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The imposition of penalties on the concurrence of crimes and recidivism
Hrubá, Michaela ; Heranová, Simona (advisor) ; Pelc, Vladimír (referee)
The imposition of penalties on the concurrence of crimes and recidivism Abstract This final thesis deals with the imposition of penalties on the concurrence of crimes, recidivism and related quasi-recidivism. The aim of the thesis is to comprehensively analyse the current legal regulation on the basis of an analysis of the statutory regulation, the related case law and professional publications, and to supplement this analysis with the own considerations and de lege ferenda proposals of the author of this thesis. Furthermore, the Czech legal regulation is compared with the Italian legal regulation, which demonstrates a different approach to punishing concurrence and recidivism. The thesis has been written using the descriptive, analytical, synthetic and interpretative methods, especially linguistic and teleological interpretation. The comparative method was also used, in particular for comparing the Czech and Italian legal regulations. Structurally, the thesis is divided into four chapters. The first chapter of the thesis deals with the definition of the terms concurrence of crimes, recidivism, and also quasi-recidivism, while pointing out selected issues, which occur while distinguishing these forms of multiple offences. The second chapter of the thesis analyses the legal regulation regarding the...
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The comparison of the approaches towards concurrence of employment relationship and membership in the statutory body of a company in the Czech and German regulation
Dvořák, Michal ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
(English) The presented work deals with the position of persons who are supposed to perform the function of a member of the statutory body of a legal entity in the employment relationship, as the status of these members of the statutory body has been disputed in Czech law for a very long time. Since approach to this issue in the neighboring Federal Republic of Germany is equally interesting and the professional public, including the German Federal Court of Justice, regularly expresses itself to the question of the concurrence of employment and membership in the statutory body of a business corporation at least since the middle of the last century, I have chosen a comparison of approaches in Germany and the Czech Republic to this issue as a tool for explanation of the whole issue, familiarization with the view from a different angle and also for obtaining of any inspiration for solving this legal issue in Czech law. With the help of the descriptive, analytical and comparative method I analyzed the concurrence of the functions of employees and members of statutory bodies in Czech law and the law of the Federal Republic of Germany, I also took into account the current case law of the European Court of Justice in this matter. By comparing the legal regulations of both countries, I learned that...
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Restriction of Performance of Other Gainful Activity During the Employment Relationship
Šimon, Pavol ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Title of thesis: Restriction of Performance of Other Gainful Activity During the Employment Relationship Abstract This diploma thesis deals with the issue of restriction of performance of other gainful activity by employee during his employment relationship. In accordance with the wording of the legal provision governing the employee's obligation not to compete with his employer by performance of other gainful activity, it may seem that this is fairly clear regulation. However, further examination provides more detailed view that the provision conceals several aspects which may be confusing for employees. Such misunderstanding of this restriction may frequently lead to breach of that duty, without awareness of employee. It is therefore no exception that the Supreme Court of the Czech Republic often deals with the settlement of disputes concerning void termination of an employment relationship, which occurred by the employer due to a breach of the employee's obligation not to perform other gainful activity which is prohibited by law. By studying this case-law thoroughly, it is possible to find out boundaries between what is considered to be a violation in question and what is not. In fact, the legislation imposes the restriction on the performance of other gainful activity on the employer's scope of...
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The concurrence of employment with function of the statutory body in the business corporation
Wejmelka, Radek ; Pichrt, Jan (advisor) ; Drápal, Ljubomír (referee)
72 SUMMARY The concurrence of employment with function of the statutory body was many times resolved in the practice and the judicature but almost after 25 years of judicature development there is no united view, whether the concurrence of employment with function of the statutory body is permissible under the Czech law or not. The main purpose of this thesis is to submit an analysis of this legal problematics in terms of commercial and labour law with overlaps into social security law and tax law with summary of the relevant judicature. The first chapter of this thesis is focused on the general definition of legal entities and natural persons. The second chapter follows up the performance of function of the statutory body in terms of commercial law particularly regarding the conditions and the rights and obligations of member of the statutory body. The third chapter mainly focuses on the employment in terms of labour law and on comparisons of the labour law and commercial law legal relationship. The fourth chapter provides an overview of historical development of the judicature regarding possible solutions found in judicature of High Court in Prague and Supreme Court of the Czech Republic and the arguments for and against the admissibility of concurrence of employment and function of the statutory body in...
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