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Duties of so-called quoted joint stock companies
Novotný, Marek ; Černá, Stanislava (advisor) ; Horáček, Tomáš (referee)
Duties of so-called quoted joint stock companies Thesis author: Mgr. Marek Novotný Thesis supervisor: prof. JUDr. Stanislava Černá, CSc. This thesis is concerned with the regulation of duties of quoted joint stock companies (especially the duty of information) and its various institutes. The purpose of this thesis is to describe the legislation in this area of law and its development, with emphasis on the transposition of European legislation, and subject them to critical evaluation. In the first chapter the theoretical framework is defined by describing key legal concepts (the term "quoted joint stock company", "regulated markets") and the development of the most important legal regulation in this area - Act No. 256/2004 Coll., on Business Activities on the Capital Market. The second chapter is devoted to regulated markets and subject information duty. The third chapter deals with the admission of a security to trading on a regulated market and associated initial information duty of joint stock company, which is willing to become quoted. I describe mainly the prospectus and its essential elements. In the fourth chapter I analyze in detail the different types of regular (periodic) information duties, which are the annual report, semi-annual report and interim report. The following fifth chapter is...
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Conflict of interest in management of business corporations
Procházka, Jakub ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
The thesis is focused on the conflict of interest issue with relation to the management of business corporations, adjusted especially in the Business Corporations Act. The conflict of interest has been codified in a more detailed way after the recodification of the private law and this new codification brought up questions concerning practical application. The aim of the thesis is an analysis of the effective conflict of interest rules, providing proposals on how to solve some uncertainties which may appear and showing opinions of experts. The aim is also to show concrete examples of non-legislative adjustment in the conflict of interest area, especially through the corporate governance codices. The first chapter contains general information on conflict of interest, because the private law is not the only branch of law, where it can be found. In Czech public law, for example, is effective Conflict of Interest Act. Unfortunately, due to limited extent of the thesis it is not possible to analyse even the whole conflict of interest topic in private law, therefore the scope of the thesis is restrained on the general issues contained in the Sec. 54 and following of Business Corporations Act. The second chapter provides a short preview of the basic principles, which must be obeyed by the members of the...
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The duty to inform owed by municipalities in selected countries
Zelenka, Marek ; Kopecký, Martin (advisor) ; Svoboda, Petr (referee)
Resumé Information duty of municipalities in selected countries In this thesis I have concentrated on the topic of transparency and openness of municipality bodies in the Czech republic, the Slovak republic and the Free State of Bavaria. The legislations in these countries have historically similar grounds, nevertheless, nowadays they show up many distinctions. My concentration was focused on the Czech legislation and legislative proposals, since the topics of open (digital) society, transparent politics and elements of direct democracy are being held as popular key words in the election struggles. The attempts of last three governments were heading almost to the same goals, showing that there is a need to adjust the processes of municipality bodies in terms of enabling citizens to participate and control easily the work of their representatives. These measures were meant to have the effect of decreasing the possibility of corruption at the municipal level. I have oriented on the following topics in comparing of the relevant legislations: the possibility of public to be present during sessions of municipal bodies; processes of preparation and invitations of citizens to these sessions and legal consequences in case the procedure would not be abided by; releasing of written and multimedia records of the...
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The institution of pre-contract liability in theory and practice
Kraus, Radek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Diese Arbeit behandelt das Thema "Rechtsinstitut der vorvertraglichen Haftung in Theorie und Praxis". Die ganze Arbeit ist in drei Teile gegliedert und zwar "Der Begriff der Vorvertraglichen Haftung", "Die Komparative Analyse der ausländischen Rechtsordnungen" und "Das tschechische Konzept der vorvertraglichen Haftung". Das Hauptziel dieser Arbeit ist, die praktischen Aspekte der vorvertraglichen Haftung zu beschreiben, was aber ohne ausreichende theoretische Grundlagen unmöglich ist. Die Doktrin culpa in contrahendo (Verschulden beim Vertragsabschluss) wird Rudolph von Jhering zugeschrieben, denn er hat im Jahre 1861 als erstes die charakteristischen Züge der vorvertraglichen Obligationen beschrieben. Der Autor ordnet in dem ersten Teil dieser Arbeit noch die vorvertragliche Haftung in das Rechtssystem ein. Die zum Teil von dem Autor entworfene Definition dient dann in dem zweiten und dritten Teil zu dem einfacheren Vergleich der Konzepte von vorvertraglicher Haftung in verschiedenen Rechtsordnungen. In dem zweiten Teil wird zuerst das deutsche Konzept der culpa in contrahendo beschrieben, wie es sich von R. von Jhering über die Schuldrechtsmodernisierung bis zum heutigen Tag entwickelt hat. Die Entwicklung der deutschen Auffassung der vorvertraglichen Haftung von der materiellen zur formalen...
