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Real estate brokerage
Prints, Pavlo ; Eichlerová, Kateřina (advisor) ; Hurychová, Klára (referee)
83 Real Estate Brokerage Abstract This thesis deals with the impact of Act No. 39/2020 Coll., on real estate brokerage and on amendments to related acts (Act on Real Estate Brokerage) on the legal status of consumers. The aim of this thesis is to assess the impact of the Real Estate Brokerage Act on the legal status of the consumer and to compare the findings with the previous legislation. The focus of this thesis is on issues relating to the conditions of business activities of real estate agents and the real estate brokerage contract. For the conditions of business activities, I have focused on the issue of impeccability and professional competence of real estate agents. In the case of the real estate brokerage contract, I have dealt with selected legal institutes introduced by the Real Estate Brokerage Act, which are of the nature of the so-called "protection rules". The systematic division of this thesis consists of an introduction, three chapters and a conclusion. The first chapter contains the basic terminology that appears throughout the thesis. The basic terms include the definitions of real estate brokerage, real estate agent and the interested party as a consumer. This chapter includes a brief summary of the history of legal regulation of real estate brokerage in the Czech Republic. The first...
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Shareholders' Agreements of Capital Companies Shareholders Relating to Dispositions with Their Participation
Tománek, Adam ; Černá, Stanislava (advisor) ; Hurychová, Klára (referee)
Shareholders' Agreements of Capital Companies Shareholders Relating to Dispositions with Their Participation Abstract Shareholders' agreements are important tools for regulating relationships among shareholders. This thesis deals with shareholders' agreements among shareholders of capital companies in the Czech legal environment and examines their effectiveness and use as tools for investor protection. The work focuses on the question of whether shareholders' agreements among shareholders of capital companies are as effective in the Czech legal environment as they are in common law, where they have a long history and significant importance. For this purpose, mainly descriptive methods, analytical methods and synthesis are used. Throughout the work, the author relies on the conclusions of authors from the Anglo-American legal culture. In the general part, the work deals with the general definition and purpose of shareholders' agreements. Given the not yet fully established definition of shareholders' agreements, the work is devoted to their definition as a type of contract and their purpose. In the special part, emphasis is placed on shareholders' agreements concerning dispositions with their participation, which protect the value represented by a share in a private company and serve as a tool for dispute...
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Liability for damage caused by business operation of an entrepreneur
Tůma, David ; Čech, Petr (advisor) ; Hurychová, Klára (referee)
Liability for damage caused by business operation of an entrepreneur Abstract This thesis deals with the liability for damages from operational activities according to § 2924 of Act no. 89/2012 Coll., the Civil Code ("CC"), with the aim of defining the prerequisites of this liability, focusing on the concept of operation. The thesis also focuses on systematic interpretation, in particular for the purpose of negative definition of operation according to § 2924 CC, analyzing the meaning and purpose of the legal regulation, as well as answering the question whether the nature of the regulation can be considered as objective or subjective, comparing the current legal regulation with the previous regulation and the PETL regulation. The work focuses particularly on the case law of the Supreme Court, from which it aims to draw general conclusions. In addition, it also peripherally evaluates the related facts of liability for damages, in particular in order to negatively define the term operation. The thesis concludes that an operation is a gainful activity which is carried out with the intention of doing so on a continuous basis and which is achieved using technologies, objects or procedures which, by their characteristic nature, are characterized by a higher risk of damage to others, generally caused by their...
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Public service contracts for transport of passengers
Menčík, Jaroslav ; Hurychová, Klára (referee)
Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Title Public service contracts for transport of passengers Abstract One of the fundamental tasks of the state and territorial self-government units is to ensure transport services in the territory through public passenger transport services, especially by rail and public line (bus) transport. Public service contracts for transport of passengers, which are concluded between public customers and public transport operators, play a key role in the public passenger transport system. The subject of these contracts is, on the one hand, the obligation of the carrier to operate public transport services in accordance with the requirements of the customer and, on the other hand, the obligation of the customer to pay financial remuneration to the carrier in the form of so-called compensation. From a legal point of view, a number of legal issues and problems arise in connection with public passenger transport contracts. In the dissertation, I am analyzing the main shortcomings of the current legal regulation of public passenger service contracts and how they could be solved. To this end, in the dissertation I analyze individual aspects of the legal regulation of public passenger transport contracts in the light of theoretical knowledge and practical...
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Executive and non-executive board members in the context of czech law and czech corporate governance code
Syrovátka, Vojtěch ; Hurychová, Klára (advisor) ; Tomášek, Petr (referee)
Executive and non-executive board members in the context of czech law and czech corporate governance code Abstract This thesis analyses the division of responsibilities in boards of directors, focusing on executive and non-executive directors. The regulation of unitary boards was recently amended in the Czech Republic. The previous regulation was perceived as unclear. This may be one of the reasons why most Czech companies is using a two-tier board structure, which separates the supervisory function and the management function of the board. The question remains: Will the amendment of unitary boards cause more companies to use non-executive directors? Provisions regarding the participation of non-executive directors on boards are often located in soft law. The Czech Corporate Governance Code contains the provisions in the Czech Republic, which is why the first part of the thesis provides information on corporate governance and corporate governance codes. The second part of the thesis offers a brief review of the historical development of non-executive directors in countries where the unitary board model originated. This part focuses on soft law regulation in the United Kingdom. It subsequently analyses soft law regulations concerning non-executive directors in different countries worldwide and compares them...
