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Withdrawal from a contrant in business relations (consequences)
Vacek, Jan ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Withdrawal from contract in business relations (consequences) Summary Withdrawal from a contract i the instute available to parties that find a contract to be unsound or damaging and that seek to be released from their contractual obligations. The conditions under which a party has the right to withdraw from a contract can be set out in the contract itself, but if the contract does not make specific provision for this then a right to withdrawal may be mandated by law. Following a party's withdrawal from a contract, both (or all) parties will find themselves in a new situation with new mutual rights and obligations. This paper focuses on the regulations governing the consequences of withdrawal from a contract as set out in the Czech Commercial Code. A major aspect of this is an analysis of the theoretical conception of withdrawal ex nunc (one of the most important legal concepts distinguishing current commercial regulations from the regulations set out in the General Civil Code). This paper examines the obligations that end with contract withdrawal, the obligations that survive and outlast the termination of a contract, and the new obligations that bind and affect the parties to the contract once the contract has been terminated by withdrawal. In these contexts, the fate of hedging instruments (such as...
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The role of the Third parties in International Commercial Arbitration
Šedivý, Martin ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The role of the Third parties in International Commercial Arbitration This thesis precisely define the concept of third parties in the field of International Commercial Arbitration as well as the definition of the term itself. According to the author of this thesis, third parties are the key for the process of transformation of the contractual approach in an International Commercial Arbitration in the reaction on the economic reality. This work is based on analyses of laws, comments, literature, academic articles, arbitration awards and case law. This text was created using experiences from an international commerce and transforms actual theoretical contractual approach of the International Commercial Arbitration. Contribution of this thesis lies in completion of knowledges from decision making process and creation of a brand new theoretical concept of International Commercial Arbitration and capture the shift in view of consent to arbitrate. This theory further reflects actual state of the decision making process and the needs of an International Commerce. Using this approach entitles author's theory for the practical use as a model for decision making process of arbitrators and for judges of national courts with regard to recognition and enforcement of the arbitral awards. Thesis is divided into...
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Legal regulation of unfair competition in English and Czech law
Janhuba, Martin ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Resumé v anglickém jazyce This thesis is focused on the legal regulation of unfair competition, unfair commercial practices and on the misleading and unlawful comparative advertisement. The legal regulation was a subject of the major changes under the influence of European union's regulation. The thesis' aim is to analyse and describe the regulation, bring it closer and by using of the partial comparisons contemplate it with the Czech legal arrangements. The structure of the thesis is divided into the introduction, three consecutive chapters and final summary. The introduction chapter is mainly focused on the European's legal regulation version of Unfair Commercial Practices Directive and Misleading and Comparative Advertising Directive. Chapter is focused on consumer protection in English legal regulation prior to implementing of the new European law and further to the form of such implementing and harmonisation. Thesis' task to interpret the main legal regulations' fundamental alterations, which acts as starting basis for the part as follows. The crucial part is listed in the second part, which is divided into the two subchapters. The subchapters follows the directives legal regulation structure. The more extensive subchapter deals with the unfair commercial practices and its task is to interpret the...
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International commercial arbitration
Kyselová, Tereza ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The purpose of my thesis is to analyse one of the most used type of extrajudicial procedures, the International commercial arbitration. The reason for my research is the progress and elevation of use of the arbitration and not only on international field. The thesis is composed of six chapters, each of them dealing with different aspects of Arbitration. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes international arbitration and domestic arbitration and explains differences between them. Part Two deals with the question of arbitrability in Czech Republic and in different countries. Chapter Two is subdivided into five parts and provides an outline of permanent court of arbitration. Part One illustrates the approach to Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. Part Two looks at Court attached to International Chamber of Commerce in Paris. Part Three describes International court attached to Vienna International Arbitration Centre. Part Four looks at Slovak arbitration court in Bratislava and the last part deals with the oldest arbitration court, The London Court of International Arbitration. Chapter Three examines relevant Czech and...
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Withdrawal from a contrant in business relations (consequences)
Vacek, Jan ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Withdrawal from contract in business relations (consequences) Summary Withdrawal from a contract i the instute available to parties that find a contract to be unsound or damaging and that seek to be released from their contractual obligations. The conditions under which a party has the right to withdraw from a contract can be set out in the contract itself, but if the contract does not make specific provision for this then a right to withdrawal may be mandated by law. Following a party's withdrawal from a contract, both (or all) parties will find themselves in a new situation with new mutual rights and obligations. This paper focuses on the regulations governing the consequences of withdrawal from a contract as set out in the Czech Commercial Code. A major aspect of this is an analysis of the theoretical conception of withdrawal ex nunc (one of the most important legal concepts distinguishing current commercial regulations from the regulations set out in the General Civil Code). This paper examines the obligations that end with contract withdrawal, the obligations that survive and outlast the termination of a contract, and the new obligations that bind and affect the parties to the contract once the contract has been terminated by withdrawal. In these contexts, the fate of hedging instruments (such as...
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Business project start-up companies
Polomarchuk, Denys ; Tyll, Ladislav (advisor) ; Svobodová, Ivana (referee)
The aim of the Bachelor's Thesis is to create a business project of the start up company, hotels PDM. In this Thesis, I considered the theoretical and methodological foundations of business planning and identified the content and structure of a business plan; analysed the market of hotel services in Russia including the features of creating a hotel from the very outset; collected characteristics of the hotels in terms of comfort and function; created business plan of hotel development, calculated the necessary economic and financial activities for this project, and also highlighted ways of improving the effectiveness of hotel management in the current economic and financial conditions
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Trade Policy of Brazil
Kučírek, Josef ; Gullová, Soňa (advisor) ; Klosová, Anna (referee)
The thesis examines the trade policy of Brazil and its impact on the international position and trade of the country. Despite having come to the fore of interest of the whole world, both political and business, there are still numerous areas to be improved. The thesis evaluates trade policy tools used by the country to promote exports and limit imports, integration efforts in the region and in the world, and the effects of particular government provisions on the reality of the trade relations and results. The analysis points out structural and systemic failures together with deliberate barriers, such as high level of bureaucracy or complicated tax system. Although Brazil promotes free trade, its trade policy proved to be highly anti-import.
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