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Social responsible public procurement
Froulová, Dominika ; Horáček, Tomáš (advisor) ; Marek, Karel (referee)
The aim of this rigorous thesis is to present in more detail the ever-evolving form of public procurement, thus responsible public procurement with an emphasis and closer focus on the social aspects of such a process. Information and materials for the content of this rigorous thesis were drawn from previous publications published in the Czech Republic. Furthermore, from legal regulations, expert comments, Czech and foreign articles, as well as from the decision-making practice of the Court of Justice of the European Union, the Office for the Protection of Competition and the courts of the Member States of the European Union. The rigorous thesis is divided into five main chapters. The first chapter is mainly devoted to the definition of the main terms, which are, according to the author of the work, fundamental and in many cases worthy of discussion. The social value is considered to be the crucial aspect for the socially responsible public procurement, which, together with the methods of measuring it, is also the content of the first chapter of this rigorous thesis. The first chapter also further describes a brief cross-section of the history of responsible public procurement. From the second chapter, the thesis is based on the legislation and options that contracting authorities are legally...
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Principle of transparency and principle of proportionality in the process of public procurement
Drdák, Josef ; Horáček, Tomáš (advisor) ; Zahradníčková, Marie (referee)
The principle of transparency and the principle of proportionality in the public procurement process Abstract The topic of this thesis is the principle of transparency and the principle of proportionality in the public procurement process. The key objective of this thesis is to identify and thoroughly analyse the significant manifestations of the respective principles in the procurement process. The author of this thesis also provides the readers with an interpretation of contentious issues related to the enforcement of the principle of transparency and the principle of proportionality during the activities of contracting authority. Finally, the author of this thesis evaluates the legislation in force and within the de lege ferenda considerations proposes relevant amendments to the Act. This thesis is divided into three parts. The introductory part describes in general the meaning and substance of all public procurement principles, as well as the so-called 3E principles. In the second part the author of this thesis examines the specific expressions of the principle of transparency in public procurement. The final third part deals with the principle of proportionality and the requirements and impacts associated with the enforcement of this principle. The introductory part contains a general analysis of all...
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The participation and position of a member of an unlimited liability company
Kunášek, Jiří ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
The participation and position of a member of an unlimited liability company, Abstract This doctoral thesis examines the participation and position of a member of an unlimited liability company (in Czech veřejná obchodní společnost), which is a topic that has been largely unexplored in theory. At the same time, unlimited liability companies as a legal form are seldom used for running a business in practice. As a result, there are only a very few judicial decisions addressing these issues. For these reasons, the author considers the exploration of this topic helpful and beneficial. The introductory part of the thesis contains an analysis of the unlimited liability company as a separate legal person, its characteristic features and factors specific to this legal form. This is followed by an extensive analysis of the member, the prescribed requirements for taking the position of a member and an analysis thereof, as well as a list of persons who are not granted the right. The fourth part provides a comprehensive analysis of the interest constituting the member's participation in the unlimited liability company, the ownership of the share and the specific aspects of an interest in an unlimited liability company, including dealing with the interest. The thesis also studies the creation of a member's interest by...
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Commercial terms and clauses in business transactions
Hošna, Vojtěch ; Horáček, Tomáš (advisor) ; Pelikán, Robert (referee)
Commercial terms and clauses in business transactions Abstract The master thesis is focused on the topic of commercial (standard) terms and clauses in business transactions. With respect to increased demands on the entrepreneur, the relevant provisions will be interpreted differently in the business relationship than in the case of a consumer relationship. Standard terms standardize the contracting process and reduce costs. Legislation of commercial terms remains concise but it contains some news. Significant change is the express regulation of the knock-out rule, which is used to determine the final content of a contract in the case of conflict between standard terms. Section 1752 newly contains express regulation for unilateral change of standard terms. A major novelty is specific content/formal control of standard terms which is regulated section 1753. Party is protected against the terms with which that party would scarcely have accepted had it been aware of them. Surprising terms are ineffective. The thesis is dedicated to problematic aspects, which arise in the case of contracting under standard terms. The thesis uses descriptive and comparative methods for accomplishment that goals. Firstly I will try to define the notion of commercial terms. In the second chapter are presented requirements for valid...
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Discrimination againts consumer in the provision of goods and services
Kautská, Anna ; Patěk, Daniel (advisor) ; Horáček, Tomáš (referee)
Discrimination againts consumer in the provision of goods and services Abstract The topic of this thesis is the prohibition of discrimination of consumers in the provision of goods and services. Recently, this issue has been the object of interest thanks to the Constitutional Court's judgment from 17 April 2019, in which the Constitutional Court dealt with consumer discrimination directly. The aim of this thesis is to analyse the concept of discrimination in the area of provision of goods and services and to compare the principle of non-discrimination with other principles acting in conflict. For this reason, the thesis is divided into two main parts. The introduction is followed by the first part that is fully devoted to the analysis of the concept of consumer discrimination and other terms related to it. The second part of the work deals with the principles against which the principle of non-discrimination directly acts. The first part, entitled Consumer Discrimination, is divided into five subchapters. The main introductory chapter deals in detail with the analysis of the concept of discrimination and deals with discriminatory criteria in individual subchapters. The second chapter mentions cases of different treatment, which by law are not and cannot be considered as discrimination of the consumer. The...
