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The possibility of using law and economics as a tool for application and interpretation in the field of right to privacy and peronality rights
Monček, Vladimír ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
The possibility of using law & economics as a tool for application and interpretation in the field of right to privacy and personality rights Abstract This thesis is focused on the area of economic analysis of law (law & economics) and it is based on an assumption that law & economics is a suitable addition to other methods of interpretation, especially as a part of purposive interpretation. We apply economic analysis to the field of privacy and personality rights, especially intrusion into privacy by libel, or slander. In other words, we use law & economics to help solve conflict between privacy rights and free speech rights. The thesis has six main parts. In introduction (part 1) we discuss reasons for the choice of this topic and formulate hypothesis, which is: (i) that law & economics can help distinguish which situations are covered by privacy rights protections, (ii) that using law & economics one can valuate privacy and therefore estimate damages for infringement of privacy rights and (iii) law & economics is capable of estimating pecuniary damages for infringement of personality rights. In the second part we focus on history of privacy rights in the United States from its humble beginnings in an academic paper by Samuel Warren and Louis Brandeis to its modern iterations, such as reproductive rights...
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Ekonomická analýza energetického práva
Vystrčil, Filip
This thesis deals in detail with the economic analysis of energy law from the perspective of sanctions for offences defined in more detail by Czech and European legislation. The aim was to identify individual sanctions resulting from the Energy Act and to compare their effectiveness with the development of earnings before taxes of selected companies. The main finding was that the performance of energy companies and penalties for offences do not evolve at the same pace. The thesis concludes by recommending an amendment to the Energy Act to modify the existing categories of offences and to increase the maximum amount of fines set at a 'fixed rate' by at least the average increase in the consumer price index.
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Theory of Decision Making in Public Law and Private Law Corporations
Broulík, Jan ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
2 Jan Broulík - Theory of Decision Making in Public Law and Private Law Corporations Abstract The thesis analyses Czech legal regulations concerning decision making in bodies of corporations. For the purposes of this analysis it employs mainly the apparatus of the economic analysis of law. Its basic concepts are also outlined. The author focuses on two kinds of legal entities which are public universities and joint stock companies. The ethical-legal connections and the significance of corporate governance in the decision making domain are presented. The analysis of the legal norms shows how reasons of the economic analysis of law correspond with provisions regulating body elections, body competence allocation and the body decision making procedure. The criterion for evaluating the quality of legal norms is effectiveness, meaning an increase of social wealth. The main detected imperfections are a missing provision allowing a long distance voting for joint stock companies' general meetings, a missing tool for the cases where a shareholder breaches his loyalty duty which leads to not passing of a general meeting decision and the mandatory nature of the duty of care. Judicial decisions important for joint stock companies' decision making are presented. These decisions concern with the decision making of a sole...
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Unicameralism in the constitutional system of the Czech Republic?
Musil, Jiří ; Kysela, Jan (advisor) ; Antoš, Marek (referee)
The present Master's thesis seeks to analyze the constitutional system of the Czech Republic in the point of its bicameralism compared to the constitutional system of Hungary, the Republic of Poland and the Slovak Republic. The work's hypothesis assumes the bicameral parliament states are more successful than unicameral in their economic indicators. This assumption is based on the fact being a state of law where all activities must be in compliance with law which is given by a parliament and economy of the state is determinated by the quality of the rules. This paper does not use the mainstream way of constitutinal law or political science analysis as a main method but prefer the Law and Economics (LAE) and the first mentioned is used as corrective element only. GDP per capita is used becouse of its eligibility to be the most depictive economic indicator. Due to the lack of relevant data set World Bank statistics in US dollars of recent price level are used. The mentioned countries were chosen as the low rate of unobserved heterogenity states, decreasing the possibility of inexact analysis but these countries are different in the number of parliament houses and it permits to use Difference-in-differences method (DID). The used DID is very similar to the placebo response and it helps to distinguish...
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Economic Analysis of Law in the Field of Liability for Damage
Przeczek, Michal ; Bažantová, Ilona (advisor) ; Borkovec, Aleš (referee)
Economic Analysis of Law in the Field of Liability for Damages This thesis focuses on the application of economic analysis of law, which is an approach enabling an alternative view of legal institutions because of its specific methodology. Although this theoretical school originated in the common law system, which is still its realm, the thesis shows potential overlaps to the system of civil law. Questions concerning civil liability for damages are examined as an example of a possible application. The initial chapter of the thesis is concerned with introducing the economic analysis of law. At first, it briefly describes its historical development including links to some related schools. Foundations, areas of resesarch, basic concepts and methodology are also examined in this chapter. The specific application of economic approach in relation to civil liability for damages is discussed in the second part. It describes the choice between negligence and strict liability, problem of causation and procedural aspects of claims for compensation for damage. Special attention is drawn to the Learned Hand test established by case-law as a method to assess the conditions of liability. This method is based on considering economic criteria using a cost analysis. The part dealing with behavioral findings extending...
