|
|
State-Owned Enterprise
Hokr, Tomáš ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
The primary focus of this thesis is a state-owned enterprise, its basic characteristics, the State-Owned Enterprise Act as its principal source of legislation and its status given by some other laws. The state-owned enterprise is a state organization and a specific organizational legal form of business through which the state carries out management of its property, carries on a business and thereby fulfills the purpose for which state-owned enterprise was founded. Specificity is manifested mainly by its property itself, the relationship to that property, the way of establishment and by performance of quasi-shareholders' rights. The main attribute of state-owned enterprises and state organizations in general is incapacity of possession of property rights. Inability of ownership does not only contrast with the ability to bind, but also raises questions concerning the legal personality. The relationship to the property has been expressed by rather vague "right to manage", which has not been used yet. The state-owned enterprise is regulated mainly by the State-Owned Enterprise Act. This regulation, though very brief in scope, has the ambition to be comprehensive legislation for state-owned enterprises. Nevertheless it is not sufficient for the treatment of all possible legal relations arising from the...
|
|
|
State enterprise
Jírová, Karolína ; Horáček, Vít (advisor) ; Štenglová, Ivanka (referee)
(Summary) The presented paper focuses on adjusting a state enterprise (state - owned enterprise) as a receding form of public enterprise. It sets upon itself a task of clarification, whether this legal form, which has been dominant in the past, is henceforth suitable for use in the present body of laws. Professional literature was studied to acquire relevant knowledge, legal provisions, judicial decisions, and other documents. State enterprise is a specific legal entity conducting business with national property, which has a unique public function and is supposed to generate net operating income. Its institutor can only be a state, that has a similar status as a sole partner of a business entity. Unlike other legal entities engaging in business, the state enterprise doesn't have a legal capacity to acquire assets for itself, but does acquire assets for the state. It is not liable for state obligations and state is not liable for obligations of the enterprise at the same time. This structure causes problems, because it is not consistent with a current legal rule. The paper examines general characteristics of state enterprise, historical development, effective legal enactment, property status of state enterprise, definition of sphere of authority between a founder and business bodies, and business...
|
|
|
State-Owned Enterprise
Hokr, Tomáš ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
The primary focus of this thesis is a state-owned enterprise, its basic characteristics, the State-Owned Enterprise Act as its principal source of legislation and its status given by some other laws. The state-owned enterprise is a state organization and a specific organizational legal form of business through which the state carries out management of its property, carries on a business and thereby fulfills the purpose for which state-owned enterprise was founded. Specificity is manifested mainly by its property itself, the relationship to that property, the way of establishment and by performance of quasi-shareholders' rights. The main attribute of state-owned enterprises and state organizations in general is incapacity of possession of property rights. Inability of ownership does not only contrast with the ability to bind, but also raises questions concerning the legal personality. The relationship to the property has been expressed by rather vague "right to manage", which has not been used yet. The state-owned enterprise is regulated mainly by the State-Owned Enterprise Act. This regulation, though very brief in scope, has the ambition to be comprehensive legislation for state-owned enterprises. Nevertheless it is not sufficient for the treatment of all possible legal relations arising from the...
|
guest ::
