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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Contracting autonomy in construction of types of shares and its limits
 Karabut, Petra ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
This thesis deals with the currently effective legislation on types of shares, which is still relatively new in the Czech Republic as the recodification took place approximately four years ago. The main act that is a subject to the examination of this thesis is the Act no. 90/2012 Coll., on Commercial Companies and Cooperatives (The Business Corporation Act), which provides the main regulation of shares. The aim of this thesis is to find out limits that restrict the contracting autonomy, which was widely broadened with the recodification of the Czech private law, in the process of creating different types of shares. The thesis is divided into four main chapters. First chapter introduces the shares as a type of securities or book-entry securities along with the main characteristics of a share. It also defines an important term for this thesis - the type of share - and the basic types of shares recognized explicitly by the Business Corporation Act. The second chapter concerns with the construction of the types of shares and its limits. It describes the contracting autonomy - one of the main principles of the private law - and different limits of this liberty. These include basic principles of the private law, commercial law principles and company law principles, the provisions of the Civil Code and...
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Applicable Law in International Commercial Arbitration
 Coufalová, Jitka ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Applicable Law in International Commercial Arbitration (Abstract) The aim of this thesis is to analyse the choice of applicable law in the international commercial arbitration from three perspectives: applicable law of an underlying agreement, applicable law of an agreement to arbitrate, and applicable law of procedural aspects of arbitration proceedings (lex arbitri, arbitrability). Furthemore, the thesis is alco focused on elements related to the choice of applicable law, for instance the principle of party autonomy and limits of the choice of applicable law. To answer the main three above-mentioned questions regarding applicable law, comparative method is used and subsequently number of foreign legal regulations on arbitral proceedings as well as arbitral awards and relevant case law are analyzed. Theoretical approaches to the choice of applicable law are therefore confronted with their potential application and modifications in practice.
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