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Partner's Position in a Personal Business Company
Kocián, Michal ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
The rigorous thesis "Partner's Position in a Personal Business Company" deals primarily with rights and obligations of partners / limited partners arising to them upon their participation in the general or limited partnership (the "Company"). The focus of this thesis is the examination of these rights and obligations in light of the recodification, i.e. upon coming into effect of Act No. 89/2012 Coll., the Civil Code, and Act No. 90/2012 Coll. on business corporations and cooperatives (the Business Corporations Act). Both laws referred to in the previous sentence became effective on 1 January 2014. The aim of this rigorous thesis is to describe not only each of these rights and obligations of a partner of the general/limited partnership but also to characterise individual problems brought about by this re-enactment and to find at least some way out of such problems, if possible. Hence, the work resolved, on the one hand, the partner's rights, i.e. the right to a share in profit, the right to the reimbursement of expenses incurred by the partner in settling the Company's affairs, the partner's right to the settlement share and to a share in the liquidation balance, The thesis also deals with issues concerning the statutory body of the Company, the management of the Company's business, the partner's right to...
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Personal Corporations and Their Character
Chvalovská, Eva ; Zahradníčková, Marie (advisor) ; Černá, Stanislava (referee)
Personal corporations and their character The purpose of this thesis is to examine Czech legal regulation of personal corporations, i. e. unlimited partnership and limited partnership, in force. The reason for the research is to focus on some crucial provisions concerning the above mentioned corporations which may seem ambiguous, permit various interpretations and therefore cause difficulties in legal practice, to explain different positions of Czech legal experts and judicial authorities concerning the interpretation and to support the interpretation which seems most likely to be intended by the legislator. Sometimes relevant legal regulation in some foreign countries is mentioned to be compared with the Czech legal system. The thesis is composed of four chapters, each of them dealing with different aspects of Czech legal regulation of personal corporations in force. The Introduction briefly describes what the term personal corporations stands for and mentiones the bill on business corporations which is currently being discussed in the Chamber of Deputies of the Czech Parliament and which is being mentioned to enter in force on 1st January 2013. Chapter One shortly examines the history of personal corporations legal regulation on the territory of today's Czech Republic. It is subdivided into two parts,...
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