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Specificity of the position of an entrepreneur in concluding business contracts
Kocián, Jan ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
This diploma thesis deals with specificity of the position of an entrepreneur in concluding business contracts. Entrepreneur is mainly viewed as a professional with presumed substantial advantage over non-business parties, especially over consumers. This fact corresponds to his lower level of legal protection, whilst he is obliged to obey higher level of duties and to withstand more limitation in his relationship towards non-business parties, including when he is contracting with them. However, there are some protecting rules in favour of the entrepreneur; these are considered in this work as well. Such rules reflect plain reality, in which the entrepreneur might be in fact the weaker party. Right after definition of fundamental terms, as business law, business contract and entrepreneur are, is further attention aimed to specific legal instruments, some of which are novelty to the Czech legal system. These are pre- contractual negotiation, pre-contractual liability and legal documents used in context with them, esp. in the B2B relationship. Next topic is concluding contracts of adhesion, and position of the entrepreneur as the weaker party. Following chapter is dedicated to deviations from general rules of contracting, namely to modified acceptance of an offer, business confirmation letter and legal...
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Specificity of the position of an entrepreneur in concluding business contracts
Kocián, Jan ; Horáček, Tomáš (advisor) ; Josková, Lucie (referee)
This diploma thesis deals with specificity of the position of an entrepreneur in concluding business contracts. Entrepreneur is mainly viewed as a professional with presumed substantial advantage over non-business parties, especially over consumers. This fact corresponds to his lower level of legal protection, whilst he is obliged to obey higher level of duties and to withstand more limitation in his relationship towards non-business parties, including when he is contracting with them. However, there are some protecting rules in favour of the entrepreneur; these are considered in this work as well. Such rules reflect plain reality, in which the entrepreneur might be in fact the weaker party. Right after definition of fundamental terms, as business law, business contract and entrepreneur are, is further attention aimed to specific legal instruments, some of which are novelty to the Czech legal system. These are pre- contractual negotiation, pre-contractual liability and legal documents used in context with them, esp. in the B2B relationship. Next topic is concluding contracts of adhesion, and position of the entrepreneur as the weaker party. Following chapter is dedicated to deviations from general rules of contracting, namely to modified acceptance of an offer, business confirmation letter and legal...
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Legal aspects of provision and protection informations in entrepreneurial activities
Švarc, Zbyněk ; Boháček, Martin (advisor) ; Koucká, Jiřina (referee) ; Vojčík, Peter (referee) ; Sabo, Mikuláš (referee)
Conscious and carefully planned decision making is a part of management containing planning, organization, operative management, motivation and control. All these components of management as well as their effective functioning are dependent on knowledge, data transfer and information processing and holding. If their acquisition is not or cannot be dependent on an activity of deciding subject itself (or dependent on an optional cooperation with other subjects) and data and information are essential and determinant in social point of view, then the third persons must be bound to provide them. A duty to provide such information must be set by legal rules. For purposes of this work, an information duty is specified as a legally binding duty of certain subject to provide information to another subject whose breach results in a rise of legal liability. Objects of this duty are data and information recognized by legal regulations as relevant for control and decision process. Subject of this work is a description and subsequent analysis of regulations of information duty in business relations in domestic legislation, especially information duty of entrepreneurs towards customers and consumers. Fighting this aim, contract basis of information duty is accentuated. The analysis of information duty is further coupled with characteristics of elementary legal tools how to protect the authors, providers and receivers of data and information, and also with the essential characteristics of public and private responsibility for breach of information duty.
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Dohody o volném obchodu ES s třetími zeměmi
Chaloupka, Jiří ; Štěrbová, Ludmila (advisor) ; Cupák, Patrik (referee)
Práce se věnuje dohodám o volném obchodu, jež Evropské společenství uzavřelo se třetími zeměmi, s výjimkou EHP, nebo o kterých dosud jedná. Dohody o volném obchodu jsou jedním z nástrojů společné obchodní politiky ES. Do jejich obsahu se promítá strategie ES ve vnějších ekonomických vztazích, ovšem nemalý význam na jejich podobu má i mnohostranný obchodní systém WTO a také zájmy obchodních partnerů. V jednotlivých kapitolách je analyzován obsah dohod o volném obchodu a také jejich dopad na vzájemné obchodní vztahy.
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