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Institute of trust fund in ČR
Skrott, Filip ; Šindelář, Michal (advisor) ; Müllerová, Libuše (referee)
The bachelor thesis discusses about institute of Trust Fund, which the Czech legal order entered in the reform of private law, the new Civil Code. Its introduction was not without its problems and critics. In this work I deal with the legitimacy of the critic and the changes that should reduce fears of misuse of funds. I also deal with the history, the practical use of the funds and compare our legislation of trust funds with the English editing.
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Post-penitentiary treatment and prevention of recidivism
Hrnčíř, Luděk ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
RÉSUMÉ The work presented is a Master thesis completed at the Criminal law department under theLaw faculty of the Charles' University. It deals with recidivism, its causes and prerequisites of its occurrence. Preventive activities in the Czech republic are also a part of this project. Emphasis is put especially ontertiary preventive activities, namely working with people who have commited crime before. Postpenitential care plays an important role here, especially the problems of returning the convicted person into normal life. For synoptic reasons, the text also contains the overview of the Czech legal regulations, especially the standards of the criminal law. The standards of the social security law, which determine the system made by the state for people exposed to social exclusion, are also dealt with here. Apart from the national legislative, the international regulations are also mentioned here, although they are rather informal recommendations of the EU. A special chapter is devoted to Czech prison system. Conditions in Czech jails are described as well as programme set up for dealing with prisoners and also the difficulties of so called exit departments. The most important part of the thesis contains information about the state and opportunities of the postpenitential care. These problems occur in...
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Public support from the Czech and Community law perspectives
Petr, Zbyněk ; Boháč, Radim (advisor) ; Marková, Hana (referee)
Resumé The state aid from cognition of Czech and Community law The definition of state aid consist primary the Treaty establishing the European Community (TEC). In article 87/1 TEC is explicit basic signs, which comprehensive: support in any form, attractive act, grant from state resources, possibility violation of contest and influence on members states. It's also referred as primary Community law. It's base on principle "common prohibition" their grant. But exist the three exceptions: compatibility on TEC, block reserve and compatibility by decision of Commission. The secondary legislation includes many regulations, directives and court rulings. Especially I illustrated: statute n. 659/1999/EC, which consists detailed form of article 93 TEC, statute for national regional aid (n. 2006/C 54/08), environment (n. 2001/C 37/03), science and research (n. 2006/C 323/01), employment (n. 2204/2002). The Czech Republic is a member of European Community and that is why must respect above mentioned legislation. The others statutes exists as supplement to community legal rules. As main base present the investment incentives act, n. 72/2000 Col. . But presently be in progress. Since next year will be a new system of grant support to necessary branch, namely Framework program for relief technological and strategic...
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Social aspects of housing in the Czech republic
Průšová, Michaela ; Toth, Petr (advisor) ; Císař, Jaromír (referee)
This diploma thesis deals with housing policy and rent housing in Czech republic. First basic terms of housing and consequences of rent housing are described. The second chapter concentrates on the rent housing, in detail particular kinds of this sort of housing are described. The third chapter introduces historical development and reasons of rent restriction in Czech republic. The next part concentrates on the development of law and conception documents in the field of housing policy and current legal form of rent housing. The last part analyses financial availability of housing, it presents the development of restricted rent prices and introduces the prediction model of impacts of rent liberalization applied on the law of unilateral increase of rents. It suggests also possible compensations of these effects.
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Use of software of third parties in commercial applications
Panáček, Jan ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Užití software třetích stran v komerčních aplikacích 99 English summary and keywords. Usage of third party software in commercial applications. This thesis deals with the legal implications of using software written by other parties (hereafter referred to as "third party software" in conformance with industrial practice) in the process of developing a commercial application. Software developers worldwide have always been looking for a way to minimalize their costs and efforts by reusing already available software components in their own new programs and thus not investing into reinventing the wheel. This process is mainly done by incorporating open source or public domain software. It is readily available through the Internet download under seemingly non-restrictive licenses. Other options are also possible, like adopting industrial standards or settling for commercial licensing of relevant technology from other developers. The goal of this thesis is to analyze this usage of third party software. From the legal point of view, main focus is on open source licensing, international copyright law and conformance of the Czech legal system with US, European and international licensing requirements. It also deals with other issues which arise from internet distribution of works, software development and patent...
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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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Exclusion of a member from, and termination of his participation in, the limited liability company
Šedivá, Soňa ; Čech, Petr (advisor) ; Černá, Stanislava (referee)
EXPULSION OF SHAREHOLDER AND TERMINATION OF HIS PARTICIPATION IN THE LIMITED LIABILITY COMPANY ABSTRACT The purpose of my thesis is to analyze the legal regulation regarding exclusion of a shareholder and termination of his participation in a limited liability company in the Czech Republic. I have chosen this topic because of a lack of scholarly interest in this particular question of corporate law, even though it is a highly practical matter. The study analyzes law, commentaries, books, articles and relevant case law and compares the current legal regulation with the new legal regulation represented by the new Civil Code and the Act on Commercial Corporations. The main contribution of this paper is in a providing a critical perspective on this new legal regulation and in identification of future eventual interpretative problems. The thesis is composed of four chapters, each of which deals with different aspects of a view on problems of unilateral termination of a participation of shareholder in the limited liability company. Chapter One is introductory and explains the provisions of legal regulation of unilateral termination of participation of shareholder. Chapter Two is subdivided into three main parts. Part One focuses on expulsion of shareholder by the general meeting of the company. Part Two is...
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The Consumer dispute resolution
Marková, Kristýna ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The thesis deals with the consumer dispute and ways how to resolve it. The main aim of this thesis is to analyze and evaluate if disadvantages of court proceeding in the Czech republic still overweight its advantages, and thus whether the topic of alternative disputes resolution of consumer disputes is actual, then to give an overview and evaluation of alternative disputes resolution for consumer dispute which the Czech republic offers in the context of Community Law of the European Union, and finally to outline the development of future initiatives in this area.
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The Conclusion of a Contract under the United Nations Convention on Contracts for the International Sale of Goods in Comparison with Czech National Legislation
Krčálová, Kristýna ; Boháček, Martin (advisor) ; Levý, Jan (referee)
This Master's thesis focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG), better known as the Vienna Convention. The main purpose of this thesis is to evaluate conditions for application of this international treaty and to assess the contracting process under the CISG including the similarities and differences with the Czech national legislation. Finally, it seeks an answer to the question, which of these rules (international or national) are more advantageous for a Czech contractual party with respect to concluding a contract. The thesis is divided into five parts. The first one represents an introduction to the CISG, its origin and the Czech Republic's attitude to it. The second part identifies the conditions for application of the CISG and therefore defines a subject and an object of an international contract of sale under the CISG. Both third and fourth parts gradually introduce two phases of the contracting process (offer and acceptance) including the relevant case-law. The last chapter strives to complete the contracting process with an analysis of the exact moment, when a contract is concluded, as well as with an analysis of a potential battle of the forms and its impact on a contract conclusion.
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