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Formation, incorporation and invalidity of business company
Habáňová, Eva ; Horáček, Tomáš (advisor) ; Černá, Stanislava (referee)
The title of this master thesis is "Formation, incorporation and invalidity of business company". The study is based on the Czech law contained mainly in the Commercial Code. The first part of the thesis describes the entire constitution process of a new business company. The second part focuses on issues related to invalidity of a business company. The Czech Commercial Code distinguishes six forms of business companies - general commercial partnership (unlimited partnership), limited partnership company, limited liability company, joint-stock company, European company and European economic interest grouping. Constitution process of a new business company can be divided into two phases - establishment of a business company and creation of a business company. Each of these phases contains specific issues that are analysed in particular chapters of the study. The thesis is composed of seven chapters. Chapter One provides general characteristics of a business company including its legal regulation. Chapter Two deals with establishment of a business company. It describes business company's founder and focuses on issues related to the founder's deed including its substantial requirements. Chapter Three examines legal position of a business company prior to its creation. It addresses issues related to...
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Invalidity in Civil Law
Langhans, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis is dealing with the notion of invalidity as a juridical institute of civil code. It is expounding the types of invalidity, their common features and differences between them. Particular reasons of invalidity are being examined in detail. The thesis is focused mainly on comparing the legal regulations of the current and the new Czech Civil code.
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Cancellation and invalidity of a European trade mark
Rohlena, Jan ; Svoboda, Pavel (advisor) ; Pítra, Vladimír (referee)
Revocation and Invalidity of European Trade Mark Revocation and invalidity of European trade mark, more precisely termed as Community trade mark (hereinafter as "CTM"), is a specific field of trade mark law of the European Union. It is Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark which forms a legal basis in this regard. The practice of the Office for Harmonization in the Internal Market and especially the jurisprudence of the Court of Justice of the European Union play very significant role in this area. The practice of the Office for Harmonization in the Internal Market and the jurisprudence of the Court of Justice of the European Union regarding Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is also relevant for the revocation and invalidity of CTM as this Directive provides for the revocation and invalidity of national trade marks in similar manner. The aim of this thesis is to analyse the nature of revocation and invalidity of CTM and individual grounds for revocation and invalidity as well as selected related issues, e.g. of procedural nature. This thesis is divided into four chapters. First chapter briefly introduces the institute of CTM and trade...
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Invalidity of Legal Acting in Civil Law
Štelcigová, Štěpánka ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Invalidity of Legal Acts in Civil Law The purpose of this thesis is to analyse comprehensively the institute of invalidity of legal acts, as the most common consequence of defects of legal acts. The invalidity is one of the most important institutes of private law, because the whole society has always needed to act legally and also to rely on the validity of their legal acts. It is necessary to define essential elements of legal acts and the consequences of non compliance with them. This thesis, which is divided into five chapters, deals with the essential elements of legal acts, the defects of legal acts and most importantly the consequences of these defects which is the nullity and mainly the invalidity and voidability of legal acts. First chapter is introductory and describes the evolution of legislation of civil law in Czech Republic because it has came through many significant changes including the field of invalidity of legal acts. Particularly the Act No. 89/2012 Coll., Civil Code, has brought many positive changes this year. Second chapter is divided into three subchapters. It briefly describes the legal facts and it focuses mainly to legal acting as the most important legal fact. It explains the term and the substance of legal acts, names the essential elements of legal acts and the...
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Invalidity and ineffectiveness of legal acts in insolvency proceedings
Štancl, Štěpán ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...
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Formation, incorporation and invalidity of business company
Habáňová, Eva ; Horáček, Tomáš (advisor) ; Černá, Stanislava (referee)
The title of this master thesis is "Formation, incorporation and invalidity of business company". The study is based on the Czech law contained mainly in the Commercial Code. The first part of the thesis describes the entire constitution process of a new business company. The second part focuses on issues related to invalidity of a business company. The Czech Commercial Code distinguishes six forms of business companies - general commercial partnership (unlimited partnership), limited partnership company, limited liability company, joint-stock company, European company and European economic interest grouping. Constitution process of a new business company can be divided into two phases - establishment of a business company and creation of a business company. Each of these phases contains specific issues that are analysed in particular chapters of the study. The thesis is composed of seven chapters. Chapter One provides general characteristics of a business company including its legal regulation. Chapter Two deals with establishment of a business company. It describes business company's founder and focuses on issues related to the founder's deed including its substantial requirements. Chapter Three examines legal position of a business company prior to its creation. It addresses issues related to...
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Non-existence as a new institution of Czech law
Buchal, Jiří ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Non-existence as a new legal institution of Czech law This paper deals with non-existence as a legal insitution that has been added to the traditional consequence of defective legal acts - invalidity - during the recodification of Czech private law. The aim of this diploma thesis is to comprehensively analyse the legal institution of non-existence. The paper is divided into eight chapters, the introduction and the conclusion. For the purpose of analysing non-existence comprehensively the paper focuses also on systematic explanation of legal acts themselves. The first chapter brings the definition of legal act, deals with different ways to enter into legal acts as well as forms of legal acts provided by law or by agreement of contracting parties. The second chapter focuses on describing the principles of legal act whilst aiming especially on manifestation of will as the essence of legal act. Besides that this chapter deals with creation of legal acts and their legal effects. The chapter three defines the four essential elements of legal acts - the elements of subject, the elements of will, the elements of manifestation of will and the elements of the object of legal acts. The fourt chapter continues with description of legal acts that suffer from defect in one or more of their essential elements,...
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Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
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Invalidity and Ineffectiveness of Legal Acts in the Insolvency Proceedings
Cibulková, Kristýna ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The thesis (as its name suggests) deals with the issue of invalidity and ineffectiveness of legal acts in the context of insolvency proceedings. First of all, the very concept of invalidity and ineffectiveness of legal acts is explained, followed by explanation of the causes of occurrence of these institutes, as well as their consequences and overall their place in the context of the Czech legal order. Following this excursion, the regulation of these two institutes both in the insolvency and civil legal codes is compared, as is compared their regulation both in the currently effective legal regulation and in the previous no longer effective one. The aim of this comparison is, first of all, to depict the evolution of the institute of invalidity and ineffectiveness in the Czech legal system and to find out how and why the regulation has changed. Such knowledge is important both theoretically and practically, since it defines which sources (including court decisions) created under the older regulation are still applicable under the new regulation. Secondly, the aim of this comparison is also to find out and define how the invalidity and ineffectiveness depend on each other, as well as how these two institutes regulated by insolvency and civil codes depend on each other (if they do at all). This again...
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Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
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