration of costs accompanied with lawsuits so that for the creditor it is more economical to sue the debts than to cede them to the debt collecting companies, and together with that the new law is proposed to prevent externalities that destruct the functioning of civil courts by flood of multiply-lawsuits and externalities, that's costs are borne by tax residents.
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Law & Economics as applied on the area of insolvency
Krb, Štěpán ; Bažantová, Ilona (advisor) ; Hraba, Zdeněk (referee)
Insolvency law is one of the fields of law that most influence economic relationships. Its creation, interpretation and application is crucial both in ex ante and ex post paradigms, in that it influences the future behavior of legal entities and determines the rights and obligations of creditors, stakeholders and the debtor. Bringing about interpretations which lead to legal uncertainty and to perceived economic injustice influences the tendency to enter into transactions negatively. Therefore, the creation, interpretation and application of insolvency law should follow the principle of the least and necessary ingressions and always serve to fulfill its purpose. All three processes should be - given the prevailing economic dimension of insolvency - complemented by economic analysis as a tool to discover the true effects of insolvency law and to correct the same.
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International Company Law
Lokajíček, Jan ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
This dissertation deals with international company law, namely with piercing the corporate veil doctrine. The dissertation is divided, apart from introduction and conclusion, into 5 chapters. Chapter I deals with general definition of the doctrine. Chapter II explains that the complexity of the doctrine is caused by a fact that it actually consists of several related questions. This Chapter offers an answer to the most serious one - the predictability of use of the doctrine. Chapter III discusses current questions related to the piercing. Chapter IV brings an analysis of use of the piercing in chosen developed legal orders including a comparison summary. Finally, Chapter V is devoted to possibility of use of the doctrine in Czech law. Key words: International company law; piercing the corporate veil; breakthrough of the property independence; limited liability of shareholders; capital companies; economic analysis of law; closely held corporations; voluntary and involuntary creditors.
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as corrective element only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and it permits to use Difference-in-differences method (DID). The used DID is very similar to the placebo response and it helps to distinguish...
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. There is a question of advantageousness of transformation into unicameral constitutional system of Czech Republic ceteris paribus. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as a part of work hypothesis only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and...
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Economic Analysis of Law in the Field of Liability for Damage
Przeczek, Michal ; Bažantová, Ilona (advisor) ; Borkovec, Aleš (referee)
Economic Analysis of Law in the Field of Liability for Damages This thesis focuses on the application of economic analysis of law, which is an approach enabling an alternative view of legal institutions because of its specific methodology. Although this theoretical school originated in the common law system, which is still its realm, the thesis shows potential overlaps to the system of civil law. Questions concerning civil liability for damages are examined as an example of a possible application. The initial chapter of the thesis is concerned with introducing the economic analysis of law. At first, it briefly describes its historical development including links to some related schools. Foundations, areas of resesarch, basic concepts and methodology are also examined in this chapter. The specific application of economic approach in relation to civil liability for damages is discussed in the second part. It describes the choice between negligence and strict liability, problem of causation and procedural aspects of claims for compensation for damage. Special attention is drawn to the Learned Hand test established by case-law as a method to assess the conditions of liability. This method is based on considering economic criteria using a cost analysis. The part dealing with behavioral findings extending...
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Costs of civil proceedings
Písaříková, Markéta ; Winterová, Alena (advisor) ; Macková, Alena (referee) ; Uhlíř, David (referee)
This dissertation thesis is aimed into costs of civil proceedings, especially general costs of civil proceedings and special costs of civil proceedings. Regarding the special costs of civil proceedings it deals with its renumeration (ammount and extent). Existing czech law was compared on given cases with german and english law; economic analysis of existing czech law governing the renumeration or general costs of civil proceedings was went through and as the result the externalities were found and defined with the consequencies the law lead to. The dissertation thesis has found a mathematical formula for calculation of summary renumeration of costs accompanied with lawsuits so that for the creditor it is more economical to sue the debts than to cede them to the debt collecting companies, and together with that the new law is proposed to prevent externalities that destruct the funcioning of civil courts by flood of multicopy-lawsuits and externalities that mean property transfer from wide level of citizens towards to the few individuals (bailiffs). Powered by TCPDF (www.tcpdf.org)
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