National Repository of Grey Literature 3 records found  Search took 0.00 seconds. 
The duty of due managerial care and diligence of the member of en elective body of a limited company and the consequences of its breach
Šubertová, Karolina ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The purpose of this thesis is to compare the standard of due care in contemporary legislation as well as in the new upcoming legislation which should become effective as of 1 January 2014. Furthermore, the thesis is focused on consequences of breach of the standard of due care by persons in position of members of elected bodies of capital business companies and / or business corporations. The thesis is composed of six chapters. Chapter One is introductory and deals with history of the standard of due care in the Czech legislation from the period of the General Civil Code to the recodification of civil law and commercial law represented by two crucial statutes - the new Civil Code and the Business Corporations Act. Chapter Two deals with contemporary valid and effective legislation concerned with the standard of due care and its main components. In Chapter Three I tried to emphasize the changes which we will experience in the new legislation. Especially, I mean the newly introduced business judgment rule which was inspired and implemented to the Czech legislation on the basis of modern foreign legislations - US and Germany. Chapter Four presents selection of case law of the Supreme Court of the Czech Republic which repeatedly commented on the standard of due care in practice and its related aspects...
The duty of due managerial care and diligence of the member of en elective body of a limited company and the consequences of its breach
Šubertová, Karolina ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The purpose of this thesis is to compare the standard of due care in contemporary legislation as well as in the new upcoming legislation which should become effective as of 1 January 2014. Furthermore, the thesis is focused on consequences of breach of the standard of due care by persons in position of members of elected bodies of capital business companies and / or business corporations. The thesis is composed of six chapters. Chapter One is introductory and deals with history of the standard of due care in the Czech legislation from the period of the General Civil Code to the recodification of civil law and commercial law represented by two crucial statutes - the new Civil Code and the Business Corporations Act. Chapter Two deals with contemporary valid and effective legislation concerned with the standard of due care and its main components. In Chapter Three I tried to emphasize the changes which we will experience in the new legislation. Especially, I mean the newly introduced business judgment rule which was inspired and implemented to the Czech legislation on the basis of modern foreign legislations - US and Germany. Chapter Four presents selection of case law of the Supreme Court of the Czech Republic which repeatedly commented on the standard of due care in practice and its related aspects...
Company purchase of own shares and financial assistance
Šubertová, Karolina ; Kříž, Radim (advisor) ; Štěpánek, Petr (referee)
The master thesis covers the topic of company purchasing of own shares. In the meantime, this kind of process in the life of a company has been completed by another important phenomenon -- financial assistance -- which is the second topic of this thesis. The thesis aims to analyse the changes, that have been noticed in the Czech system of law, concerning the company purchase of own shares and the financial assistance during the last eighteen years, i. e. since the Commercial Code entered into force in the Czech Republic. There are also included the reasons of the legal regulation of the process of purchasing of own shares, that are of economic, legal even ethic character. In fact, the company law in the Czech Republic has been influenced in a significant way by the European sources of law, as well as the other branches of law. Thus, the evolution of the European legal framework of the company purchase of own shares and the financial assistance, and its impact on the Czech company law, have to be mentioned. To be more illustrative, the thesis refers to the judicature of the Supreme Court of the Czech Republic, to the judicature of the Court of Justice of the European Union, and standard practice of the Securities Commission.

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