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Disqualification of members of governing bodies (and other persons) as consequence of their breach of duty
Ichnovská, Simona ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
This diploma thesis deals with the disqualification of members of governing bodies (and other persons) as consequence of their breach of duty. The aim of the thesis is to determine whether the current form of disqualification is an effective mean of protection of business corporation, as well as to propose possible alternatives that would better achieve the objective. The thesis is divided into an introduction, four main parts and a conclusion. The first chapter is more general as it deals with the purpose of the institute of disqualification. At the same time, it emphasises the source of inspiration for the Czech legislation - Company Directors Disqualification Act 1986 governing the disqualification of directors in the UK - and discusses the liability for breach of duty because of its impact on the subsequent disqualification proceedings. The content of the second chapter is to determine the range of persons who may be disqualified from holding office. It focuses on the narrowing of the personal scope introduced by the amendment to Act No. 33/2020, the issue of persons in a similar position and the consequences for them, as well as the de facto directors with regard to their special status. The legal conditions necessary for a disqualification order are the subject of third chapter, particularly...
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Insolvency delicts of business corporation's governing body members after major amendment to the Business Corporations Act
Prošek, Jan ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
1 Insolvency torts of members of the statutory body of a business corporation after a major amendment to the Commercial Corporations Act Abstract This work, Insolvency torts of members of the statutory body of a business corporation after a major amendment to the law on business corporations, focuses first on the institutes of care of good stewardship and business judgment, which are the key basis for the application of penalties for insolvency torts. Furthermore, this work discusses the issue of insolvency torts and their penalties before the major amendment to the Business Corporations Act and their adjustment after this amendment. The aim of the thesis is to introduce the reader to the issue of insolvency torts and their penalties, then to evaluate both of these adjustments and compare their most fundamental changes. In this context, the work also includes the elaboration of the most relevant case law to date, which will be strongly reflected in future decisions on the application of penalties for insolvency torts, as amended, especially in matters of due diligence and business judgment. At the same time, this work contains the elaboration of the most fundamental questions that often arose during the application of penalties for insolvency torts before the amendment and whether and possibly what solution...
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Insolvency delicts od business corporation's governing body members after major amendment to the Business Corporations Act
Prošek, Jan ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
1 Insolvency delicts od business corporation's governing body members after major amendment to the Business Corporations Act Abstract This work, Insolvency delicts od business corporation's governing body members after major amendment to the Business Corporations Act, focuses first on the institutes of care of good stewardship and business judgment, which are the key basis for the application of penalties for insolvency torts. Furthermore, this work discusses the issue of insolvency torts and their penalties before the major amendment to the Business Corporations Act and their adjustment after this amendment. The aim of the thesis is to introduce the reader to the issue of insolvency torts and their penalties, then to evaluate both of these adjustments and compare their most fundamental changes. In this context, the work also includes the elaboration of the most relevant case law to date, which will be strongly reflected in future decisions on the application of penalties for insolvency torts, as amended, especially in matters of due diligence and business judgment. At the same time, this work contains the elaboration of the most fundamental questions that often arose during the application of penalties for insolvency torts before the amendment and whether and possibly what solution was reached in this...
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Disqualification of a governing body member and other persons from their positions in a business corporation
Lála, Daniel ; Čech, Petr (advisor) ; Liška, Petr (referee)
Disqualification of a governing body member and other persons from their positions in a business corporation Abstract The master thesis analyses the regulation of disqualification of directors and other persons from the management of a business corporation. The purpose of this study is to introduce in detail the grounds for disqualification and to define persons who might be disqualified based on each particular ground, moreover, to describe a scale of effects of a disqualification order and to deal with the consequences of acting while being disqualified. The attention is also drawn to several interpretative problems, which are construed. Additionally, the thesis reflects the regulation of the English Company Directors Disqualification Act 1986 and the relevant English case-law. Except for the introductory part and the conclusion, the thesis is divided into six chapters. The first chapter looks briefly at the disqualification as such and its purpose. Additionally, it is generally described, who might be disqualified. Special attention is paid to the person that is in a similar position as a director and to the influential and controlling persons. The second and the third chapters deal with particular grounds for disqualification. Firstly, it is focused on the disqualification which is pre-conditioned by...