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Public procurement below the lowest threshold
Bartošová, Monika ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Public procurement below the lowest threshold This thesis describes and analyses the legal regulations and practice in the Czech public procurement below the lowest threshold. In particular, it focuses on the principles governing the procedures, i.e. transparency, proportionality, equality and non-discrimination. The first chapter deals with the purpose of the Czech Public Procurement Act, the concept and development of the legal regulation of public procurement below the lowest threshold emphasising the financial limits of the contract's value, which separates these public contracts from other procedures. The second chapter deals with the principles that apply to public procurement which represent the source for the regulation of public procurement below the lowest threshold. The law does not define their precise meaning, leaving it to the case law, decisions of the public authorities and opinions of the experts. These principles are necessarily conncected to the principles of financial management known as the 3E. The third chapter focuses on the procedure of contracting authorities during the public procurement. Since contracting authorities may, with certain restrictions, create their own rules for the procedure, the chapter contains examples and evaluation of these regulations of the individual...
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Evaluation of tenders in public procurement according to its economical advantage
Sahánková, Barbora ; Horáček, Tomáš (advisor) ; Patěk, Daniel (referee)
Abtract The main aim of this diploma thesis is to analyze the evaluation of tenders in public procurement according to their economic advantageousness and at the same time to compare the current stage of the ability of contracting authorities to evaluate this economic advantageousness compared to the stage of effect of the previous legal regulation. The background information for the topic of this diploma thesis were obtained from the legal regulation of the Czech Republic and the European Union, professional literature (legal commentaries), professional articles of periodical publications dealing with public procurement, internet sources and the case law of the Office for the Protection of Competition, administrative courts of the Czech Republic and the Court of Justice of the European Union. The analytical approach, linguistic, teleological and comparative method of legal interpretation were used. This diploma thesis consists of six main chapters. The introductory chapter discusses the purpose and aim of the legal regulation of public procurement and in the following chapter the part of the tender procedure and the basic principles of public procurement, crucial for the whole process of public procurement. The third chapter is devoted to the core of this thesis, namely the economic advantage in the...
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Boilerplate contracts made by an entrepreneur
Válek, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Entering into contracts of adhesion by entrepreneur Abstract This thesis is focused on the topic of entering into contracts of adhesion by entrepreneur. It is an agreement that allows one party no bargaining power, typically to the weaker party and though is limited only to accept it or to reject it. In this thesis I pursue to describe problematics of adhesional contracts in detail focusing on specifics related to entrepreneur and possible lack of legislation. At the end of this thesis i describe the benefits of this institute and it's possible future evolution. Key Words Contracts of adhesion, Standardize form of a contract, clauses, freedom of contract, weaker contractual party, entrepreneur
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Red Book FIDIC contractual terms and conditions and their use by public investors in the Czech Republic
Galousková, Simona ; Horáček, Tomáš (advisor) ; Klee, Lukáš (referee)
RED BOOK FIDIC CONTRACTUAL TERMS AND CONDITIONS AND THEIR USE BY PUBLIC INVESTORS IN THE CZECH REPUBLIC Abstract This thesis is focused on the application of the Red Book FIDIC contractual conditions in relation to the realization of transport infrastructure, namely the Road and Motorway Directorate of the Czech Republic and the Railway Infrastructure Administration. With regard to Czech legislation, particularly in the area of public procurement, the Red Book FIDIC terms and conditions are changed through special contractual conditions. The terms and conditions of the special contractual terms are compared not only with the general contractual terms and conditions but also with the concept of the special contractual terms of the investors themselves. The thesis is divided into 13 parts. Firstly, the International Federation of Consulting Engineers (FIDIC) is introduced, followed by the Czech Organization of Consulting Engineers (CACE). The second part of the thesis introduces the investor, the client, as the client according to the Public Procurement Act, therefore the work in this section briefly introduces the legislation of public procurement in the Czech Republic. The next part of the thesis introduces the contractor as the other party to the contract, including subcontractors or associations of...
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Payment account
Kolářová, Jana ; Horáček, Tomáš (referee)
Payment account Abstract The firstpart of the thesis contains a brief historical development that preceded the creation of a payment account. Furthermore, its definition, essence and characteristic features. Subsequently, the legal regulation of the account is mentioned, both generally in the Civil Code, and all types of accounts are mentioned, as well as in related legal regulations. The thesis also analyzes the account contract, including the subjects of the contract, the requirements of the contract, possible forms of its conclusion, changes and cancellation. Subsequently, this work deals with the legal regulation of the payment account specified in the Payment System Act, while the work also mentions the development of European regulation in recent years. Furthermore, this work deals with the legal regulation of a payment account contract, which the Payment System Act refers to as a payment services contract, and as a framework contract. It also mentions a contract for a one-time payment transaction, an indirect payment order service, account information and marginally mentions the balance of money confirmation service, the so- called new service. Subsequently, this work deals with the conclusion, change or termination of a payment service contract, which is regulated by the Payment System Act, and also...
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