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Withdrawal from a contrant in business relations (consequences)
Vacek, Jan ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Withdrawal from contract in business relations (consequences) Summary Withdrawal from a contract i the instute available to parties that find a contract to be unsound or damaging and that seek to be released from their contractual obligations. The conditions under which a party has the right to withdraw from a contract can be set out in the contract itself, but if the contract does not make specific provision for this then a right to withdrawal may be mandated by law. Following a party's withdrawal from a contract, both (or all) parties will find themselves in a new situation with new mutual rights and obligations. This paper focuses on the regulations governing the consequences of withdrawal from a contract as set out in the Czech Commercial Code. A major aspect of this is an analysis of the theoretical conception of withdrawal ex nunc (one of the most important legal concepts distinguishing current commercial regulations from the regulations set out in the General Civil Code). This paper examines the obligations that end with contract withdrawal, the obligations that survive and outlast the termination of a contract, and the new obligations that bind and affect the parties to the contract once the contract has been terminated by withdrawal. In these contexts, the fate of hedging instruments (such as...
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Transformations of the German energy policy after nuclear incident in Fukushima
Špeciánová, Sára ; Nigrin, Tomáš (advisor) ; Mlsna, Petr (referee)
On 11th March 2011 was Japan hit by tsunami, which caused among others the accident in nuclear energy station in Fukushima. This disaster has influenced the German energy policy a lot and this despite the fact that Japan is situated on the other side of the world. The real risks of nuclear power in Germany didn't change as well. This paper follows the changes of energy policy that were caused by the accident. Because of the long-term character of energy decisions, is it important to mention the period of red-green alliance, which was very essential. The paper concentrates on the years 2010 and 2011, when the most changes happened. The changes in nuclear sector and renewable sources sector are described more in detail. The aim of this paper is the qualitative description of these changes and the evaluation of their consequences and the overall impact on the German power industry. The nuclear disaster in Fukushima accelerated the development within the energy transition, which started in 2000. The changes were very fast and the biggest impact was caused in nuclear sector, which was the acceleration of nuclear phase out. In renewable sources sector was the effect minimal, the targets remained unchanged. The energy transition goes very well, despite some negative effects. In future would it be...
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Creation and termination of the position of a member of the governing body of a limited company
Hřebejková, Tereza ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Text of this thesis deals with the creation and termination of the position of a member of the governing body of a limited company. The first part of this text sets out the conditions under which this member is legally able to perform in his position, these are full legal capacity, no record of criminal conviction and there are no obstacles to undertaking a trade in the meaning of the Act No. 455/1991 Coll. The text also mentions the provisions § 38l of the Commercial Code, for it still applies on some cases on behalf of the provision § 779, paragraph 3 of the Act on Business Corporations. This text of this thesis continues to deal with the consequences of incapacity to perform in this position and states that in this case, the creation of such position is seen, as it never happened. In the case of capacity to perform in a position being lost after the position was created, the position terminates. Newly, a legal entity can become a member of an elective organ. However, to perform in this position, they have to choose a natural person as their representative. If there is no representative, the legal entity is represented by a member of board of directors or a company director. There were warnings of a possibility of multiplication, as there may be legal entities in such statutory bodies. Further,...
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Termination of office of the member in a governing body of a limited company
Oulíková, Lenka ; Čech, Petr (advisor) ; Zahradníčková, Marie (referee)
Termination of office of the member in a governing body of a limited company (Vacation of Company's Directors) This paper examines the process of resignation of members of the organs of a company. It considers both protection of the member and the company. In the first part it analyzes several issues concerning the interpretation of section 66 of the Commercial Code on the basis of judicial decisions. It focuses on the following issues: the purpose of statutory provisions; ways to notify the resignation; on which day the resignation should have been discussed; who is obliged to summon the meeting and what consequences follow the breach of this duty. The Supreme Court has ruled that the protection of a company and its director is equally important. Resignation can be notified either at the meeting or delivered to the company. The director is obliged to do whatever may be reasonably required of him to ensure the organ concerned is given a real opportunity to discuss the resignation. If the director does not fulfill their duties and the resignation is not discussed, their tenure will not end. The end of the tenure cannot always be conditioned by convening the general meeting or placing the discussion of the resignation on the agenda. If a director cannot be rightfully required to summon the general meeting,...