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Disqualification of governing body members (and other persons) from their positions in a business corporation
Vítek, Dominik ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
1 Abstract: Disqualification of governing body members (and other persons) from their positions in a business corporation As of 1 January 2014 a new act no. 90/2012 Coll., Business Corporations Act, has been effective in the Czech Republic. Among the other new legal instruments, the Act has incorporated a regulation of disqualification of governing body members (and other persons) from their positions in a business corporation. This master thesis aims at determination of particular grounds for the disqualification and impacts of its application. Further, persons who may be disqualified under the pursuant to the particular grounds are defined in the thesis. The aim of the thesis is to find a general rules governing the disqualification and to determine limits of its application. The thesis also defines other persons (positions) which the disqualified person will not be allowed to hold and perform due to the court's decision. The author uses descriptive and analytical methods to interpret the legal regulation, which is joined with comparison of Czech and British legislation as the British legislation was one of the main sources. The Act is interpreted based on grammatical, logical, teleological, systematic, and partially historical interpretation methods. Within the comparison the author focuses on the...
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Punishment of disqualification and its control
Makovička, Jaroslav ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal of this work is to analyze the regulation of the disqualification of activity in the Czech legal system, to describe the control of its execution and especially the pitfalls associated with control and, last but not least, to propose changes in legislation. The text of the thesis is divided into nine chapters, some of which contain subchapters. In conclusion, I summarize and assess the results of the work set out in its introduction. The first chapter discusses the theoretical nature of punishment and its purpose in general and then specifically the punishment of disqualification itself. The second chapter traces the historical development of the punishment of disqualification. The third chapter is divided into three subchapters. The first of them represents the system of punishments in the Czech legal system, the other specifically focuses on alternative punishments and the last is focused only on the punishment of disqualification. The fourth chapter, divided into four subchapters, is devoted to the imposition of the punishment of disqualification and its imposition. This part of the work outlining the practice of the courts is based mainly on...
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Punishment of disqualification and its control
Marková, Michaela ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
This thesis focuses on disqualification punishment in all of it phases. Its main objective is to provide the detailed insight into imposing this punishment. It also tries to answer the question whether the disqualification can be considered one of the alternative punishments or not. At first, general issues of sentencing and purpose of penal law are researched, including Czech penal system. As a next subject of the research, punishment of disqualification is analyzed: from substance and purpose of punishment, through conditions upon which it can be imposed, phases subsequent to imposition (execution of sentence, supervison of execution) to conditional suspension of sentence. Separate chapters try to explicate disqualification from driving motor vehicles, sentencing of youth offenders and legal entities. Extra chapter is dedicated to historical development of the institute. Comparation with legislation of some of the European countries is also included.
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Punishment of disqualification and its control
Raus, Pavel ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal is to describe and evaluate the legal regulation of this punishment in Czech criminal law and its application. This diploma thesis also proposes possibilities for improvements of the regulation in this field. In the first chapter the thesis deals with the place of the disqualification in the criminal law system, the purpose of this penalty and its possibilities as an alternative non-custodial measure. It also describes other legal institutions in different fields of law which also restrict freedom to perform some activities. The second chapter is focused on imposing the penalty of the disqualification. This chapter deals with the conditions under which this penalty may be imposed, its content and scope or its length. This part offers a view on application of this punishment via case law and Ministry of Justice statistics. The third chapter is focused on the specifics of the disqualification imposed on minors and on the differences of the punishment of the disqualification imposed on legal persons. The fourth chapter analyses the enforcement of judgments imposing punishment of disqualification. In this chapter, attention is paid to the period of...
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