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Direct representation in civil law - general remarks
Kříž, Josef ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 DIRECT REPRESENTATION IN CIVIL LAW - GENERAL REMARKS Abstract The subject of this theses are general remarks to direct representation as a historical and fundamental institute of private (substantive) law. The thesis is therefore devoted to the interpretation of general provisions of the Civil Code concerning direct representation (contained in Sections 436 to 440). These fundamental issues include, in particular, the nature of the direct representation, as an institute, and the authority to represent, as the power of one person to act for another. Furthermore, the author of this work concerns the distinction between different types of direct representation, the distinction between legal relationship between agent and principal concerning representation and the other potential legal relationship that may exist between those two, and the requirement to prove authority to represent to a third party. An extensive part of the thesis is devoted to the scope of the agent's authority to represent the principal and the consequences of acting without a such authority. This part includes issues related to acting with a conflict of interests, the personal acting of the agent and requirement of collective action of several agents. The aim of this thesis is to interpret relevant legal provisions consistently and at...
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The conflict of interest of the providers of investment services and the modes of its resolution
Juřica, Adam ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The aim of this thesis is to analyze conflict of interest which is connected to investment services as well as its current and upcoming regulation. The reason for that is quite obvious - there simply is a lot of going on within financial market and its regulation right now. This particular issue might seem to be theoretical and technical, though the consequences are crucial for practice in today's sophisticated, global and complex financial market that is under pressure from the public and politicians. The thesis is composed of six chapters, each of them dealing with different sorts of regulation of conflict of interest, except for Chapter One that is introductory, defines basic terminology used in the thesis and its purpose as well as points out basic questions that are answered in conclusion. First question is whether or not regulate conflict of interest. If so, what is the direction that should be followed by legislators - prevention, management of conflict of interest etc.? And is current regulation of conflict of interest sufficient and effective? And in that regard is it correct to differentiate more between retail and professional investors? I present answers based on my deep and precise research. Chapter Two describes conflicts of interest in general and then particularly in the area of...
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Promoting protection of cultural values in protection of woody plants
Dienstbier, Filip ; Pouperová, Olga ; Vícha, Ondřej
A diagnostic feature of objects of garden and landscape architecture, that are recognised as cultural monuments, are growing elements, of them indisputably the most important category are the elements of woody vegetation - trees and shrubs. These, however, are besides the cultural preservations subject to nature and landscape protection, as they have biological and aesthetic values, as well as ecological values. For this reason they are subject inter alia to protection provided by nature protection bodies according to the Act on nature and landscape protection. Interests on protection of woody plants from the prospective of cultural preservation on one hand and the prospective of nature and landscape protection on the other, may depending on the specific circumstances supplement each other or may be indifferent, but they may also differ and collide with each other. These methods are a new instrument for effective promotion of interests on cultural preservation in decision-making on the protection of woody plants outside forests. The methods provide with a comprehensive set of recommendations, both substantive and procedural, how bodies of cultural protection and owners of cultural monuments or other entities concerned should proceed when dealing with trees growing outside forests. The recommendations are defined for basic model situations.
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