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Business contracts concluded with consumers
Polák, Jindřich ; Liška, Petr (advisor) ; Flídr, Jan (referee)
Business contracts concluded with consumers Abstract This diploma thesis focuses on the issue of unfair terms in consumer contracts. This topic presents a particular sector of the legal regulation of business contracts concluded with consumers. The Czech republic's regulation on unfair terms in consumer contracts derives from the law of European union. In particular it concerns the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The system of protection introduced by the Directive is based on the premise that the consumer is in a weak position in regards to both his bargaining power and his level of knowledge. This leads to the consumer agreeing to contract terms drawn up in advance by the trader without being able to influence their content. Therefore, the Directive forbids such term if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, detriment to the consumer. Initially the Czech legislator implemented said Directive in an inapt manner. These shortcomings are being repaired by the recently adopted amendment to the Civil Code and Act on Consumer Protection. This amendment also reflects the current development of the European union's consumer law. The core of this thesis is the...
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Penalising surreptitious advertising by influencers on social networks
Krchovová, Barbora ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Penalising surreptitious advertising by influencers on social networks Abstract This academic paper deals with the trend of influencer advertisement and its regulation in the Czech Republic and the European Union. It also evaluates the effectiveness of enforcement in the Czech Republic and presents three different approaches to enforcement abroad, including Czech and foreign self-regulation. The first section of the paper describes the development of influencer advertisement and the form it takes today, emphasizing the remuneration of influencers. Its most pressing problem is the hidden form of advertising and thus it is considered deceptive advertising. The second part focuses on the current domestic public and private law regulation of advertising as applied in the social networks environment and defines the legal status of the participants. The legal regulation in the Czech Republic is based on the European Union law, and therefore the thesis reflects the key concepts in the light of the Guidance on the interpretation and application of Directive concerning unfair business-to-consumer commercial practices in the internal market. After analysis of the applicable law, the main purpose of the next chapter is to define the difference between an influencer's recommendation and their commercial content,...
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Class actions
Stiborová, Kateřina ; Sedláček, Miroslav (advisor) ; Střeleček, Tomáš (referee)
Class actions Abstract This thesis deals with the regulation of collective proceedings in the Czech Republic, first focusing on the current forms of collective proceedings and then moving on to the draft of the Act on Collective Civil Judicial Proceedings. The aim of the thesis is to contribute to the professional debate on the emerging form of collective proceedings with a mostly practical view of setting specific parameters of the law, to point out some shortcomings of the current proposed bill and to offer its own solutions. From the methodological point of view, the analytical, normative, comparative and synthetic approaches were used. However, a descriptive approach is also evident in the beginnig of the thesis. The analysis was mainly used in the examination of the current draft of the Act on Collective Civil Judicial Proceedings and the Polish legislation. The normative approach is most evident in the critical commentary on the current proposed bill. The thesis offers a comparative examination when comparing the proposed Czech and Polish legislation. The synthesis of the recorded findings is then most influenced by the section dealing with considerations on the future appropriate form of class actions. From the content point of view, the thesis first offers a theoretical excursus in which it deals...
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Nekalé praktiky v multilevel marketingu
Tomková, Karolína
Tomková, K. Unfair practices of multilevel marketing. Bachelor‘s thesis. Brno: Mendel University in Brno, 2023. The bachelor's thesis deals with the issue of the multilevel marketing system and the fraud that can occur here. The aim of this thesis is to formulate recommendations on how to prevent these unfair practices when using the MLM system, based on specificic objectives. The thesis consists of two parts, a literary research and an analytical part. The literature review defines the concept of multilevel marketing, structure and companies that use the MLM system in the Czech Republic. Furthermore, the legal regulations that affect the MLM system from a legal point of view are mentioned here. The analytical part is devoted to the analysis of experiences and cases of opinion groups with the help of classification trees. In the discussion, the data obtained from analysis are eva-luated and recommendations are made on how to avoid unfair practices and how to copy with them. The economic consequences of using unfair practices in the MLM system are also evaluated here.
