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Arbitration clauses in consumer contracts and protection of consumer in arbitration
Vošvrda, Jiří ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The text deals with some fundamental issues concerning arbitration clauses in consumer contracts and protection of consumers during arbitration proceedings. The purpuse of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, which have come into force on 1st April 2012. The thesis is composed of five chapters. Chapter One is rather general and characterises major institutes of arbitration (with regard to disputes arising out of consumer contracts). Its eleven parts report on definition of arbitration and its forms, its inclusion among ADR mechanisms, reflections on suitability of arbitration in consumer disputes, its history and recent development, legal sources, basic principles, advantages and disadvantages in consumer disputes, main doctrines and fundamental conditions for arbitration (arbitrability and arbitration agreement). Chapter Two focuses on so-called "arbitration centres". The chapter consists of for parts. Part One describes their legal status. Part Two refers to recent discussions about admissibility of arbitration clauses recommended by centres. The next part seeks to draw attention to critical views of case law mentioned in the previous...
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Pre-Marital Agreement as a means of protection of marital property and business
Vávrová, Eliška ; Hejda, Jan (advisor) ; Kaczor, Pavel (referee)
This thesis deals with the possibilities of adjustment of marital property in the form of concluding marriage contract as a way to protect assets in case of divorce or business of one of the spouse. The aim of the work is to identify shortcomings in the current leg-islation. Based on these shortcomings suggest solution to improve the current state. According to this suggestion compile a model of marriage contract. The draft of rec-ommendation is compiled with the help of comparison with the Austrian statutory of matrimonial property relations and through questionnaire survey among students of University of Economics who have experiences with the adjustment of community property.
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Protection against DDoS attacks in the cloud computing
Vavroch, Zdeněk ; Karkošková, Soňa (advisor) ; Jelínek, Ivan (referee)
DDoS Attacks are nowadays huge threat on the internet. Many people and companies are dependent on accessibility of their data, services or applications. And that is what attackers try to abuse. In some cases, site or application that is not working, can make very bad name for the company in public. DDoS attacks are dangerous for people working at home, for corporate networks and mainly for huge clouds. Cloud are often targets of attacks because of how many people are affected by it. This thesis is focused on types of DDoS attacks we know and goal of the thesis is to find best defense solutions, mainly for defending the cloud computing. I will choose and describe the most common methods we know and use. In theoretical part I will describe what is cloud computing and DDoS attacks and what types of DDoS we know. In practical part I will describe the most common and efficient methods of defense.
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Ethics in relation to social protection of children
Doležalová, Radka ; Mitwallyová, Helena (advisor) ; Matula, Miloš (referee)
This Bachelor's thesis deals with activities of the the Office for Social Protection of Children with emphasis on ethical aspects and support given to the OSPOD workers by employers. The paper analyses whether the level of support is sufficient, how it impacts on the efficacy of the OSPOD workers and who provides the funding. The theoretical part focuses on analysis of the ethical codes of the OSPOD workers and on activities of this institution. The practical part analyses in detail two selected bodies of the OSPOD, particularly from the perspective of the support provided by employers in dealing with ethical issues and looks at complaints dealt with by the Ombudsman with emphasis on the ethical aspects of the complaints. Based on the analyses of the selected OSPOD bodies, it can be concluded that the support in dealing with ethical issues provided by employers is sufficient, it has a positive impact on the outcome of the OSPOD activities and it is funded from subsidies for social and legal protection of children.
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Consumers protection during the process of contracting
Kakáčková, Tereza ; Švarc, Zbyněk (advisor) ; Kříž, Radim (referee)
The main purpose of diploma thesis - Consumers protection during the process of contracting - was to analyze the consumer protection legislation at national level and European level. Thesis deals with consumers protection during the process of contracting in Czech Republic with closer focus on distance contracts and off-premises contracts. The general part of thesis provides a comprehensive insight into the private, public and European regulation of consumer law, as well as it summarizes basic concepts and consumer contracts more in detail. Two chapters of the general part are devoted to the distance contracts and to the off-premises contracts. Analytical part of thesis is based on quantitative research made by me. These results are compared with the results of two European surveys (Eurobarometers). The aim of the research was to define the attitude of Czech consumers to the consumer law, protection of the consumer rights and also find out more about their approach within the distance contracts.
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Forms of advertising on social networks and consumer protection
Žďárský, Jiří ; Vavrečka, Jan (advisor) ; Štěpánek, Petr (referee)
The theme of this thesis are forms of advertising on social networks and consumer protection. The main informational source is above all research of specialized literature, articles, online or other sources in connection with author's own observations and analysis of the respective legislation and ultimately the comparison with author's gained professional experience. The result of this work is a comprehensive overview and introduction to the law of social networks and advertising, demonstration of the importance and significance of this topic and finally evaluation of the effectiveness of legislation that protects consumers in the environment of social networks.
