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Work with claims of selected entrepreneurial subject
WEIGNEROVÁ, Jana
Accounting terms are very important for every company in the sphere of company finance, accounting terms are claims and accounts payable. The aim of this work was detailed description of claims which are parts of belongings of any company. The work has two parts, theoretical and practical part. Practical part predominate in this work, the main themes are claims, their operating,ensuring and debt recovery. In the practical part I describe claims of MICo company and I made my own project how to deal with claims. The main reasons why claims come into existence are business relations, but they can be caused by provided deposits, loans and bank credits. Claims from business relations are necessary parts of belongings, because every businessman needs goods and services from others. A company can analyse high earnings and profit in accounting but his financial resources can be essentially different. For a company is very important to have a sufficient number of financial resources and to this a company ensures of claims and then restricts entrepreneurial risk. The ensuring of claims means that contractual partner is obliged to realise his account payable. General forms to ensure claims are for example: penal clause, liability, acknowledge a debt, bank quarantee or altitude of debt. We can divide claims in risk claims and abandoned claims. During trading a lot of profits are formed, these profits can be evoked by for example: political or economical events, announcing a financial insolvency or natural catastrophe. Between the most frequent cause of risk claims are mainly the absence of morality in business relations. If the payment of claim is not done until fixed date, the claim gets the bad debt. The only way how to anticipate abandoned claims is, that busines men do not let them come into existence. MICo, spol. s.r.o. divides debts into short-term and long-term claims. The term of expiration of claims is established at intervals 14 {--} 45 days, it depends on which customer it is. The company of MICo tryes to aviod claims after maturity, therefore MICo makes use of ensuring claims as a penal clause, debt approval, bank quarantee or deposit. In conclusion, I would like to recommend to any company to have an evidence of claims and pay attention mainly to a prevention of claims because the ambit of czech legislation for a protection of rights of an accounting payee and the recovery of claims is generally regarded as deficient. Bankruptcy proceedings is slow and ineffective. During the competition accounting payees have small or even no rights and basically they are degraded inactive role and therefore the whole bankruptcy proceedings is regarded as a paradise for debtors.
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Non-contractual obligations in private international law
Holubová, Kateřina ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Non-Contractual Obligations in Private International Law This thesis deals with non-contractual obligations in private international law. The most important law in this area is the Rome II Regulation on the law applicable to non-contractual obligations that applies since 11 January 2009. The Regulation creates a common regime of conflict of law rules for most civil and commercial non-contractual obligations. The general rule is the law of the place of injury (lex loci damni). The rule is subject to two exceptions, the common habitual residence exception and a general escape clause based on the closer connection principle. Special rules are laid down for some non-contractual obligations, such as product liability, unfair competition and acts restricting free competition, environmental damages, infringement of intellectual property rights, unjust enrichment, negotiorum gestio and culpa in contrahendo. However, in most cases, the parties may agree on the law applicable to the non- contractual obligations between them. Post-tort agreements may be made between all parties whereas pre-tort agreements are allowed only where all the parties are pursuing commercial activity. Where the Rome II Regulation does not apply the courts will look to the relevant national legislation, which is the Private...
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Prohibition of a competition in labour relations
Hořáková, Jitka ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
This submitted thesis deals with a legal regulation of the prohibition of a competition in labour relations. The thesis is composed of six coherent chapters, the Fourth Chapter addressing the issue of current legal regulation applicable to prohibition of the competition in labour relations in the Czech Republic is the core part of the thesis. The purpose of the thesis is to analyse and to provide the comprehensive overview of the prohibition of the competition during the labour relation as well as after its termination (i.e. the non-competition clause). The thesis also briefly describes the legal concept of labour relations; the attention is also paid to the historical survey of the prohibition of the competition in labour relations. Furthermore, the thesis outlines the legal regulation of the prohibition of the competition in French and German labour systems. The main sources of information have been Czech and foreign publications, articles published in professional journals and court decisions. Due to the comparison of the various legal systems, the author has arrived to the conclusion that the legal regulations in all of the examined states are very similar, however some distinctions arising from the individuality of each state can be also found.
