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Unfair commercial practices against consumers and children in particular
Chodorová, Eliška ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
1 Unfair commercial practices against consumers and children in particular Abstract The diploma thesis deals with unfair commercial practices against consumers and children in particular. The aim of this thesis is to present the legal framework for the protection of children, as a particularly vulnerable group of consumers, against unfair commercial practices, and to analyse whether they receive effective protection against such practices, especially at a national level. The main methods used in this diploma thesis were the research of legal literature, legal regulations and case law of Czech and foreign courts. On the basis of the acquired information, using interpretative methods, especially linguistic, logical, and systematic, the main and partial conclusions were subsequently generalised. The diploma thesis is divided into an introduction, a conclusion and five main chapters, which are further divided into subchapters. The first chapter defines the key terms with a focus on children as a group of particularly vulnerable consumers. The second chapter is devoted to a general definition of unfair commercial practices by describing the so-called three-stage test of unfairness. The third chapter focuses on the aggressive commercial practice of solicitation of children to buy advertised products. The main...
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Nekalé obchodní praktiky při distančním sjednávání spotřebitelských smluv
Řezníčková, Nikola
This bachelor thesis deals with unfair business practices used by entrepreneurs towards consumers when negotiating consumer contracts by distant communication. The research part is primarily dedicated to such issues legal regulatory and consumer rights defending organizations. The analytical part is dedicated to specific examples from common practice, on which basis the final recommendation is made to minimize consumers undesirable economic impacts and the risks associated with making of contracts in distant manner.
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Community law against unfair competition
Nathanielová, Nicole ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
Resumé Community Law Against Unfair Competition The purpose of my thesis is to analyze the European legislation on unfair competition, its application by Court of Justice of the European Union (hereinafter referred to as "CJ EU") and its implementation into Czech law. The thesis is composed of six chapters. Chapter One is dedicated to the general explanation and description of the unfair competition and its subjects. Chapter Two examines the background and evolution of the harmonization process on unfair competition on European level and summarizes present applicable directives. It also provides a brief note on respective Czech regulation in which these European directives were implemented. Chapter Three is dedicated to the subject of misleading advertising as defined by the Directive 2006/114/EC. The first part of this chapter provides a description of misleading advertising, second part illustrates the approach of CJ EU in its decisions. Third part is concerned with the Czech regulation of misleading advertising while it can be concluded that Czech regulation is sufficient according to required European standard without further need of implementation. Chapter Four is concerned with the comparative advertising and is subdivided into three main parts. Its first part contains a summary of conditions under...
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European law against unfair competition
Kaštánková, Jitka ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
European Law Against Unfair Competition Abstract The diploma thesis deals with the "European law against unfair competition" and the emphasis is placed on providing understandable and comprehensive summary of European law represented by two leading directives of the European Union. The first one is called Unfair Commercial Practices Directive and it focuses on relations between businesses and customers, while the second one, called Misleading and Comparative Advertising Directive, concentrates on business to business relations. Moreover, the realm of unfair competition is richly complemented by the jurisprudence of the Court of Justice of the European Union, which dedicates many of its rulings to this problematic due to its indispensable significance. The content of diploma thesis is divided into several chapters. The chapter following the Introduction gives brief definitions of the terms typical for this branch of law, for example competition or average consumer. The third chapter takes into account historical development of unfair competition at European union level and its direct impact to Czech legislation. For this reason, the fourth chapter includes a short discourse about unfair competition from the point of view of the latest Czech Civil Code. Questions relating to consumers and protection of their...
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Public regulation of business practices
Ptáčková, Marta ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
The aim of this thesis is to examine the highly topical subject of regulation surrounding commercial practices. This examination is divided into four chapters. The first chapter looks at the notion of commercial practices by considering both the linguistic and legal definition of the term, and the importance of the regulation is proved. The second chapter deals with the question of division of law into its public and private counterparts. The discussion of the consequences of this division are crucial for a better analysis of the actual implementation of the EU Directive 2005/29/CE on unfair commercial practices. In the third chapter, the scope of application of this Directive is analysed and the main principles of regulation are described. The final section focuses on the Czech law on unfair commercial practices. In this segment, the text of the provisions of the Czech Code of Consumer Protection is compared to the Directive, and the system of legal redress and sanctions in the Code of Consumer Protection is critically analysed. The legal regulation of "promotional events", during which the ban of unfair commercial practices is often breached, is placed under scrutiny. The Directive was also implemented into the Code of Regulation of Advertisement. One subchapter of the fourth chapter is therefore...
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European law against unfair competition
Hobzová, Anna ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
European law against unfair competition This diploma thesis deals with the regulation of European law against unfair competition in the Directive on unfair commercial practices as well as in the Directive concerning misleading and comparative advertising. The aim of this thesis is to provide a comprehensive explanation of the areas of the law against unfair competition regulated by these directives with regard to relevant jurisprudence of the Court of Justice of the European Union, another objective is to evaluate the success of transposition of this regulation into czech national law. After the introductary part, the thesis is diveded into six chapters. The first chapter briefly defines the status of the law against unfair competition in the legal system, interprets the basic terms and describes the role of the Court of Justice of the European Union. The second chapter is dedicated to the evolution of the law against unfair competition at the level of European Union. The third chapter is dedicated to misleading advertising and its regulation by the Directive concerning misleading and comparative advertising, the fourth chapter is dedicated to comparative advertising regulated by the same directive. The fifth chapter deals with unfair commercial practices in business to consumer relations regulated...
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Consumer protection options for one-sided contracting in the financial sector
Bažant, David ; Liška, Petr (referee)
Consumer protection options for one-sided contracting in the financial sector Abstract This thesis analyses the problems between consumers and business professionals in the financial sector. The author has chosen this topic because it seriously impacts everyone who intends to sign a contract for financial services. The significant imbalance between the contracting parties brings a risk that the stronger and more informed party will abuse its position to gain a disproportionate advantage. A legal system tries to redress this imbalance through the legal institutes for consumer protection. The law maker seeks to prevent the undesirable events that have occurred in the past and continue to occur by interfering with private law relations because of the public interest in consumer protection. The aim of the thesis is to provide an overview of the available options of consumer protection and to evaluate legal institutes that are the most effective for consumers. The thesis is primarily based on the analysis of the regulations and l legal publications, conceptual documents prepared by the European Union bureaucracy. Furthermore, the analysis presented here, evaluates the implementation and adoption of the European directives and the approach of the courts in selected Member States in the review of unfair terms....
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Private and Public Law Aspects of Doorstep Selling
Veverková, Svatava ; Frinta, Ondřej (referee)
The diploma thesis deals with private and public law aspects which are specific of doorstep selling. The main goal of the thesis is a complex analysis of these aspects, with emphasis put on the issue of consumer protection. The thesis further examines drawbacks of the Czech legislation de lege lata on the theoretical level as well as in applicational practice and confronts these drawbacks with de lege ferenda proposals.
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Spotřebitelské smlouvy uzavírané mimo obchodní prostory podnikatele
Milotová, Lucie
This bachelor thesis is focused on negotiation of contracts that are performed beyond business premises of the entrepreneur, specifically by the demonstration of events and by the doorstep selling. In the thesis there are described Consumer Protection Institutions, current legislation, information obligation, unfair commercial practices, advertisement, and possibility of withdrawing from the contract. Moreover there are also results of controls which are done by the Czech trade inspection every year. Furthermore in the thesis there is included evaluation of invitations that are sent by the sellers to costumers. There are also mentioned examples of contracts negotiated beyond from business premises of the entrepreneur, when sellers used unfair commercial practices. On this base there were created some recommendation, how to do business in this field.
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