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Financial insolvency of the firm and methods of solution to this problem
Kinclová, Klára ; MBA, Vlastimil Kučera, (referee) ; Rais, Karel (advisor)
Master’s thesis "Financial insolvency of the firm and methods of solution to this problem" deals with management of receivables. The first part describes tools which can be used for the management of receivables after maturity or prevention before this type of receivables. In the second part the work is focused on management of receivables in the company. In this section the current status of this area in the company is summarized and more types of debt collection are proposed. Finally, ideas for improvement of management of receivables are suggested, e.g. in the area of client communication by sales representatives. Recommendations are also made for tools usage, e.g. sale of bad debts of transfer of risk to other subject.
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The application of legal standards in materials engineering
Večeřa, Petr ; Pantělejev, Libor (referee) ; Pavloušková, Zina (advisor)
The thesis describes points where the basic universal prescriptive system of law interferes with the questions of materials engineering. The main part of the thesis concerns legal liabilities, mainly civil liability represented with liability for defects. Basic analysis of chosen topics concerning liability for defects is done, defects are divided into groups as far as both technical and legal point of view is concerned. Consequently, the most common methods, principles and tests used for recognition and assessment of materials characteristics, both destructive and non-destructive, are described. Chapter, which deals with degradation processes follows. Integral part of the thesis are thoughts of possible types of legal liabilities, which could be important for materials engineers, with basic recommendations for contracting, as well as chosen problems connected with judicial proceedings and out of court settling of disputes. Technical standards are described with high attention, because both technical and legal public is not familiar with the legal background of technical normalisation.
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Gnoseological implications of law application
Kallai, Vojtěch ; Tryzna, Jan (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This diploma thesis Gnoseological implication of law application inquires the epistemology of judicial decisions, known as proving. The work does not confine itself to mere law rules of proving before the court; rather it focuses on the comprehensive theory of the judicial cognition, which dwells in the proving law basis is not always clearly defined. These basis or axioms of law epistemology are to be exploited and clarified by our paper. Except the introduction and the final conclusion, the analyses are divided into four chapters. The chapter Prolegomena k teorii poznání explores the general cognition philosophy with references to the critical reflection of the (both empirical and rational) cognitional possibilities. It is supposed to be a source of the scrutiny of the special judicial cognition. The following chapter Specifika poznávání v právu uses the descriptive method to study the main characteristics of the specific judicial cognition as long as they differ from the characteristics of the general cognition. The comparison of the theoretical and real law approach is also given a consideration. The chapter Pragmatická doktrína is trying to provide integration as well as a generalization of the previous discoveries and in the conclusion it aims to provide clear and explicit gnoseological theory...
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Application of a securing promissory note in judicial proceedings in the light of recent case law
Svobodová, Karolina ; Zahradníčková, Marie (advisor) ; Elek, Štefan (referee)
AABSTRACTBSTRACT The aim of this thesis is to provide a comprehensive view on the issue of promissory notes as a guarantee in legal relations. It is supposed to serve both the debtor in building up his defense and the creditor in the evaluation of the risks he may face during the application of his promissory note. Apart from reference books and legislation, the main source used is the analysis of the case law and its contribution to the topic. This thesis is divided into four chapters. General issues are the theme of the first chapter with the focus on the signature and necessary entries on the note. Then the core of the hedge bill is questioned, concerning especially the nature of the securing contract, which is the reason of the guarantee function of the note and consequences associated with the transfer of the note. The second chapter is focused on the bilateral rights and obligations connected with the note and its secured claim, the risk of abuse of negotiable instruments and also the admissibility of causal objections in the case of the endorsement. Following that, suggestions of the possible defense against the abuse are proposed. The third chapter is devoted to procedural issues and the specifics of the procedure in this matter. The payment order is then discussed as well as the nature of the...
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Set-off Defence
Vaněk, Martin ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
63 Set-off Defence Abstract The thesis deals with set-off from the point of view of procedural law and using the method of functional interpretation of law, strives to provide answers to questions that appear in the court proceedings in connection with its use. It builds on theorists who dealt with the issue of inducing an effect of set-off in the proceedings in the late 20th century, but also takes into account the findings of current academic community and presents the judicial conclusions reached by (not only Czech) courts. The thesis is divided into 4 chapters. The first chapter briefly deals with the substantive legislation of set-off (especially the requirements laid down for the receivables that are to be set-off, and cases where set-off is prohibited by law). A declaration of set-off as a substantive act may be decisive in assessing the admissibility of set-off in proceedings. The second chapter describes the origin of set-off in ancient Rome and the different concepts of set-off in current legal codifications, which is the result of inconsistent interpretation and reception of this institute by medieval scholars. This is reflected by Czech legal science in existence of civilian and procedural theory of offsetting. In the third chapter, the thesis deals with purely procedural aspects of set-off. The...
