|
| |
|
|
Shareholders agreements (focusing on corroboration of their obligations in a broad sense)
Flašar, Michael ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
Shareholders agreements (focusing on corroboration of their obligations in a broad sense) Abstract This master thesis analyses the institute of shareholder agreements from the perspective of corroboration of its obligations. The main ambition of this thesis is to examine usual contractual arrangements which ultimately corroborates obligations arising from shareholders agreements. Theoretical conclusions from this master thesis are subsequently applied in qualitative legal research focused on corroboration of the obligations from shareholders agreements. Research sample consists of twenty-eight shareholders agreements, which have in common that they have been obligatory published in the registry of contracts. This thesis is divided into five interrelated chapters, of which the last two chapter may be considered as crucial as they contain core findings of this master thesis. First chapter explores limits of shareholders agreements and distinguishes them from articles of associations of joint- stock companies. The conclusion of this chapter attempts to provide a comprehensive definition of the shareholders agreement with an emphasis on differences between them. The second chapter, which is about obligations arising from shareholders agreements, analyses possible consequences of the publication of the...
|
|
|
Contractual penalty as a means of corroboration of a debt in business relations
Palan, Ondřej ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Contractual penalty as a means of corroboration of a debt in business relations The theme of this Masterʼs degree thesis is the contractual penalty as a means of corroboration of a debt in business relations. The author has chosen this topic because the contractual penalty is a traditional private institution, which enjoys great popularity for its function and relative simplicity of negotiation in current practice. The contractual penalty improves a creditorʼs status. It makes a borrowers fulfil their confirmed obligation since in case of its violation, they would have to provide the creditor with performance representing both generalized compensation of the damage and a penalty. In spite of a frequent use of the contractual penalty, its legislation is rather brief and does not cover all problematic aspects. The relevance of the topic increased with recodification of the private law. The main aim of the thesis is to explore legislative changes and their impact on selected problematic aspects of the contractual penalty using chosen methodology. The thesis explains whether legislative changes solve existing problems of the contractual penalty or not, what new questions in the context of the a contractual penalty arise and to what extent the conclusions of judicial decision-making practices are still...
|
|
|
Contractual penalty as a means of corroboration of a debt in business relations
Palan, Ondřej ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
Contractual penalty as a means of corroboration of a debt in business relations The theme of this Masterʼs degree thesis is the contractual penalty as a means of corroboration of a debt in business relations. The author has chosen this topic because the contractual penalty is a traditional private institution, which enjoys great popularity for its function and relative simplicity of negotiation in current practice. The contractual penalty improves a creditorʼs status. It makes a borrowers fulfil their confirmed obligation since in case of its violation, they would have to provide the creditor with performance representing both generalized compensation of the damage and a penalty. In spite of a frequent use of the contractual penalty, its legislation is rather brief and does not cover all problematic aspects. The relevance of the topic increased with recodification of the private law. The main aim of the thesis is to explore legislative changes and their impact on selected problematic aspects of the contractual penalty using chosen methodology. The thesis explains whether legislative changes solve existing problems of the contractual penalty or not, what new questions in the context of the a contractual penalty arise and to what extent the conclusions of judicial decision-making practices are still...
|
|
| |
guest ::
