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Representation in civil proceedings
Kodetová, Kristýna ; Frintová, Dita (advisor) ; Dvořák, Bohumil (referee)
Representation in civil proceedings Abstract The thesis deals with legal regulation of representation in civil proceedings. The text analyses this traditional legal construct, evaluates legal regulation currently in effect as well as legal regulation indicated in the new Civil Procedure Code proposal, and presents de lege ferenda proposals. The thesis begins with an introduction, in five chapters it deals with general questions related to representation, representation based on Act, representation based on the power of attorney, representation on the basis of the court decision, obligatory representation by an attorney, and ends with a conclusion. The chapter on general questions related to representation covers the meaning of representation, providing evidence of the right to represent a party to proceedings and conflict of interests. The chapter on representation based on Act is divided into two sub-chapters: representation based on Act in order to remedy a lack of procedural conditions and representation based on Act in order to protect a party to proceedings. Thoughts on the definition of capacity to take part in proceedings are included in this chapter. The chapter on representation based on the power of attorney outlines analysis of the right to choose a representative, the power of attorney as...
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Application of administrative proceedings in private and public nursery and primary schools
Lukešová, Iveta ; Kitzberger, Jindřich (advisor) ; Trojan, Václav (referee)
The thesis deals with the issue of administrative law in reflection of the new Education Act and court judgments in recent years, according to which the administrative procedure should apply in all schools and beyond complete list of cases referred to in the Education Act. The topic concerns the implementation of rights of children and students in public and private schools. Diploma thesis brings brief analysis of the development of public administration in education from 1990 to present with a focus on specific role of the school principal in the state administration. The thesis describes problematic areas in headmaster's decision about rights and duties of children and pupils especially in the application of Law no. 89/2012 Coll., the Civil code and the Law no. 258/2000 coll., on protection of public health and amending some related laws as subsequently amended. Diploma thesis provides a summary of the basic principles in the director's decision in state administration and headmaster's insight on the issue of administrative proceedings in nursery and primary schools.
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Liability of members of governing bodies of juristic persons
Novotná Krtoušová, Lucie ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee) ; Havel, Bohumil (referee)
Liability of members of governing bodies of juristic persons Mgr. Lucie Novotná Krtoušová Abstract The aim of the presented doctoral thesis entitled "Theoretical Concept of Liability of Members of the Governing Bodies of Juristic Persons" is to determine what requirements can be placed on natural persons who act as members of the governing bodies of juristic persons, and to specify the substance of due managerial care as a legal basis for potential liability. The Civil Code lays down the duty of a governing body member to act with due managerial care in the discharge of his/her office in its general part; the relevant provisions thus apply to members of the governing bodies of all juristic persons under both private and public law, provided that this is compatible with their legal nature. Compliance with the duty of due managerial care - in cases where the governing body members act as representatives of the juristic person - is the decisive criterion for determining whether or not they will be liable to the juristic person for any damage caused in the discharge of their office. However, it is questionable whether this is a case of fault-based liability for breach of a legal duty or strict liability for breach of a contractual obligation. The question of whether we will conceive liability of members of...
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School management from the perspective of parents
Homola, David ; Kitzberger, Jindřich (advisor) ; Urbanová, Eva (referee)
The bachelor thesis "Primary school management from the perspective of parents" deals with current parents' attitude and their criteria for assessment of primary school management and its functioning. This bachelor thesis predominantly focuses from the parents' point of view on assessment in the field of school functions, pedagogical process, communication and cooperation between the parent and the school. The theoretical part of the thesis brings a description of the history of primary education, the current primary school, its function and pedagogical process, the forms of current family and types of families and parents. Next there are briefly defined rights and obligations of the parents toward the primary school, communication between the parent and the school and mutual cooperation. The theoretical background is based on expert publications, articles and significant studies. The practical part focuses on quantitative research in particular with the use of questionnaire survey applied on parents of children from primary schools established by the town of Most. The results are interpreted with the use of graphs and tables with average scores. By means of this there are analysed attitudes and assessment of the parents of the children from Most primary schools in the field of school functions,...