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Contracompetitive decisions of contracting entities
Vršecký, Radek ; Boháček, Martin (advisor) ; Kotoučová, Jiřina (referee) ; Marek, Karel (referee) ; Krč, Robert (referee)
The thesis deals with typical decisions made by contracting entities which restrict the competition among economic operators. The thesis analyses the typical mistakes which are made by the contract entities in awarding procedures. The causes of mistakes being made by contracting entities can be summarized into three groups. Into the first group belong conscious mistakes. For these mistakes shall be contracting entities` agents held responsible. Into the second group belong mistakes in planning. Mistakes from the third group are made as a consequence of lack of professional skills. None of these mistakes can be prevented just by an amendment to the Act on Public Contracts. Any proposal of an amendment solving the lack of professional skills shall consider also all connected negative effects; mainly additional time demands, financial costs and the risk of underfinanced praxis turning into formalism. Professionally skilled agents are usually more careful when they apply the Act on Public Contracts because they are aware of legal risks. Considering current limited budget resources it should be decided whether to put stress on cooperation with internal or external experts. The author recommends internal experts because external experts do not do their best if they are aware of the fact being not controlled effectively by internal experts. However the current Act on Public Contracts is not perfect, the duties laid by it are enforced successfully. Considering a new amendment also the legal theory shall be taken into account. The author presumes similarity of preventing of breaches against the Act on Public Contracts and of preventing of crimes. The most important factor preventing from criminality is to be aware that the punishment is inescapable, not its rates. The author points out also the opinion of the general theory of law according to which a new act is to be passed only if there is an objective necessary need. It should not to be passed by a fortuity or because of subjective views. There should be also a time space between the amendments. There was an amendment to Act on Public Contracts approved in 2010 and European Union currently prepares amending of awarding directives. The author therefore prefers improving the praxis of awarding in the Czech Republic by granting additional human resources to the Office for the Protection of Competition to passing of another amendment to the Act on Public Contracts. The scope of the Act on Public Contracts is also not convenient for amending a list of contract clauses which are not allowed to be concluded by contracting entities. There are two reasons. Contracting entities are constituted by various groups of subjects and contracts selling their property are outside the scope of the Act on Public Contracts. Contracting entities should use standard awarding procedure to promote competition among economic operators. They should concentrate on exactness of tender conditions. A good prevention to mistakes in awarding procedure is also good planning and skilled human recourses of contracting entities.
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Non-competition clause
Božek, Michal ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The aim of my thesis is to explain the meaning of the expression "non- competition clause" and to analyse its legal regulation in Czech labour law. The reason why I chose this topic is that non-competition clause is a very dynamic subject with a lot of changes in a historical point of view as you can see above. First of all, non-competition clause is an instrument of labour law which protects an employer against the abuse of the company's confidential information, knowledge and other know-how by the employee. According to the Czech legislation, non- competition clause means a voluntary agreement between employer and employee whose purpose is to protect employer's interests by reducing employee's job opportunities which would have a competitive character to the employer after the determination of an employment with the employee. There are several conditions need to be achieved in order to conclude a valid non- competition clause. For example, this contract needs to be agreed in writing. Secondly, the non-competition clause may be valid for only a certain period of time, not exceeding one year. Moreover, an employer is obliged to pay the employee some kind of a financial compensation every month. The amount of this compensation needs to be at least one average monthly salary of the employee. This...
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Competition clause in the CR and selected EU Member States
Hořáková, Jitka ; Pichrt, Jan (advisor) ; Bělina, Miroslav (referee)
Non-competition clause in the Czech Republic and in chosen states of the European Union Resumé The employee has a duty of faithful service and is obliged not to compete with his employer in the course of their labour relationship. Once the relationship has come to an end, the employer could have interest to protect his business and his proprietary rights, such as a trade secret, a secret process, confidential information or customer connections, since the disclosure of them by his ex-employee could damage his business and his position in the labour market. That is the reason why the contractual parties conclude the non-competition clause (or restrictive covenant) within a contract of employment (or within a special contract) whereby the employee undertakes that he will accept a restraint about where he works and for whom, for a period of time after he has left the employment relationship. Generally the employer has a duty to pay monetary compensation in order to compensate such a restraint of the employee. The purpose of my thesis is primarily to provide readers with the legal background of basic principles related to the employee's duty of loyalty and prohibition of a concurrence in the course of the labour relation with his employer.Furthermore, to outline and describe the legal regulation of the...
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Unfair competition and false advertisement
Jakubíčková, Věra ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Nekalá soutěž a klamavá reklama IV Resumé Unfair competition and misleading advertising My thesis deals with the law against unfair competition with an emphasis on misleading advertising. The first chapter of the thesis is concerned with the development of the law against unfair competition. Originally, the law against unfair competition was incorporated into the Law No. 111/1927. This law contained civil, administrative and criminal provisions and therefore the whole law against unfair competition was very transparent in contrast to present legal regulation. Not only was the pre-war law transparent, but also very skillfully written and applied, so it is a great source of inspiration even for contemporary lawmakers and judges. The second chapter deals with the subjects participating in unfair competition, i.e. competitors, consumers, legal entities entitled to protect the rights of competitors or consumers, etc. The third chapter outlines the crucial term "general clause" of unfair competition, which is nowadays contained in sec. 44 par. 1 of the Commercial Code (Law No. 513/1991 with subsequent amendments - hereinafter only CC). One of the special factual constellations of unfair competition - misleading advertising - is discussed in the next chapter. As misleading advertising can be classified only such...
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