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Information obligations of financial market entities towards the Czech National Bank
Havlovicová, Jaroslava ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
Information obligations of financial market entities towards the Czech National Bank Abstract The information obligations imposed on financial market participants are one of the most important mechanisms for supervisors to properly exercise their powers. In the absence of information obligations on financial market participants, regulation of their activities would be 'blind'. The thesis aims to provide a thorough presentation of the theoretical foundations on which the information obligation is based. It characterises the supervisory authorities at national and EU level, defines their powers and the tools used by obliged entities to provide information. On the other hand, the characteristics of each group of obliged entities and the legal framework of their activities are defined. At the same time, the work does not neglect the closely related issue of consumer protection, which is a significantly weaker party in the environment of financial markets in the legal relations arising here. The rigorous thesis focuses in detail on the legal regulations embedding the information obligation into the Czech legal system, in particular the laws regulating specific sectors of the financial market and the sub-legal regulations of the Czech National Bank, on the basis of which the obliged entities fulfil their...
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The institution of pre-contract liability in theory and practice
Kraus, Radek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Diese Arbeit behandelt das Thema "Rechtsinstitut der vorvertraglichen Haftung in Theorie und Praxis". Die ganze Arbeit ist in drei Teile gegliedert und zwar "Der Begriff der Vorvertraglichen Haftung", "Die Komparative Analyse der ausländischen Rechtsordnungen" und "Das tschechische Konzept der vorvertraglichen Haftung". Das Hauptziel dieser Arbeit ist, die praktischen Aspekte der vorvertraglichen Haftung zu beschreiben, was aber ohne ausreichende theoretische Grundlagen unmöglich ist. Die Doktrin culpa in contrahendo (Verschulden beim Vertragsabschluss) wird Rudolph von Jhering zugeschrieben, denn er hat im Jahre 1861 als erstes die charakteristischen Züge der vorvertraglichen Obligationen beschrieben. Der Autor ordnet in dem ersten Teil dieser Arbeit noch die vorvertragliche Haftung in das Rechtssystem ein. Die zum Teil von dem Autor entworfene Definition dient dann in dem zweiten und dritten Teil zu dem einfacheren Vergleich der Konzepte von vorvertraglicher Haftung in verschiedenen Rechtsordnungen. In dem zweiten Teil wird zuerst das deutsche Konzept der culpa in contrahendo beschrieben, wie es sich von R. von Jhering über die Schuldrechtsmodernisierung bis zum heutigen Tag entwickelt hat. Die Entwicklung der deutschen Auffassung der vorvertraglichen Haftung von der materiellen zur formalen...
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Specificity of joint stock companies with state property interest
Janků, Jan ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Specificity of joint stock companies with state property interest Abstract This diploma thesis focuses on state-owned stock companies. This thesis aims to focus purely on stock companies with only short introductions to other forms of state ownership of corporations. The goal is to identify state as a legal entity and also as a shareholder. The other goals are an analysis of obligation to provide information and lastly a brief analysis of some other specifics when it comes to state-owned stock companies. The first part dealing with the identification of the state aims to sufficiently isolate stock companies from other possible state-owned corporations, while interpreting the relevant legal provisions combined with relevant court decisions. The second part focuses in detail on the obligation to provide information of state- owned stock companies. The goal is to analyze the relevant decisions of the Czech Constitutional Court in relation to the Act on freedom of information. Other chapters of this part focus on obligation to provide information in relation to Act on public procurement and to Act on the contract register . This second part heavily relies on judicial practice of both national and EU institutions. The third part deals with certain other specifics, which relate to state-owned stock companies....
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Consumer protection options for one-sided contracting in the financial sector
Bažant, David ; Liška, Petr (referee)
Consumer protection options for one-sided contracting in the financial sector Abstract This thesis analyses the problems between consumers and business professionals in the financial sector. The author has chosen this topic because it seriously impacts everyone who intends to sign a contract for financial services. The significant imbalance between the contracting parties brings a risk that the stronger and more informed party will abuse its position to gain a disproportionate advantage. A legal system tries to redress this imbalance through the legal institutes for consumer protection. The law maker seeks to prevent the undesirable events that have occurred in the past and continue to occur by interfering with private law relations because of the public interest in consumer protection. The aim of the thesis is to provide an overview of the available options of consumer protection and to evaluate legal institutes that are the most effective for consumers. The thesis is primarily based on the analysis of the regulations and l legal publications, conceptual documents prepared by the European Union bureaucracy. Furthermore, the analysis presented here, evaluates the implementation and adoption of the European directives and the approach of the courts in selected Member States in the review of unfair terms....