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Liability of members of governing bodies of juristic persons
Novotná Krtoušová, Lucie ; Tryzna, Jan (referee)
Liability of members of governing bodies of juristic persons Mgr. Lucie Novotná Krtoušová Abstract The aim of the presented doctoral thesis entitled "Theoretical Concept of Liability of Members of the Governing Bodies of Juristic Persons" is to determine what requirements can be placed on natural persons who act as members of the governing bodies of juristic persons, and to specify the substance of due managerial care as a legal basis for potential liability. The Civil Code lays down the duty of a governing body member to act with due managerial care in the discharge of his/her office in its general part; the relevant provisions thus apply to members of the governing bodies of all juristic persons under both private and public law, provided that this is compatible with their legal nature. Compliance with the duty of due managerial care - in cases where the governing body members act as representatives of the juristic person - is the decisive criterion for determining whether or not they will be liable to the juristic person for any damage caused in the discharge of their office. However, it is questionable whether this is a case of fault-based liability for breach of a legal duty or strict liability for breach of a contractual obligation. The question of whether we will conceive liability of members of...
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Liability of members of governing bodies of juristic persons
Novotná Krtoušová, Lucie ; Tryzna, Jan (referee)
Liability of members of governing bodies of juristic persons Mgr. Lucie Novotná Krtoušová Abstract The aim of the presented doctoral thesis entitled "Theoretical Concept of Liability of Members of the Governing Bodies of Juristic Persons" is to determine what requirements can be placed on natural persons who act as members of the governing bodies of juristic persons, and to specify the substance of due managerial care as a legal basis for potential liability. The Civil Code lays down the duty of a governing body member to act with due managerial care in the discharge of his/her office in its general part; the relevant provisions thus apply to members of the governing bodies of all juristic persons under both private and public law, provided that this is compatible with their legal nature. Compliance with the duty of due managerial care - in cases where the governing body members act as representatives of the juristic person - is the decisive criterion for determining whether or not they will be liable to the juristic person for any damage caused in the discharge of their office. However, it is questionable whether this is a case of fault-based liability for breach of a legal duty or strict liability for breach of a contractual obligation. The question of whether we will conceive liability of members of...
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Liability of members of governing bodies of juristic persons
Novotná Krtoušová, Lucie ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee) ; Havel, Bohumil (referee)
Liability of members of governing bodies of juristic persons Mgr. Lucie Novotná Krtoušová Abstract The aim of the presented doctoral thesis entitled "Theoretical Concept of Liability of Members of the Governing Bodies of Juristic Persons" is to determine what requirements can be placed on natural persons who act as members of the governing bodies of juristic persons, and to specify the substance of due managerial care as a legal basis for potential liability. The Civil Code lays down the duty of a governing body member to act with due managerial care in the discharge of his/her office in its general part; the relevant provisions thus apply to members of the governing bodies of all juristic persons under both private and public law, provided that this is compatible with their legal nature. Compliance with the duty of due managerial care - in cases where the governing body members act as representatives of the juristic person - is the decisive criterion for determining whether or not they will be liable to the juristic person for any damage caused in the discharge of their office. However, it is questionable whether this is a case of fault-based liability for breach of a legal duty or strict liability for breach of a contractual obligation. The question of whether we will conceive liability of members of...
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Application of administrative proceedings in private and public nursery and primary schools
Lukešová, Iveta ; Kitzberger, Jindřich (advisor) ; Trojan, Václav (referee)
The thesis deals with the issue of administrative law in reflection of the new Education Act and court judgments in recent years, according to which the administrative procedure should apply in all schools and beyond complete list of cases referred to in the Education Act. The topic concerns the implementation of rights of children and students in public and private schools. Diploma thesis brings brief analysis of the development of public administration in education from 1990 to present with a focus on specific role of the school principal in the state administration. The thesis describes problematic areas in headmaster's decision about rights and duties of children and pupils especially in the application of Law no. 89/2012 Coll., the Civil code and the Law no. 258/2000 coll., on protection of public health and amending some related laws as subsequently amended. Diploma thesis provides a summary of the basic principles in the director's decision in state administration and headmaster's insight on the issue of administrative proceedings in nursery and primary schools.
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