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Selected legal issues of international passenger transport
Vosátková, Karolina ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Selected legal issues of international passenger transport The topic of the diploma thesis is 'selected legal issues of international passenger transport'. The aim of the thesis is to analyse the issues of substantive law related to the liability of carriers and rights of passengers in the international rail, road and air transport. The thesis focuses on applicable legislation of liability of carriers and rights of passengers, but also deals with the legislation proposed pro futuro. The diploma thesis is divided into seven chapters, further divided into subchapters. In the introduction the thesis defines the term 'international passenger transport' and summarises its key legal sources. Further, it addresses the conflict of law rules applicable to the contract on international passenger transport. The core of the thesis is in the following chapters that deal with the direct substantive rules governing the liability of carriers and rights of passengers in individual types of transport, which are contained especially in multilateral international conventions and secondary legislation of the European Union. The conclusion of the thesis summarises and assesses the analysed legal issues in the researched legislation. The first, opening chapter contains the introduction to the topic of legislation related...
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Legal Matters of the Electronic Communications Market
Šenoltová, Zuzana ; Boháček, Martin (advisor) ; Sedláček, Václav (referee)
The graduation thesis "Legal Matters of the Electronic Communications Market" maps the complete system of the economic, historic and particularly the legal consequences of the contemporary conception of the regulation of the e-communications market. It is focused primarily on the relationship between the ex ante regulation and the ex post remedy of the market failure, it monitors the development of how the public interest in providing these services has developed with the reference to the universal service, and it provides a detailed analysis of the new European regulatory framework of the e-communications market that has been accepted in November 2009.
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The Law of Contracts in the United States of America (The Approach to Conflict of Laws in American Contracts)
Chvosta, Luděk ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
- 105 - The Law of Contracts in the United States of America (The Approach to Conflict of Laws in American Contracts) Summary: This thesis aims to compare the fundamental principles and basic ideas behind the law of contracts in the Czech Republic and the Unites States, hoping to introduce the reader not only to the pivotal maxims inherent to each of these two widely differing legal systems, but also to their respective idiosyncracies and mutual inconsistencies. It further wishes to explane the rather unique position of Conflict of Laws in the United States - its history, origin and some of its major differences when compared to International Private Law as it is known in Europe. The first part of the thesis offers a quick refresher course on selected legal concepts of Czech contract law handpicked with the express intent of comparing them to their American counterparts. A discussion of the history, sources and types of contracts in the United States then follows. A general analysis of Conflict of Laws in the United States and its history is also included. The second part of the thesis contains the contractual comparison itself, analyzing the sometimes subtle, sometimes far-reaching impact of discovered discrepancies in various stages of contractual offers and acceptances on the understanding of American...
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Legal issues of commercial and investment banking
Tkadlec, Jiří ; Dřevínek, Karel (referee) ; Kotáb, Petr (advisor)
87 Summary The main aim of this Master's Degree thesis is to analyse legal questions about commercial and investment banking. Just before I get to some concrete aspects of these problems, it is necessary to deal with general theses of banking in part one in itself. It is possible and it would be an honour for me, if any ordinary person will read my thesis, so for that reason I think it is necessary to explain at the very beginning what the conception of banking is, what is its object and from which sources the legal form is coming-out. Banking is based first of all on economics. That is the reason, why at the beginning of third subchapter I explain economic characteristic of the bank firstly, following by legal point of view. As a student of law school, and not a student of economics, I should concentrate only at legal nature of my thesis and not economic, but I am really persuaded, that both science disciplines are so connected and close-knitted, so it is impossible to totally disconnect or separate them. Subchapter Four reflects about that and describes essential bank functions. I finally get into banking system in subchapter Five, to its regulation a characteristic of its particular types of banking systems, which outline us slowly the problem of connection or separation of these particular banking...
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Readiness of kindergarten teachers to integrate mental handicapped children into their classrooms
MARKOVÁ, Romana
This thesis deals with the integration of children with mental disabilities and how this problem is viewed by teachers in preschools. The theoretical part is focused on terms related to this topic. It is mainly the concept of mental retardation and its classification, then the term of integration and its classifications. The second half of the theoretical part is devoted to early childhood education and its objectives, legal regulations and also contains pros and cons of integration in preschool education. The last chapter of the theoretical part is devoted to teachers and their competences to teach a child with a mental disability. The practical part is focused on preschool teachers. It is prepared on the basis of a questionnaire. The results of the questionnaire are shown here and in the discussion section we can find answers to predetermined research questions.
