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Rights to sign in Czech positive law
Macháčková, Jana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
and keywords The purpose of the thesis is to analyse the legal regulation and the system of registration of rights to signs, which are most commonly used on national as well as international markets, i.e. rights to a trademark, appellation of origin and a geographical indication. The aim of this thesis therefore includs definition of the registration system of the mentioned rights to sign with reference to their specifications, the registration ability conditions (taking into consideration the decision practise of the Industrial Property Office), as well as the different character of protection of their owners. Significant attention is also paid to the system of legal protection of the rights to sign with respect to the fact, that there exists the national, international and Communitary system of protection of these rights. The beginning of the thesis describes the structure of rights to sign, the corresponding specification of concept of intellectual and industrial property rights and it characterises the subject of industrial property rights with respect to the legal regulation, the conception of legal protection of industrial property rights and conditions of grant of protection. The introductory text deals with the general exposition to rights to sign and mainly to historical circumstances of...
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Protection of rights in life insurance
Tučková, Tereza ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Protection of rights in life insurance Abstract The subject of this rigorous thesis is the protection of rights in life insurance. The main reason for choosing this topic is the fact that completing my master's degree program in law, I have entered the private sphere as a corporate lawyer of an international insurance company and in this position I am active, althought with another international insurance company, still today. In my position, among other things, I represent the insurance company in private disputes with the insured persons, typically on the payment of insurance benefits (claims). I also represent the insurance company during the public hearing efore the Czech NAtional Bank and, last but not least, in my agenda is the representation of the insurance company in the proceedings with the clients efore the Financial Arbiter. During my practice, I met all the possibilities and apsects of protection of rights in life insurance and I realized chat all the clients of an insurance company have to knowabout thein position in such a procedure and that there is an imbalance in information between the contractual parties and which information each contracting party possesses. I have divided my thesis into six main chapters. In the first chapter I describe the institute of insurance and insurance policy,...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Summary The public administration itself is bound by applicable laws rules. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strictly legal procedure with corresponding legal mechanisms, which aim to remedy of status cause by unlawfull action or inaction of the public administration. Moreover, if conditions laid down by European Convention on the Protection of Human Rights and Fundamental Freedoms are met, an individual has a right to apply to the European Court of Human Rights (Strasbourg) for a revision of a challenged act of public administration, which is considered to be as a final and conclusive from the point of view of national law. The object of this Thesis focuses, in particular, on analysis of individual means of protection of rights in public administration and their mutual relationships between them at level of legal regulation de lege ferenda. Also, it cannot be disregarded the assessment of effect of courts' decisions or doctrine, including stating own knowledge based on the practice particularly in the area of administrative law. The Thesis focuses on the issue of the protection of individual public rights. As a consequence, legal means designed to provide protection of law in objective sense (that is...
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Rights to sign in Czech positive law
Macháčková, Jana ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
and keywords The purpose of the thesis is to analyse the legal regulation and the system of registration of rights to signs, which are most commonly used on national as well as international markets, i.e. rights to a trademark, appellation of origin and a geographical indication. The aim of this thesis therefore includs definition of the registration system of the mentioned rights to sign with reference to their specifications, the registration ability conditions (taking into consideration the decision practise of the Industrial Property Office), as well as the different character of protection of their owners. Significant attention is also paid to the system of legal protection of the rights to sign with respect to the fact, that there exists the national, international and Communitary system of protection of these rights. The beginning of the thesis describes the structure of rights to sign, the corresponding specification of concept of intellectual and industrial property rights and it characterises the subject of industrial property rights with respect to the legal regulation, the conception of legal protection of industrial property rights and conditions of grant of protection. The introductory text deals with the general exposition to rights to sign and mainly to historical circumstances of...
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Protecting the Rights of Third Parties in Enforcement Proceedings
Lackovský, Petr ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The thesis contains a historical overview of the origin and development institute of protection of the rights of third parties in enforcement proceedings. In this section, the focus is on the period of the Roman Empire and then follows the development from the 19th century untiltoday. The fundamental part of the work focuses on the description of the current state of enforcement proceedings under the Act no. 120/2001 Coll. The Executors and Execution, his status in the legal order of the Czech Republic, the basic principles of management and everything in relation to the protection of the rights of third parties in enforcement proceedings. Distributes third party to various groups and describes their rights and obligations under the legislation. It focuses on the means of protection and defense. In conclusion provides an overview of the most important novels enforceable rights in relation.
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Analysis on Debt Collection Effectiveness
Nosková, Veronika ; Šíma, Josef (advisor) ; Koblovský, Petr (referee)
This thesis deals with performance of law protection function and a subsequent recoverability in the field of debt collection. The subject of this work is to compare debt collection effectiveness via judicial proceedings and private entities. Exercise of judicial power is one of the basic functions of the State; however, given the knowledge of the low success of the recovery procedure, it is extended to alternative methods of dispute resolution. Private executors focusing on exercising judicial power, debt collection agencies dealing primarily with extrajudicial debt collection and arbitration facilitating extrajudicial dispute resolution by means of independent arbitrators all provide other means of law enforcement. This work focuses on and analysis of the above mentioned systems and comparison of their effectiveness with regard to their efficiency and success when attempting to protect creditors' rights. The aim of the mentioned comparison is to prove a debt collection efficiency increase caused by an entry of private entities into the market (alternative ways of dispute resolution).
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Offer of the health and social services for the persons suffering from Alzheimer's disease.
SAMCOVÁ, Pavlína
This thesis deals with mapping the offer of health-social services to people suffering from Alzheimer{\crq}s disease. Alzheimer{\crq}s disease is a disorder of higher age. Occurrence of the disease increases together with population ageing. The theoretical part of the thesis is aimed at the disease characteristics, care of clients, communication, advisory activities, communication and activation supporting methods for people suffering from Alzheimer{\crq}s disease. It also deals with the issues of protection of rights, limiting means and ability to perform legal acts. The aim of the thesis was to find out how health-social services to people suffering from Alzheimer{\crq}s disease are fulfilled from the point of view of the staff working with this group of people. The research was performed at Home for Seniors Máj p.o. and Prácheňské sanatorium o.p.s. {--} Loucký mlýn. Qualitative research strategy and the questioning method of semi structured interview technique were used for data collection. The thesis aim was fulfilled within the responses of the staff to partial research questions. The thesis may be utilized as a source of information for the general public as well as professionals about the offer of health-social services to people suffering from Alzheimer{\crq}s disease.
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Case study - Separation of a matrimony and its terms
Švejnoha, Jan ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
The topic of my work is the separation of a matrimony, its influence over property relations and common relationships in the family. I will analyse a real case of a divorcing couple with two children and I will apply appropriate laws to variou situations. Every application of law compares the real status with the theory based on the law. The last part of this work evaluates the work of courts and the police and presents some amendments.
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