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Interim Measures regarding Unfair Competition
Duba, Jiří ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
This thesis is concerned with Interim Measures regarding Unfair Competition and is divided into two main areas describing relevant legislation. The first area is conceived as an assessment of procedural law mainly included in Act no. 99/1963 Coll., Civil Procedure Act, as amended (hereinafter referred to as "Civil Procedure Act"), whereas the second area is conceived as an assessment of substantive law represented by Act no. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), which contains provisions of unfair competition. At the beginning, the general conditions of proceedings are described. The general conditions consist of frequently discussed terms lis pendens and res iudicata. This is followed by specific conditions applicable to interim measures represented among others by the duty of depositing a security which is imposed on petitioners. The following part, which is significant for the scope of this work, places an emphasis on the most important institutes of interim measures. It elaborates on the term to "prove" and "evince" certain facts as an assumption for interim measure issuance, on wording of a claim statement as well as on the material legitimization in the matters of unfair competition. Likewise, types of court decisions, the cancellation and termination of interim...
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