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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Tryzna, Jan (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Flaws of the legislative procedure and the legislation itself
Zámečníková, Marie ; Suchánek, Radovan (referee)
The dissertation called "Flaws of the legislative procedure and the legislation itself" aims to describe the main problems and flaws of the legislative procedure and the current condition of the legislature. It deals with the question of the cause of the current unintelligible and disorganized law. The paper analyses the situation in the Czech Republic, Germany and Austria. The thesis deals with four main questions. First, what kind of law the legislator should create. The question is answered by the description of the formal attributes of the law. Subsequently, it is put into question how the legislator should create such law. The duties of the legislator are described as those which were deduced by the German Federal Constitutional Court. In the chapter which deals with the question of how the legislator creates such law in reality, the particular safety measures and particular flaws of the legislative procedure are described. Finally, the last question analyses what kind of law is created by the legislator in reality, i. e. it deals with the problems of the current legislature which are specifically caused by the so called flood of laws. In conclusion, the thesis answers the question whether there is a connection between the particular flaws of the legislative procedure and the particular flaws...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Flaws of the legislative procedure and of the legislation itself
Zámečníková, Marie ; Kysela, Jan (advisor) ; Mlsna, Petr (referee) ; Filip, Jan (referee)
The dissertation called "Flaws of the legislative procedure and the legislation itself" aims to describe the main problems and flaws of the legislative procedure and the current condition of the legislature. It deals with the question of the cause of the current unintelligible and disorganized law. The paper analyses the situation in the Czech Republic, Germany and Austria. The thesis deals with four main questions. First, what kind of law the legislator should create. The question is answered by the description of the formal attributes of the law. Subsequently, it is put into question how the legislator should create such law. The duties of the legislator are described as those which were deduced by the German Federal Constitutional Court. In the chapter which deals with the question of how the legislator creates such law in reality, the particular safety measures and particular flaws of the legislative procedure are described. Finally, the last question analyses what kind of law is created by the legislator in reality, i. e. it deals with the problems of the current legislature which are specifically caused by the so called flood of laws. In conclusion, the thesis answers the question whether there is a connection between the particular flaws of the legislative procedure and the particular flaws...
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Legal regulation of divorce in the Czech Republic and in Italy
Argalášová, Marta ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The present diploma thesis deals with the comparison of the institute of divorce in two European countries, the Czech Republic and Italy, in the perspective of both substantive law and procedural law. A brief historical excursus, which serves as a better introduction into the problem as a whole, is followed by an analysis of the characteristics of divorce that Italy and the Czech Republic have in common, as well as the differences between both laws, whereunto the procedural legislation in both countries follows. Attention is paid also to extentions to other legal fields that relate with the divorce: maintenance obligations and the regulation of relations between parents and minors after the divorce. A view on the whole subject area is completed by being put in the frame of international law.
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Contract of sale in czech law
Růžek, Lukáš ; Švarc, Zbyněk (advisor) ; Žák, Květoslav (referee)
The very purpose of this thesis is a legal analysis and comparison of codifications of contract of sale in particular acts. The first part of this thesis concerns czech private law (czech civil and business law), and it deals with both current and future statutes. The second part is dedicated to contract of sales either in international private law and written law of a few countries (Germany, Austria, Slovakia).
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Comparison of enterprise in the Czech Republic and Switzerland
Andrášová, Zuzana ; Kalinová, Miluše (advisor) ; Švarc, Zbyněk (referee)
This work deals with the comparison of enterprise in the Czech Republic and Switzerland from the legal point of view. The focus is on the company law and comparison of the main characteristics of business units existing in the both countries. In the first chapter, general characteristics of enterprise are briefly introduced, including the legal definitions. Second chapter includes overview of possible business units and short introduction of a sole trader as a natural person and of the companies as juristic persons. In the following chapter, legal sources are described by which the enterprise is regulated in both countries. The last chapter is the most important part of this work, which deals with the comparison of the mostly used forms of companies in both countries. This part is focused on the differences shown in both legal relulations in connection with the structure of the certain form of company and its internal and external relations. At the end of each subchapter is mentioned also practical use of the company.
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