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Duty of care, skill and dilligence in Czech court case law
Klusáková, Barbora ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
The purpose of the diploma thesis "Duty of care, skill and dilligence in Czech court case law" is to analyze the approach of Czech courts case law to the selected issues related to the duty of care, skill and dilligence and to evaluate it with regard to the interpretation of legal regulation, doctrinal interpretation, theoretical and historical knowledge. The thesis consists of two main chapters which deals with research of two actual questions selected to the purpose of the thesis. The first chapter deals with the question whether the duty of care, skill and dilligence can be considered as an objective or subjective standard, i.e. according to which standard should the actions of persons who are obliged to act with the duty of care should be measured. Based on the performed analysis, the author's own opinion on the issue is expressed and subsequently the approach of the Supreme Court of the Czech Republic in its individual decisions is evaluated. The concept of care as a subjective sharpening of the objective standard is critically evaluated. The second chapter is devoted to the issue of the nature of the duty of care, specifically the question of whether it can be considered lawful or contractual with regard to changes in the law of liability after the recodification of civil law. Its solution...
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Duty of care, skill and dilligence in Czech court case law
Klusáková, Barbora ; Eichlerová, Kateřina (advisor) ; Patěk, Daniel (referee)
1 Abstract The purpose of the diploma thesis "Duty of care, skill and dilligence in Czech court case law" is to analyze the case law of the Czech courts with regard to the legal regulation of the institution "duty of care" and to the opinions of the legal doctrine. The thesis consists of three main chapters. The first chapter deals with the theoretical and historical bases of the care of a proper manager, it encounters especially the issues of corporate governance and the Roman and Czech historical development of the term. The second chapter is focused on the current concept of proper managerial care and its partial aspects. The argumentation of the court with regard to the conclusions of the legal doctrine is analyzed and criticized in more detail. The last chapter presents the institute of the rule of business judgment, corrective standard of care. Its principles and conclusions of the court are examined in more detail. The analysis showed that the case-law conclusions of the Supreme Court of the Czech Republic are applicable even after changes in the legal framework within the recodification of private law, albeit with minor exceptions. In particular, the case law of the Criminal Senate and some of its conclusions are criticized. Nevertheless, it can be summarized that we can rely on the interpretation...
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Duty to act with due managerial care in the course of management of a joint stock company in the Czech Republic with regard to the regulation in Great Britain
Bezpalec, Zdeněk ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
in English Duty to act with due managerial care in the course of management of a joint stock company in the Czech Republic with regard to the regulation in Great Britain. This thesis deals with duties of members of board of directors, especially with the duty of care, skill and diligence. The aim of the thesis is to analyze in detail the duty of care, skill and diligence owed by the members of board of directors to the company. Another aim of the thesis is to compare a legal framework of duty of care, skill and diligence according to the commercial code (‚obchodní zákoník') with the legal framework of duty of care, skill and diligence according to the (new) civil code (‚občanský zákoník') and to predict whether the existing cases could still be applicable in the future. The last and perhaps the most significant aim of the thesis is to compare the Czech legal framework of the duty of care, skill and diligence with the English legal framework of the above mentioned duty. The english corporate law has been developing for centuries, thanks to which the comparative part of the thesis is not only a theoretical treatise, but also a stimulative inspiration for the Czech legal system de lege ferenda.
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