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Erosion protection of slopes from assignment to implementation
Konopecká, Vladislava ; Janeček, Miloslav (advisor) ; Kalibová, Jana (referee)
The thesis is following up on the findings to the issues presented in the Bachelor's thesis, where they were described mainly the methods and materials used to secure the slopes of pipeline, will address not only the final solution method of protection against erosion of the slopes, but in particular all conditioning influences such as the topography, the type and quality of rock and soil in the area of the building, surrounding buildings, and last but not least property relations that can significantly affect the design solution in terms of difficulty of implementation, durability, aesthetics and economic performance of the resulting construction works. Alpha-Omega of the initial phase is the analysis and the interdependence of the issues just for land consolidation, anti-erosion measures, construction procedures in accordance with the geology of the chosen territory and the intended realization of the construction project. The evaluation of the risks associated with this issue on the basis of field investigation, examination with a valid legal legislation, SWOT analysis will be ended.
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Právní a zdravotně sociální aspekty činnosti OSPOD jako ustanovených opatrovníků v zámu nezletilých dětí
BORSKÁ, Jana
The Czech Republic as a signatory of the Convention on the Rights of the Child has vested the practice of state administration in the field of care for minor children to municipalities with extended powers, where the protection of the rights and legitimate interests of minor children is safeguarded by state authorities of social and legal protection of children (ASLPC hereinafter). These authorities are incorporated to the extent laid down by the Act on Social and Legal Protection of Children (Act No 359/1999 Coll., as amended). The position and roles of ASLPC and their competence and jurisdiction are also regulated by the same act. The position of workers of these authorities and its legal embodiment is equally important. Regarding professionality, there are high demands on these workers. In the Czech Republic, significant changes in legislature have been made over the past three years. These amendments have led to the strengthening of the rights of minor children and to the establishing of new tools for their protection. In connection with the adoption of new substantive regulation of family law, which is now exhaustively dealt with by the Act No 89/2012 Coll., the Civil Code, new procedural rules have been established regarding protection of rights of minor children. Such procedural legislation includes (apart from the long-existent Act No. 99/1963, the Code of Civil Procedure) the Act No 292/2013 Coll., on Special Civil Proceedings. The decision-making regarding minor children has been vested mainly by the state into the competence of courts. The courts appoint the locally relevant ASLPC as a guardian who then represents the interests of minor children. The purpose, interwoven with and derived from the first one, was to explore the opinions of selected social workers of ASLPC and of district court judges regarding the defined problems occurring during the work of ASLPCs and courts while protecting the interests of minor children. These particularly include: the use of the tool of precautionary measure; problems of different territorial jurisdiction of courts and ASLPCs; processing of complaints regarding bias in various phases of the proceedings; professional training of workers of ASLPC It is evident from the proposals of both judges and ASLPC workers that it is necessary to unify territorial jurisdiction. The courts are suggesting the priority criterion of the address where the child mainly resides. ASLPC workers suggest the official permanent residence as the prime criterion. Bias causes problems in all phases of proceedings. It is obvious that courts take differing approaches towards the solution of this problem (some courts solve the problem of bias complaints filed by the parties while other courts do not) and for ASLPC workers it is difficult to assess how to act when such complaint is raised against them. The training of ASLPC workers - workers are obliged to educate themselves and their employer is obliged to finance such training. Not all ASLPCs are able to provide training in the required extent - due to financial reasons (the average costs of education of one employee pose from 9,169 to 13,400 CZK annually and they cover approximately 6 days of training). The heavy work-load caused by insufficient numbers of ASLPC employees prevents them from completing such compulsory training. As part of the examination of the "participation of a collision guardian in court proceedings" it has been found out that irregular participation of the worker in the proceedings (absence from participation in appeals proceedings); incomplete reports (directed to courts) from surveys in families. Based on comprehensive examination of the problems of territorial jurisdiction, it was recommended that requests are independently recorded and financial compensation is provided for ASLPCs who are requested to represent minors in front of courts, to draft proposals for precautionary measures.
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General Data Protection Regulation and its Impact on Grey Literature
Koščík, Michal
In April 2016, the European commission adopted a new General Data Protection Regulation. This regulation is based on fundamental principles of the existing legislation and elaborates it further into the set of rather detailed legal instructions. The suggested paper aims to summarize the parts of the new regulation that are most relevant for operators of gray literature repositories, who will have to adapt within the next two years. The paper will focus on the issues of consent to the processing of personal data, the legal regime of processing personal data without the consent of the data subjects, the data subject’s right to information as well as the legal regime of acquisition of personal data by third parties and exercise of the newly formulated right to be forgotten.
Fulltext: idr-1039_1 -  PDF
Slides: idr-1039_2 - PDF; idr-1039_3 - PDF
Video: idr-1039_4 -  MP4
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