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Protection Against Incorrect Conduct of a Contracting Authority in the Public Procurement Process
JANOUŠKOVÁ, Aneta
This diploma thesis deals with the protection of the supplier and the company in general in the process of awarding public contracts by the contracting authority. The aim of the work is to analyze the possibilities of means of protection that can be used against procedure of contracting authority this way. The work is divided into two parts, theoretical, which contains the definition of public contract and the procedure for their award, a description of the basic principles of procurement act, analysis of individual means of protection of the contracting authority, overview of individual offenses and proposals de lege ferenda. The second part is a practical part, which analyzes specific examples of practice in, in order to approach and clarify some public contracts that were awarded in various types of procurement procedures. Whereas that this is protection against illegitimate procedures in public procurement, there are chosen that cases in which the inaccuracy confirmed and where there was an authoritative action by the Office for the Protection of Competition, or related bodies within justice the following examples are selected, for which incorrect confirmations were made and where there was authoritative action by the Office for the Protection of Competition, or related bodies within judiciary. The main element for the elaboration of the whole work became by the Act No. 134/2016 Coll., the Public Procurement Act, which was interpreted using selected case law, professional periodicals and commentary literature.
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The Liability for the Non-Conformity of Goods in a Consumer Contract of Sale
JANOUŠKOVÁ, Aneta
This bachelor thesis deals with the analysis of rights and obligations arising from the defective performance in consumer relationships, especially from the contract of sale. This thesis analyses basic institutes connected to the nonconformity of the contract of sale according to the new Civil Code, which came into full effect on January 1, 2014 and compares them with the EU regulations on which the regulation in the Civil Code is based. Furthermore, the text defines elementary terms, it includes a division of defects, specification of rights from a defective performance and other rights that are beyond the defective performance. The thesis also deals with given principles and processes within the complaint procedure. The practical part of the thesis is focused on consumers using the questionnaire survey to examine the awareness and knowledge of their rights.
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