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Czech and French Law of Corporate Groups
Ditrych, Tomáš ; Černá, Stanislava (advisor) ; Josková, Lucie (referee) ; Dvořák, Tomáš (referee)
Dissertation thesis called "Czech and French Law of Corporate Groups" analyzes French law of corporate groups and judicial decisions of the French courts, the so called Rozenblum concept - a set of conditions fulfillment of which might lead to exoneration of the company's directors acting in detriment of the company if such act is beneficiary to the group as a whole. The dissertation then analyzes relevant provisions of the new Czech business companies and cooperatives bill, partly inspired by the French law and by the Rozenblum concept. Under the conditions given by the Czech bill, dominant company shall not be obliged to compensate damages caused to the dominated company if such damages were caused to the benefit of the group as a whole and were or will be counterbalanced within the group. Moreover, the dissertation thesis at hand analyzes other provisions of the new Czech bill, assesses them and compares them with the provisions of the French law.
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Czech law of corporate groups in the context of international comparative law and in the light of recodification of czech commercial law
Štraser, Václav ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
At present, corporate group law in the Czech Republic, to a great extent, follows from the German concept and thus, continues to be the focus of critics. Moreover, from the point of view of the European Union, more and more Member States are opting to divert from the German concept of law concerning corporate groups. The Czech Republic is one of the Member States where the new concept of law concerning corporate groups will be passed de lege ferenda, according to the French model. In this connection, the aim of this thesis is to analyze the corporate group law in its current form in the Czech Republic, in conjunction with the proposed transformation of the law into the French model. With respect to the change in perspective of corporate groups, a comparative section addressing the particular legal regulations for a sampling of EU Member States, together with some European Community recommendations, have also been included in this work. I have chosen this particular topic for several reasons: First, I have a keen interest in this topic. Second, the subject is extremely topical insofar as the new Act on Business Corporations (in Czech: zákon o obchodních korporacích) was sent for commentary procedure (in Czech: připomínkové řízení) in January 2011. Third, the implications of this legal discipline...
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