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Law & Economics as applied on the area of insolvency
Krb, Štěpán ; Bažantová, Ilona (advisor) ; Hraba, Zdeněk (referee)
Insolvency law is one of the fields of law that most influence economic relationships. Its creation, interpretation and application is crucial both in ex ante and ex post paradigms, in that it influences the future behavior of legal entities and determines the rights and obligations of creditors, stakeholders and the debtor. Bringing about interpretations which lead to legal uncertainty and to perceived economic injustice influences the tendency to enter into transactions negatively. Therefore, the creation, interpretation and application of insolvency law should follow the principle of the least and necessary ingressions and always serve to fulfill its purpose. All three processes should be - given the prevailing economic dimension of insolvency - complemented by economic analysis as a tool to discover the true effects of insolvency law and to correct the same.
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Law and Economics and Decision Making Processes in Corporations
Broulík, Jan ; Tryzna, Jan (referee) ; Beran, Karel (referee)
Jan Broulík - Law and Economics and Decision Making Processes in Corporations Abstract The thesis analyses Czech legal regulations concerning decision making in bodies of corporations. For the purposes of this analysis it employs mainly the apparatus of the economic analysis of law. Its basic concepts are also outlined. The author focuses on two kinds of legal entities which are public universities and joint stock companies. The main difference between these two kinds of legal entities, which also impacts the decision-making processes, is the great extent of governmental interventions in public universities. The analysis of legal norms shows how reasons of the economic analysis of law correspond with provisions regulating (i) body elections, (ii) body competence allocation and (iii) the body decision making procedure. The criterion for evaluating the quality of legal norms is effectiveness, meaning an increase of social wealth. The detected imperfections are for example (i) prevailing filling of bodies of universities in accordance with the principle of seniority, rather than according to the management skills of candidates (ii) the impossibility of protection against breach of shareholder's loyalty duty which leads to not passing of a general meeting decision and (iii) the mandatory nature of provisions...
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An Economic Analysis of the Cross-Border Insolvency Proceedings within the context of the Changes of the Council Regulation (EC) No 1346/2000
Juhás, Juraj ; Richter, Tomáš (advisor) ; Břízová, Pavla (referee)
The content of this bachelor thesis is an economic analysis of the cross-border insolvency proceeding held according to the Council regulation (EC) No 1346/2000 on insolvency proceeding and proposals of its amendment. It is focused mainly on changes regarding the possibility to request an opening secondary proceeding and changes regarding the insolvency of groups of companies. A basic framework for evaluation of a profitability of a secondary proceeding opening for a concrete creditor was introduced at the end of the chapter II. It involves three main factors: ratio of relative shares on the realization of debtor assets in the case a secondary proceeding was opened and in the case I was not opened; additional incomes caused by the fact that the debtor assets were administered as a whole (the assets were not liquidated by parts in several parallel insolvency proceedings) and transaction costs. The proposed changes of the cross-border insolvency law in the European Union concerning a limitation of the right to request the opening of a secondary proceeding and obligatory cooperation between proceedings regarding a member of the same group of companies are then evaluated with respect to this basic framework.
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Liberal theory and practice of competition law
Horych, Jan ; Tryzna, Jan (referee)
Liberal theory and practice of competition law Abstract The presented thesis focuses on the matter of competition law from the point of view of selected schools of economic thought. The goal of the thesis is to provide a comprehensive insight into the content and nature of legal norms in the field of competition law and offer a comparison of views of specific traditions of economic theory on the selected bodies of legislation in force. The wider objective of the thesis is to explore the application possibilities of the findings of various economic theories to legal phenomena, with the thesis exploring both the anglo-american branch of economic analysis of law and heterodox approaches, that originate from the continental economic theory and jurisprudence. To this end, the thesis picks three distinct schools of economic thought, that are commonly labeled as liberal, these being the Austrian, Chicago and Freiburg school of economics, each having different methodology, theoretical and analytical conclusions and prescriptive suggestions. Bodies of legislation in force selected for the purposes of this thesis are competition law statutes of the Czech Republic, the Federal Republic of Germany and the EU. The Structure of the thesis applies the "from general to specific" method of explanation, i.e. introductory...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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