|
| |
|
|
The Leniency programme in cartel law and its consequences in practice
Kolářová, Tereza ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The final thesis deals with the Leniency programme, as one of the most important instrument of the Office for the Protection of Competition and the European Commission for detecting of cartel agreements. The aim of the thesis is to analyze regulation of the Leniency programme in the Czech Republic, from the practical point of view find out how participants of cartel agreements use the programme and whether it is effective from the view of the Office for the Protection of Competition. The thesis should also involve formation and development of the programme and how it is influenced by European law. The thesis is divided into 4 parts. The first part deals with cartel agreements. The second part focuses on cartel law enforcement which is divided in term of law regulation into public and private enforcement. The third part is the core of the theoretical part of the thesis, it presents in detail the regulation of the Leniency programme within the European Union and in the Czech Republic, there are problems of the program and their possible solutions outlined as well. The fourth part concerns the practical point of view of the Leniency programme, its harmonization among the member states of the European Union and its application in the Czech Republic in decisions of the Office for the Protection of Competition.
|
|
|
Liability for damage in business law
Bohdanová, Alena ; Švarc, Zbyněk (advisor) ; Žák, Květoslav (referee)
The bachelor thesis deals with liability for damage in business law. The first chapter is dedicated to legal liability and its types. The second chapter is about history of the liability for damage. The third chapter is about the liability for damage in business law itself and the last part is dedicated to aplication of the theory into the real praxis.
|
|
|
Contractual penalty – the frequent type of security
Šedová, Klára ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Contractual penalty is an effective and in practice often used type of security. However, we cannot consider the Czech legal regulation of the contractual penalty as ideal and there have been many difficulties connected with the application of this instrument. The thesis aims at clarification of the functions of contractual penalty, conditions for its valid and effective creation and consequences of the excessive sum of contractual penalty. Furthermore, the thesis focuses on the relation between contractual penalty and other legal instruments and finally also on comparison with other types of security. Main legal sources of the final thesis are court decisions, especially judgments of the Supreme Court of the Czech Republic. In the thesis there are used methods of historical and comparative interpretation.
|
|
|
Employee’s liability for damages
Horová, Kateřina ; Soušková, Milena (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with a liability for damages in Labour law, especially with a part where an employee is liable to his employer. The main part of the thesis includes explanation of liability according to the Labour Code. This part contains both general and specific legal regulations. The following part is practical and involves examples of judicial decisions and solutions used by companies in cases of liability. Pursuant to these decisions there is an assessment of legal regulation at the end of the thesis.
|
|
|
Compensation for damage as an instrument for solution of damages in case of floods
Sztuková, Karolína ; Slavíková, Lenka (advisor) ; Vejchodská, Eliška (referee)
Floods in The Czech Republic more often damage private property. Majority of such damages is caused by water stream itself. There are also situations, where damages are caused in case of dereliction, infringement or violation of statutory duty. The Czech legislature defines legal instrument - Compensation for Damage. This work examines how this instrument is used in cases of flood damages, where someone is guilty. We examine legal (court) processes for Compensation for Damage by an application of IAD Framework and Stakeholder Analysis. Results are as follows. The examined legal instrument is seldom used. In the conclusion there are discussed possible grounds of these research results and steps/provision for more frequent application of Compensation for Damage in consequence of floods.
|
|
|
A Victim of a Crime and His/Her Right to a Standard Life in our Present-Day Society
PŘIBYL, Pavel
The presented Bachelor?s thesis pays particular attention to the victim of a crime and his/her status in the Czech Republic system of law. The thesis deals with approaches and attitudes of bodies responsible for penal proceedings and other subjects concerned. The thesis goes into details about the value of human life from the victim?s point of view, the assessment of a particular financial damage caused by the victim?s death or permanent health injury in confrontation with the value of human life as stipulated by law, the inner feelings of the victim of a crime (both from the point of view of the perception of the direct act of the crime and the post-traumatic state, as well as the possibility of becoming involved in an ordinary way of life), the changes in family relations resulting from the lingering consequences of the crime and the pathological changes in the victim?s psyche related to the change of his/her state of health. The thesis also contains a coherent view of the procedures of bodies responsible for penal proceedings starting from the primary notice of a commission of a crime up to the legal proceedings and a compensation of the damage caused by the perpetration of the crime.
|
|
|
General liability
KOHOUTOVÁ, Hana
The Bachelor thesis is focused on General liability, which is extended to the issue of liability of the town Písek due to injuries of citizens of the town incurred on the roads in winter period 2009/2010. The target of the first part of this work, a theoretical part, is to provide a comprehensive overview of the topic, which is complemented by a comparison of selected insurance products. The second, practical part, highlights to low awareness of citizens regarding the evidence of resulting the injury and a relatively low number of people in Písek, who suffered a loss and have received compensation to date. The contribution of the thesis is a detailed development work and consideration of the situation which arose in Písek in winter.
|
|
|
Odpovědnost za škodu v obchodním právu
Podojilová, Petra ; Kalinová, Miluše (advisor) ; Koucká, Jiřina (referee)
The bachelor thesis deals with problems of the liability for damage in the commercial law. The main aim of this thesis is to provide well-arranged and consistent information about the liability for damage in the Czech commercial law. At the beginning there is the definition of the liability and in the following part there is the explanation of the liability for damage according to the Civil Code and Commercial Code. This part of the thesis includes both the general and the special legal regulations.The practical part of the thesis includes three judical decisions. These decisions help to understand how courts work and adjudicate in practice.
|
|
|
The comparison of legal provisions setting down monetary remedies in intellectual property infringement cases
Sedláček, Václav ; Boháček, Martin (advisor) ; Macek, Jiří (referee)
The thesis deals with monetary remedies in intellectual property infringement suits, focusing on industrial property rights. On the background of enacting of the czech Act number 221/2006 Sb. which implements the directive 2004/48/EC of the European parliament and of the Council, the thesis compares these two texts with each other and also with the proposal for the directive KOM(2003) 46 final in their relevant parts. By doing this, it evaluates the directive and the czech act as the directive's implementation. This evaluation represents the secondary aims of the thesis. Comparison, analysis of factual articles and interviews with relevant experts practicising in the area show that by setting the damages as double the "customary" royalties, the czech Act in his § 5 ods. 2 represents a sanction, which confirms the hypothesis of the prevailance of an analogy between the czech provison and the punitive damages in american law. This fact creates scope for the hypothesis of existance of further analogies, the verification of which is the central aim of the thesis. Therefore, the second part of the thesis analyzes american provisions of the United States Code concerning copyright, trademark and patent law, and related caselaw. This is compared both to the directive and the proposal for it, moreover to the czech copyright Act number 121/2000 Sb. and in particular to the czech Act number 221/2006 Sb. The third part supplements the analysis of relevant czech court decisions. The second and third part identify similar and distinct elements of the provisions and reveal analogies in seemingly different institutes. Differences are spotted in the construct used to achieve the punitive function, furthermore between the terms "customary royalty" and "reasonable royalty" and also between the terms "bezdôvodné obohatenie", "infringer's profits" and "unjust enrichment". Conversely, an analogy is identified between the discretionary power of american courts to increase proven damages or determine statutory damages and the czech institute of "primerané zadosťučinenie" (appropriate satisfaction). The prevailance of prohibition of double recovery is another existing analogy between the american and czech law.
|
guest ::