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Ekoznačení
Čičaková, Maryna
Čičaková, M. Ecolabelling. Bachelor thesis. Brno: Mendel University, 2023. The bachelor thesis deals with the legal possibilities for entrepreneurs to present their products or services as environmentally friendly. The aim of the thesis is to analyze the procedures of a specific business entity and to assess whether and in what ways this entity could present itself as an entity that is mindful of environmental interests. The theoretical part of the thesis analyzes the relevant legal regulation related to organic farming and consumer protection. They analytical part of the thesis analyzes the procedures of a particular business entity as well as a SWOT analysis and a cost analysis. In the conclusion of the analytical part, recommendations for the correct presentation form are given.
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On Supervision of Financial Markets by Czech National Bank
Skácelík, David ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Švarc, Zbyněk (referee)
1 Abstract This work deals with the performance of supervision over the financial market and the entities operating in the financial market. Part of the work is devoted to consumer protection in the financial market and compensation systems. Because of the fact that the Czech Republic became a member of the European Union in 2004, this work includes also legislation of regulation and supervision of this level, as this treatment significantly predetermines Czech adjustment. Following questions were examined as an example of protecting the interests of clients of supervised entities: - whether there are any tools to protect the client's interests at the level of supervised entities, - what kind of role the supervisory authority has or may have in relation between a supervised entity and its client, - how are the client's financial interests protected in the event of failure of the supervised entity and whether this protection is de lege lata sufficient. The theoretical part of the work briefly describes the institute of supervision, its assorting and forms. The authority of supervisor is discussed in the next part together with the regulations under which the supervision is conducted. Owing to the fact that the scope of supervisory activity of the Czech National Bank is quite extensive, and the objective of...
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Collective Actions in Selected Legal Systems from a Consumer Protection Perspective
Nováčková, Daniela ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Class Actions in Selected Legal Systems from a Consumer Protection Perspective The thesis is dedicated to the topic of collective actions in the new legislation at the EU level (contained in Directive 2020/1828 on representative actions1 ) and in the national legislation in selected EU Member States - the Czech Republic, Poland and Portugal. The aim of the thesis is to examine and evaluate which legislation on collective actions for damages is the most favourable for consumers in the selected EU Member States and thus provides the greatest level of legal protection for consumers. In the case of the Czech Republic, the legislation under examination is that contained in the Draft Act on collective proceedings,2 which has not yet been enacted into law. At the same time, the thesis examines whether the Directive on representative actions at all provides EU Member States with a legal framework allowing them to set up national legislation on collective actions in the most consumer-friendly way. The structure of the thesis is divided into 9 chapters. The Introduction is followed by Chapter 2, which starts by introducing some basic terms in the field of collective actions, such as collective action, opt-in and opt-out systems, etc., of which the understanding is essential for the following chapters....
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Class proceedings in Czech legislation
Vodička, Jakub ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Class proceedings in Czech legislation Abstract The thesis deals with the class proceedings in the Czech legislation. Its aim is to contribute to the expert debate about the emerging class proceedings legislation within the Czech civil procedural law. For this reason, the thesis analyses the topic of the class proceedings, which the Czech expert public has treated mostly theoretically so far. The thesis focuses on the published bill on the class proceedings that was considered by the Czech Chamber of Deputies until 2021. Apart from a critical analysis of the legislative text, the thesis compares it with other relevant regulations and foreign approaches. The comparison provided is two-fold: firstly with the new European Directive on Representative Actions, secondly with the Austrian legal approach to class action. From a methodological viewpoint, the thesis mostly uses the analytical, comparative and synthetic methods. Within the analysis of different legislations, the author uses a positivist approach, while during the analysis of the suggested legislation the methodological approach is normative. In the introduction, the thesis examines the class action institute from a theoretical viewpoint. Subsequently, the current Czech class action legislation included in the Code of Civil Procedure is analysed along...
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The prohibition of consumer's discrimination
DANIEL, Adam
This bachelor thesis describes consumer protection, especially the prohibition of consumer's discrimination. It defines a role of consumer which results from the Czech law and from the European directives and regulations. It focuses on description of the forms of circumvention of enacted legislative, for example geo-blocking or other discriminations practices which are based on the country of origin, gender, age etc. Furthermore, the thesis focuses on the finding and interpretation of the case law of the Czech Supreme Administrative Court and Czech Constitutional Court and the consequences of the things mentioned above for the consumer and businessmen. The result of the thesis is the research of the consumer knowledge of mentioned issue, his rights and methods of available defence according to the law. The outcome of the thesis is also consumer's opinions about an ongoing pandemic COVID-19 and associated restrictions, which can be perceived as a form of discrimination of consumer.
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