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Change of the German nuclear energy policy after the accident of nuclear power station in Fukushima
Svobodová, Tereza ; Nigrin, Tomáš (advisor) ; Mynaříková, Romana (referee)
Germany decided in summer 2011 to stop using the atom as a source of energy. Politicians responded this way because of resistance of the society to the nuclear power. This opposition grew after the accident in Japanese power station Fukushima in March 2011. This thesis deals with German nuclear power policy and the anti-nuclear movement. It will trace it from its beginning in 1998, when the Green party was for the first time in government and the first nuclear power phase-out was decided, until the year 2012. The moves of mostly political participants are analysed in connection to Fukushima accident. The aim of this analyse is to describe the changes in German energy policy and to find reasons for the decision to give up nuclear power. The paper comes to conclusion that the reason for the amendment of nuclear act and thereby gradual disconnection of all nuclear power stations was not only because of the demand by the public, but also the pressure of the opposition on the government. The government tried to keep their voters, alternatively the bigger coalition partner CDU/CSU wanted to open another coalition possibility with one of the oppositional parties. Germany will have to build in following years not only new power stations, but also intelligent nets as well. If the Germans want to keep their goals...
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The Nuclear Power Phase-out of Germany in 2011
Fingl, Filip ; Nigrin, Tomáš (advisor) ; Mlsna, Petr (referee)
This bachelor thesis deals with the nuclear phase-out of Germany in 2011. The main objective of this thesis is to clarify what is the rationale behind this phase-out and whether it was a purely political concession or if there were some other reasons why to do so. It also contemplates possible aftermaths for Germany, caused by this phase-out. Another part deals with possible consequences for Czech Republic, especially for its energy sector. In the first part the attention is devoted to a historical usage of nuclear power in Germany, then the thesis deals with the period around Fukushima's disaster and its impact on German society and politics. The following part attends to clarify the perspectives of German energy phase-out- wise and special attention is given to possibilities of the future development. In the last part the most important outcomes for Czech Republic are being discussed.
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Withdrawal from a contrant in business relations (consequences)
Vacek, Jan ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
Withdrawal from contract in business relations (consequences) Summary Withdrawal from a contract i the instute available to parties that find a contract to be unsound or damaging and that seek to be released from their contractual obligations. The conditions under which a party has the right to withdraw from a contract can be set out in the contract itself, but if the contract does not make specific provision for this then a right to withdrawal may be mandated by law. Following a party's withdrawal from a contract, both (or all) parties will find themselves in a new situation with new mutual rights and obligations. This paper focuses on the regulations governing the consequences of withdrawal from a contract as set out in the Czech Commercial Code. A major aspect of this is an analysis of the theoretical conception of withdrawal ex nunc (one of the most important legal concepts distinguishing current commercial regulations from the regulations set out in the General Civil Code). This paper examines the obligations that end with contract withdrawal, the obligations that survive and outlast the termination of a contract, and the new obligations that bind and affect the parties to the contract once the contract has been terminated by withdrawal. In these contexts, the fate of hedging instruments (such as...
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Consumer Contracts and possibility of withdrawal
Holeček, Václav ; Kotoučová, Jiřina (advisor) ; Vaněk, Jakub (referee)
This bachelor's thesis deals with the problematics of consumer contracts, the conception of which is relatively new in the Czech law system. The goal of this thesis is to give the reader the general idea about the principles of the consumer contracts problematics, its legal regulations and possibilities, how to defend oneself in particular situations, especially how to witdraw from the contract. The reader will learn, what actually consumer contracts are, who can be the participant of that contractual relations, then something about the legal institutes, which provide the protection to the consumer, especially we will focus on situations, when the consumer has the right to withdraw the contract. Due to the rising popularity of purchaces realized via internet is this thesis also going to devote to contracts made by the means of the communication at distance. Also contracts made out of the business premises are mentioned. In context of holidays we will mention also the contracts called time-sharing. At the end of the thesis we are to have a look at the most often types of consumer contracts, namely contract of purchase and contract for work, and how and when to withdraw from them.
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Exaction an outstanding debts in banking
Hlouchová, Jaroslava ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The Master thesis describes comprehensively all action of exaction an outstanding debts in banking since origin of defaulted credit up to execution. In the thesis the action of out of court exaction is briefly explained. Nevertheless, the main part of the thesis is takes heed of the judicial exaction. The thesis deals with the selected points at issue from the sphere of judicial trial, compares the judicial trial with the trial of arbitration in point of view their effectiveness. The thesis explains process of debt restructuring an outstanding debt and compares also types of executions. Conclusion of the thesis highlights a question of sale an outstanding debts and leave their management to collecting companies. The aim of the thesis is to provide a well-arranged instruction to banking institutions how to exact their outstanding debts effectively and bring the advantages and disadvantages of particular ways of exaction to attention. At the same time this thesis should be a contribution for public in order to become acquainted with the action of exaction an outstanding debts in banking.
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