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The issue of so-called Chinese walls in banking industry
Vičan, Michal ; Kotáb, Petr (advisor) ; Dřevínek, Karel (referee)
The purpose of this thesis is to introduce and analyse the regulatory means of the so-called Chinese walls in banking sector. This is done by examining the Czech Banking Law, but also through comparison of the mechanism of Chinese walls to alternative methods of regulation, as well as by presenting of two practical studies dedicated to Chinese walls. As mentioned, the focus is placed on Czech legislation, however, we do not omit various alternative abroad regulatory approaches used in the past or indeed planned to be passed in the nearest future. The reason for the research is our interest in banking law and this form of regulation of insider trading. The thesis is composed of Introduction, three numbered chapters and Conclusion. Each of the chapters deals with different aspects of the thesis' topic. Introduction briefly explains the different issues that are to be discussed further. In Chapter One, we firstly explain our position on what indeed is the reason the Chinese walls have been introduced to the Czech legal system. After that, we mainly concentrate on the Czech banking legislation, thoroughly analysing its numerous legal aspects. In the end of this chapter, as the result of our analysis, we present our amended version of the law with the recommended changes. Chapter Two describes a brief...
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Stanovení hodnoty licence
Maslova, Darya ; Scholleová, Hana (advisor) ; Kopalová, Helena (referee)
Diplomová práce se zabývá stanovením hodnoty licence k využití patentované technologie. V teoretické části jsou popsány otázky právní ochrany vynálezů, definuje se pojem ?licence? a jsou uvedeny základní metody oceňování nehmotných statků, z nichž pro ocenění licence byly vybrány: metoda MRCM, pravidlo 25 %, metoda DCF a metoda reálných opcí. Praktická část je zaměřena na aplikaci vybraných metod oceňování s použitím reálných údajů konkrétního podniku. Z provedeného srovnání výsledků vyplývá, že metoda reálných opcí je pro účely hodnocení tohoto typu nehmotných statků nejvhodnější.
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Selected issues of conflict of laws in international family law
Birnerová, Nikol ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
This thesis is aimed at specific questions of conflict rules of the international family law. Specifically, it focuses on the conflict law rules of matrimonial law with an international element. It takes into account the domestic, as well as the international regulation and regulation of the European Union. The thesis is divided into eight chapters. It starts with an introduction, which is followed by the second chapter which deals with the concept of international family law and its sources. The third chapter devoted to a general explanation of the conflict rules including the most significant related terms, such as determining factor or public order. The fourth chapter is aimed at the legal regulation of concluding a marriage with respect of the conflict rules determining the law applicable in case of capacity to conclude a marriage, its validity and form. This chapter also deals with consular marriages and marriages concluded abroad in case of threat to life. The fifth chapter contains he conflict rules of personal and property situation of spouses. This chapter at the same time reflects a recent progress in this field as far as European Union law on property situation in marriage is concerned. The sixth chapter is aimed at termination of mixed marriage and primarily at conflict rules of...
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Extending arbitration clause on third parties in (international) commercial arbitration - selected issues in comparison of international arbitration practice and Czech law
Cienciala, René ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
CIENCIALA, R.: Extending arbitration clause on third parties in (international) commercial arbitration - selected issues in comparison of international arbitration practice and Czech law; doctoral thesis ABSTRACT The purpose of my doctoral thesis is to analyse in the context of the (international) commercial arbitration whether at all, and if so under what conditions can an arbitration agreement be extended on third parties as its non-signatories - i.e., parties who have actually not undersigned the said agreement. The thesis is based on a critical analysis thereof by evaluating the selected and relevant case-law, both judicial and arbitral, and the key legal jurisprudence in comparison of the international arbitration practice and Czech law. The thesis consists of nine main chapters. After the introduction of the subject-matter (first chapter), I focus on a fundamental basis thereof - i.e., the doctrine of separability of an arbitration agreement from the underlying contract (second chapter), followed by a thorough analysis of a selected theoretical conceptions concerning the extension of arbitration agreement on third parties (third to seventh chapter). Accordingly, I evaluate the following issues: a succession and assignment or other transfers of rights in the third chapter, the position of guarantors in...
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