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Rozhodčí řízení v managementu obchodní činnosti
Očenášková, Martina
The bachelor thesis deals with the issue of arbitration, as one of the alternative dispute resolutions of business disputes in business activities. The first part explains the theoretical basics of the arbitration proceedings, its legal arrangement and the features to compare the arbitration procedure with the court proceedings. Theoretical knowledge is applied in real cases. This gives the reader an insight into the comparison of the alternatives and the crisis situations at all. These situations represent business disputes for each business entity. Recommendations for business management in business practice are developed based on an analysis and assessed of examples from practice.
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Case law influence on Czech national and international arbitration proceedings
Sedloňová, Věra ; Růžička, Květoslav (advisor) ; Müller, Milan (referee) ; Poláček, Bohumil (referee)
Case law influence on Czech national and international arbitration Proceedings Abstract Arbitration proceedings represent, besides civil judicial procedures, one of the methods for solution of material disputes in private-law relations. Arbitration proceedings have been used for quite a long time. In our territory they were used already under the rule of Charles IV. For example, Jakub Krčín and Štěpánek Netolický, who were well-known artificial lake engineers, belonged among highly appreciated arbitrators. Significant development of arbitration proceedings was registered after 1949, when the Steady Arbitration Court was established at the Czechoslovak Chamber of Commerce in May 1949 and exists up to now under the name "Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic". Legal regulation of arbitration proceedings was undergoing various changes. A principal change occurred in 1964, when the Act no. 98/1963 Coll., on arbitration proceedings in international trade and on enforcement of arbitration awards entered into force, admitting arbitration proceedings only in international trade relations and only for legal entities, at that time foreign trade enterprises. Another principal change then occurred as at 1 January 2015, the effective date of the...
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Costs of civil trial proceedings
Konůpková, Simona ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The thesis focuses on the costs of civil trial proceedings. The topic of the thesis is up to date and very important. My objective is to provide a description of the current legal regulations of costs of civil trial proceedings with a focus on problems in practise. This thesis refers to many actual case laws. I also used my own experiences gained at the law firm as well as at the court where I worked for more than 3 years. The thesis is aimed onto 2 main parts - existing legal regulation and future legal regulation. The first part is devided into 8 chapters that explain in detail the provision from 137 to 151 of Civil Procedure Code (Act no. 99/1963 Coll.) and others important legislation. The first chapter explains the concept of the costs of civil trial proceedings. The second chapter describes the individual types of costs. The list of the costs is illustrated and consists of expenditures of participants and their representatives, including court fees, lost earnings of participant and their legal representatives, costs of evidence, interpretation costs, compensation for value addes tax, representation fees and mediator's remuneration. The third chapter deals with the exemption from court fees. This is the way how parties can apply their right to acces the court. The next chapter explains the...
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Financial insolvency of the firm and methods of solution to this problem
Kinclová, Klára ; MBA, Vlastimil Kučera, (referee) ; Rais, Karel (advisor)
Master’s thesis "Financial insolvency of the firm and methods of solution to this problem" deals with management of receivables. The first part describes tools which can be used for the management of receivables after maturity or prevention before this type of receivables. In the second part the work is focused on management of receivables in the company. In this section the current status of this area in the company is summarized and more types of debt collection are proposed. Finally, ideas for improvement of management of receivables are suggested, e.g. in the area of client communication by sales representatives. Recommendations are also made for tools usage, e.g. sale of bad debts of transfer of risk to other subject.
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Gnoseological implications of law application
Kallai, Vojtěch ; Tryzna, Jan (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This diploma thesis Gnoseological implication of law application inquires the epistemology of judicial decisions, known as proving. The work does not confine itself to mere law rules of proving before the court; rather it focuses on the comprehensive theory of the judicial cognition, which dwells in the proving law basis is not always clearly defined. These basis or axioms of law epistemology are to be exploited and clarified by our paper. Except the introduction and the final conclusion, the analyses are divided into four chapters. The chapter Prolegomena k teorii poznání explores the general cognition philosophy with references to the critical reflection of the (both empirical and rational) cognitional possibilities. It is supposed to be a source of the scrutiny of the special judicial cognition. The following chapter Specifika poznávání v právu uses the descriptive method to study the main characteristics of the specific judicial cognition as long as they differ from the characteristics of the general cognition. The comparison of the theoretical and real law approach is also given a consideration. The chapter Pragmatická doktrína is trying to provide integration as well as a generalization of the previous discoveries and in the conclusion it aims to provide clear and explicit gnoseological theory...
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