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Private and Public Law Aspects of Doorstep Selling
Veverková, Svatava ; Frinta, Ondřej (referee)
The diploma thesis deals with private and public law aspects which are specific of doorstep selling. The main goal of the thesis is a complex analysis of these aspects, with emphasis put on the issue of consumer protection. The thesis further examines drawbacks of the Czech legislation de lege lata on the theoretical level as well as in applicational practice and confronts these drawbacks with de lege ferenda proposals.
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Specificity of joint stock companies with state property interest
Janků, Jan ; Eichlerová, Kateřina (advisor) ; Čech, Petr (referee)
Specificity of joint stock companies with state property interest Abstract This diploma thesis focuses on state-owned stock companies. This thesis aims to focus purely on stock companies with only short introductions to other forms of state ownership of corporations. The goal is to identify state as a legal entity and also as a shareholder. The other goals are an analysis of obligation to provide information and lastly a brief analysis of some other specifics when it comes to state-owned stock companies. The first part dealing with the identification of the state aims to sufficiently isolate stock companies from other possible state-owned corporations, while interpreting the relevant legal provisions combined with relevant court decisions. The second part focuses in detail on the obligation to provide information of state- owned stock companies. The goal is to analyze the relevant decisions of the Czech Constitutional Court in relation to the Act on freedom of information. Other chapters of this part focus on obligation to provide information in relation to Act on public procurement and to Act on the contract register . This second part heavily relies on judicial practice of both national and EU institutions. The third part deals with certain other specifics, which relate to state-owned stock companies....
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Allergen labelling in catering facilities
MALÁTOVÁ, Tereza
The new EU food legislation established an obligation to indicate allergens to prepared meal and defined specific ways of providing this information. The aim of this work is to look for possibilities of allergen labeling on menu. This work is devoted to the analysis of customer satisfaction with individual ways of information about allergens. In conclusion, there is a recommendation that includes the requirements of European legislation and the opinions of customers of catering facilities.
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Legal regulation of content of B2C contracts (from the perspective of consumer protection)
Krahulíková, Kateřina ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
This diploma thesis deals with the content of the consumer contract and its regulation from the perspective of consumers. The aim of this thesis is to analyse this particular regulation, decide whether it is sufficient, where can be seen some deficiencies and whether the regulations fulfil its function, that is to protect the weaker party. The thesis is divided into five fundamental parts. The first one is concerned with the introductory issues, such as the consumer itself, consumer protection, why is the consumer actually protected, the principles on which is the protection based. The second part looks into the unfair terms in consumer contracts. The emphasis is placed on problematic provisions with respect to the Court of Justice case-law as well as the national case-law. An independent head is devoted to the possibility of the contractual penalty in terms of trade. The third section deals with contractual information requirements. It summarizes the European regulation. It also compares the preceding regulation with the new one in order to find the current tendencies. The contractual information requirements are viewed critically, based on specialized comments and analysis. The national regulation is divided into the general regulation and consumer regulation considering the difference between...
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Information duty in pre-contractual negotiations
Vrběcký, Matouš ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Information duty in pre-contractual negotiations Act no. 89/2012 Sb., the Civil Code, has brought many changes into the private law. The new Civil Code within the frame of pre-contractual liability among other things explicitly embedded in the provision of Section 1728 Subsection 2 the so called general information duty, i. e. a duty of the contracting parties to notify each other of certain circumstances prior to the conclusion of the contract. The paper aspires to define the term and the scope of general information duty with the help of the comparison of approaches toward this duty in other states and with the help of existing judicial (both Czech and foreign) decision making. In certain aspects, documents of European Contract Law were also taken into account owing to the fact that the European Contract Law was used in the process of drafting the valid and effective Civil Code. Even though many sources were used while writing the paper, the scope of general information duty could not be definitely determined. With respect to the fact that no explicit and distinct limits of this duty are set, the main source of knowledge will be judicial decision making which should take a consistent attitude toward a complex issue of general information duty which is inseparably related to the Economic Analysis of Law....
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