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Trusts and Open-ended investment companies
Houfek, Ivan ; Černá, Stanislava (advisor) ; Klimeš, František (referee) ; Liška, Petr (referee)
Univerzita Karlova v Praze Právnická fakulta Disertační práce Trusty a společnosti s variabilním kapitálem - abstrakt anglicky - školitel: Prof. JUDr. Stanislava Černá, CSc. doktorand: Mgr. Ivan Houfek ak. rok: 2011/2012 2 Abstract in English This work deals with issues of trusts and open ended investment companies with regard to the legislation of countries with common law legal system. Trusts are specific common law legal concepts which have no equivalent in legislation of countries with continental legal system. They are based on different features of ownership and on other specific legal concepts. Among these concepts for example belongs common law and equitable ownership or joint tenancy. Trusts have evolved from the medieval concept called "uses", therefore no legal definition of trusts is provided. Trust has no legal personality but neither is it just an obligation. Trust is used to be defined as "an equitable obligation, binding a person (who is called a trustee) to deal with property over which he has control (which is called the trust property) for the benefit of persons (who are called beneficiaries) of whom he himself may be one and any one of them whom may enforce the obligation". The work explores division of trusts according to different criteria - private and public (charitable) trusts;...
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Contract for the sale of enterprise
Trnavský, Vladimír ; Černá, Stanislava (advisor) ; Klimeš, František (referee) ; Zahradníčková, Marie (referee)
THESIS TITLE OF THESIS: Contract for the sale of enterprise AUTHOR: Mgr. Vladimír Trnavský DEPARTMENT: Commercial law department ADVISOR: Prof. JUDr. Stanislava Černá, Csc. The theme of the thesis is "contract for the sale of enterprise". The theme itself is very acctented within the frame of legal practice. The main goal of this work is to outline the development genesis of the legal term enterprise since the time of classical roman law period to the contemporary legal regulation and subsequently, after defining the fundamental charts of the contract for the sale of enterprise, to answer specific questions resulting from the contract for the sale of enterprise in specific situations, i.e. the question of joint ownership of enterprise, legal frame of joint ownership relating to particular components of the enterprise, question of plurality on one or both parties to a contract a its consequences in commercial and labour law. The assess of creation of active and passive solidarity and its impact on the sale of enterprise i salso emphasized. Among the thesis goals also belongs the finding the answer on query of specific property values (for example the shares in cooperative society) with respect to the person who acquires the entrerprise and with respect to possible plurality of buyers. The goal of...
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Business, its sale and rent
Večeř, Igor ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Klimeš, František (referee)
The recent nature of the topic "Business, its sale and rent" clearly shows the social need that character of the enterprise as an object of business relationships and contracts for the sale of the business and the lease of the business is actively used. The company represents an important element which belongs to the business environment, and with the company as an object of legal relations may the businessman dispose - for example, a company can sell or hire. For the existence of the company and contract types associated with the enterprise is critical for a legal anchoring of these institutes. Enactment of these institutes is now primarily based on the Commercial Code, but in the ongoing recodification process of civil and commercial law will be the primary legislation under the New Civil Code, although it will modify the present time and the absolute business obligations. The law of contracts, which include a contract for sale of the business and the contract for the lease of the business will be "moved" by the rules of the New Civil Code. Company at a stage where is not a subject of the influence of contracts for the sale of the business, or the lease of the business, can be analyzed in terms of its "static" phase. The main subject of research in this phase of the business as such, is business...
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Trusts and Open-ended investment companies
Houfek, Ivan ; Černá, Stanislava (advisor) ; Klimeš, František (referee) ; Liška, Petr (referee)
Univerzita Karlova v Praze Právnická fakulta Disertační práce Trusty a společnosti s variabilním kapitálem - abstrakt anglicky - školitel: Prof. JUDr. Stanislava Černá, CSc. doktorand: Mgr. Ivan Houfek ak. rok: 2011/2012 2 Abstract in English This work deals with issues of trusts and open ended investment companies with regard to the legislation of countries with common law legal system. Trusts are specific common law legal concepts which have no equivalent in legislation of countries with continental legal system. They are based on different features of ownership and on other specific legal concepts. Among these concepts for example belongs common law and equitable ownership or joint tenancy. Trusts have evolved from the medieval concept called "uses", therefore no legal definition of trusts is provided. Trust has no legal personality but neither is it just an obligation. Trust is used to be defined as "an equitable obligation, binding a person (who is called a trustee) to deal with property over which he has control (which is called the trust property) for the benefit of persons (who are called beneficiaries) of whom he himself may be one and any one of them whom may enforce the obligation". The work explores division of trusts according to different criteria - private and public (charitable) trusts;...
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Help of the fiscal policy to the financial sector in the period of financial crisis
Klimeš, František ; Vostrovská, Zdenka (advisor) ; Pikhart, Zdeněk (referee)
This thesis tries to describe government help to economy during the period of crisis in years 2006 -- 2013 in USA and Iceland with regard to Austrian business cycle theory. This thesis stands critical toward connection of fiscal and monetary policy and their activist policy because this policy was one of the causes of economical fluctuation in last years. Help of fiscal policy connected with monetary policy took primarily form of providing liquidity to financial sector and granting government guarantees to financial institutions and bailing out their risky assets. Regulatory measures are subjected to closer analysis and are commented according to data analysis.
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Methods of obligations termination in business relationships
Redžič, Alen ; Kotoučová, Jiřina (advisor) ; Klimeš, František (referee)
The goal of the Thesis is to analyze the issue that is related to the extinction of the rights and obligations of business relations. Trading obligations are very specific group of legal relations. Without them it is imposible to imagine a faultless performance and successful business. The author in this thesis attempts to address all relevant aspects of the topic. To achieve the above objectives, the author intends to use a particular method of interpretation of legal norms. This method will be complemented by an authentic interpretation of legal norms, doctrinal interpretation, legal interpretation or the relevant case law. Analysis of these areas can conclude that there is a large area in terms of legislation and legal theory, systematic non-uniform. One of the main complexities of contract law, the author sees in the dualism legislation. From the available case law of the Supreme Court or Superior Courts may conclude that in most practical application of legal problems arose on the fulfillment of commitments and cancellation. These are the most frequent reasons for termination of the legal obligations. Another finding is the inconsistency of terminology and the Civil Commercial Code.
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Artical Reynolds numbers for pulsatile flow in the circular tube
Klimeš, František ; Kořenář, Josef
The problems of the stability of a laminar pulsating flow have their importance in cardiovascular fluid dynamics. The decelerated flow of blood after a contraction of the left ventricle (in systole) can be laminary even at a considerable high Reynolds' numbers. We presented a description of our experimental equipment and obtained results together with results published by several invesigators. Results indicated that the critical Reynolds number depends markedly on frequency similarity parameter and velocity or volume flow ratio.
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