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The transfer of membership rights and obligations in cooperatives
Brostík, Ondřej ; Oehm, Jaroslav (advisor) ; Štenglová, Ivanka (referee)
The Transfer of Membership Rights and Obligations in Cooperatives The aim of the thesis is to analyse legal relations arising from the transfer of membership rights and obligations in cooperatives. I chose this topic, because Czech legal regulations of the transfer are very often ambiguous and inaccurate. In the thesis I have summed up the current Czech legislation, pointed out some practical problems and tried to solve them. The thesis is composed of three chapters, each of them dealing with different aspects of the subject to be analyzed. The first chapter defines general terminology concerning the transfer of membership rights and obligations in cooperatives. I have tried to explain the different terms used in the Czech Commercial Code and to describe their mutual relations. Chapter two focuses on detailed description of the transfer in all types of cooperatives in the Czech Republic. The first part of this chapter describes the legislative evolution of the transfer as a legal institute. Next parts of this chapter investigate the contract of transfer and its constituent elements. To reach the self-contained description, the final part describes how by-laws of the cooperatives deal with this juridical institute. Chapter three concentrates on chosen topics referring to the transfer of membership...
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Transfer of Rights and Responsibilities in Cooperatives
Bolfová, Petra ; Oehm, Jaroslav (advisor) ; Štenglová, Ivanka (referee)
The goal of this thesis is to evaluate and analyse legislation of membership rights and responsibilities transfer in cooperatives in Czech Republic. The legislation of this institution is quite austere and ambiguous leading to various problems in practice. This thesis is divided into five parts. The first part defines main sources of legislation on which current cooperatives are based on. The second part defines basic concepts of cooperative law, e.g. a cooperative, membership, membership share, membership rights and responsibilities and their relations. This part presents cooperative principles and outlines basic structure of each type of cooperative. The third one is the main part of the thesis and deals with legislation of membership rights transfer and responsibilities in general. It contains analysis of the specifics of membership rights and responsibilities among cooperative members and transfer between a cooperative member and a third person - a non-member. In addition, peculiarities of membership transfer in housing cooperatives are discussed. The next chapters focus in detail on legislation applied to the rights and responsibilities agreement, its content formalities, characteristics of the parties, issues of (non)corruption and its form. The fourth part contains a detailed explanation of...
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