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Material Publicity of Commercial Register
Hloušková, Alexandra ; Eichlerová, Kateřina (advisor) ; Hurychová, Klára (referee)
Material Publicity of Commercial Register Abstract The subject of the diploma thesis is the principle of material publicity applicable to persons registered in the commercial register and their obligations resulting from the registration in the Commercial Register to the liable persons within the entrepreneur. The legal regulation of material publicity has changed over time and is now regulated by Act No. 304/2013 on public registers of legal entities and natural persons, which stipulates it for all public registers. The aim of the thesis is to find out if the current legal regulation is sufficient to oblige entrepreneurs in actions made on the basis of incorrect registration in the Commercial Register. In the analytical parts of the thesis, a descriptive method was used, when the interpretation of domestic law was compared with the interpretation of Slovak and German law. Furthermore, the existing legislation was compared with the Czech jurisprudence, which interprets this legislation. On the basis of such comparisons in chapters 2. Contradiction of the record with reality and 3. Contradiction of the record are defined expert opinions on the obligation of the given area towards the obliged persons within the entrepreneur. The thesis is divided into four parts. The first one aims to clarify the concept of...
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European legislation and case law on designations of origin, geographical indications, and traditional specialties guaranteed
Lesáková, Kateřina ; Patěk, Daniel (advisor) ; Hurychová, Klára (referee)
The diploma thesis deals with the topic of European law and case law on designations of origin, geographical indications, and traditional specialties guaranteed. The aim of this thesis is to comprehensively analyse the EU legislation on geographical indications for agricultural products and foodstuffs, together with related case law and relevant international conventions. In particular, the work focuses on Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, which is key in this area. In the introductory part of the thesis, the characteristics and terminology of geographical indications and the European system of their sui generis protection are introduced. The second part focuses on the functions of geographical indications and their importance for producers and consumers in the European Union. Attention is also paid to current issues and the relationship between geographical indications and innovation. The third part focuses on the relevant international conventions, which are presented chronologically, including the historical and legal circumstances of their creation and an analysis of the most important provisions. The penultimate part of the thesis concerns the legal regulation of geographical indications in the EU and explains its development and...
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The legal status of CEOs in the corporate governance of Czech and foreign joint stock companies
Ryšina, Petr ; Hurychová, Klára (advisor) ; Pelikán, Robert (referee)
The Legal Status of CEOs in the Corporate Governance of Czech and Foreign Joint Stock Companies Abstract CEOs play a crucial role in corporate governance, and understanding their legal status is fundamental to board organisation practices. This thesis aims to map the question of the legal status of CEOs, with a focus on regulatory approaches to CEOs and chairpersons of the board in different regions. The research established two main approaches to regulating CEO's legal status. On the one hand, the approach of Anglo-American countries is presented in this thesis by two main representatives - the UK and the USA. The common board organisational model is a unitary board model for which it is typical to combine management and supervisory powers in the board of directors. This is also reflected in the legal status of the CEO, as one of the main issues addressed is the CEO and chairperson duality and its consequences on corporate governance. On the other hand, the different approach taken by the countries in Continental Europe is analysed. Germany and Austria are introduced as countries known for a compulsory two-tier board model. In contrast to the Anglo-American world, the position of the CEO is not embedded in the countries of Continental Europe. The problem of CEO and chairperson duality is not present...
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Employee representation in the elected bodies of a public limited company - a comparative perspective
Dušek, Vladimír ; Tomášek, Petr (advisor) ; Hurychová, Klára (referee)
This thesis analyses the legal regulation of employee representation in elected bodies of public limited companies in the Germany and in the Czech Republic and then compares them. The first part of this thesis briefly describes the historical development of the legal regulation of codetermination in the Czech Republic and then analyses to which companies the regulation of codetermination applies, how many members of the elected bodies of the company are elected by employees, how the election process of members of the elected bodies of the company elected by employees is regulated, how it is possible to deviate from the provisions that regulate codetermination and what special rights the members elected by employees have in the elected bodies of the company. In the second part of this thesis, the historical development of the legal regulation of codetermination in Germany is briefly described and then it is analysed how the described issue is regulated in German law. The third part of this thesis compares the differences in the way the above mentioned issues are regulated by the Czech and German legislation, finding that the German legislation on codetermination is contained in several laws and therefore contains several different conditions that companies must meet in order to be subject to the...
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Insolvency delicts under the Business Corporations Act
Kuta, Petr ; Hurychová, Klára (advisor) ; Eichlerová, Kateřina (referee)
Insolvency delicts under the Business Corporations Act Abstract The thesis deals with the very up-to-date topic of insolvency delicts under the Business Corporations Act, the legal regulation of which has undergone fundamental conceptual changes in recent years. The amendment of Business Corporations Act (the "amendment")1 brought a completely new form of the actus reus of the insolvency delict, which unified the previously disparate and unjustifiably differentiated legislation. In this context, the procedural aspect of the legislation has also been redesigned by introducing joint proceedings on insolvency delicts, which are now a part of the insolvency proceedings. Additionally, the regulation of insolvency sanctions as liability consequences for the commission of a insolvency delict has also been clarified, with the former sanction of liability for the debts of a bankrupt business corporation being completely replaced by a whole new concept of "liability for lack of property" inspired by French law. These changes to the legislation are set out in the context of the objectives pursued by the amendment and in the light of the general meaning and purpose of the legislation, which is, in particular, to protect the property interests of the creditors of the bankrupt business corporation. The interpretation is...
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