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The Protection of Consumer in Travel Insurance
Rasochová, Jitka ; Horová, Olga (advisor) ; Herman, Petr (referee)
This Bachelor's Thesis deals deals with protection of consumer within the general protection of interested party in travel insurance, policy holders or insured person, in relation to their position in relationship with the insurance company. The work is divided into theoretical and practical part. The theoretical part explains the legislation protecting consumer rights, basic principles of insurance and description of the travel insurance. The aim of this Bachelor'sThesis is to analyze, wheter the legal requirements on the czech insurance market are able to protect the consumer. The practical part deals with the most frequent potential risks in insurance protection when traveling abroad by identifying problem areas, particularly controling the quality of distribution, providing information on insurance broker and clarity of policy conditions and dealing with complaints.
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Information duty of entrepreneur in connection to consumer protection
Karas, Ladislav ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
Consumer protection is one of the recent trends in the private law and goes nowadays through very dynamic development. Its driving force is especially the European law through directives of the European Parliament and the Council. The necessity of their transposition greatly influences our national law. The last change was an adoption of the Law no. 89/2012 Sb., the Civil Code. The aim of this thesis is to analyze the information duties of entrepreneurs which have been adopted to protect consumers. The thesis evaluates whether the given regulation does not burden disproportionately entrepreneurs on the one hand and provides an adequate protection for the consumers on the other hand. The thesis also deals with the consequences that may arise in particular cases for failure to comply with the information duties.
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Consumer protection in the credit
HRBKOVÁ, Vendula
This thesis is based on the bachelors thesis. It deals with current issues in the field of credit. This involves the history of this issue to the present and harmonization with EU law. It shows the situation after the amendment of the Act reporting obligations for loans provided to the penalties and sanctions. The theoretical part includes a barometer of credit to the 3rd quarter of 2013, and then figuring questionnaire consumer awareness and looking for possible recommendations and improvements to the current situation.
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Legal aspects of provision and protection informations in entrepreneurial activities
Švarc, Zbyněk ; Boháček, Martin (advisor) ; Koucká, Jiřina (referee) ; Vojčík, Peter (referee) ; Sabo, Mikuláš (referee)
Conscious and carefully planned decision making is a part of management containing planning, organization, operative management, motivation and control. All these components of management as well as their effective functioning are dependent on knowledge, data transfer and information processing and holding. If their acquisition is not or cannot be dependent on an activity of deciding subject itself (or dependent on an optional cooperation with other subjects) and data and information are essential and determinant in social point of view, then the third persons must be bound to provide them. A duty to provide such information must be set by legal rules. For purposes of this work, an information duty is specified as a legally binding duty of certain subject to provide information to another subject whose breach results in a rise of legal liability. Objects of this duty are data and information recognized by legal regulations as relevant for control and decision process. Subject of this work is a description and subsequent analysis of regulations of information duty in business relations in domestic legislation, especially information duty of entrepreneurs towards customers and consumers. Fighting this aim, contract basis of information duty is accentuated. The analysis of information duty is further coupled with characteristics of elementary legal tools how to protect the authors, providers and receivers of data and information, and also with the essential characteristics of public and private responsibility for breach of information duty.
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The protection of consumer's rights focusing on marking of products and services
Fryšová, Eva ; Boháček, Martin (advisor) ; Žák, Květoslav (referee)
The bachelor thesis deals with the protection of consumer's rights focusing on marking of products and services. The first part is characterized by essentials notions penetrating the whole work, by duties and rights of consumers and sellers and also by the legislative and the institutional framework of consumer protection in the Czech Republic according to marking of products and services. The substantial part is formed by analysis of trademarks. The practical part deals with sociologic research focused on finding of consumer awareness about their rights and knowledge of specific symbols. The purpose of the work was to identify level of knowledge of consumers in the Czech Republic by means of research and to propose reasonable solutions oriented to improvement of their awareness.
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