National Repository of Grey Literature 256 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Collective Actions in Selected Legal Systems from a Consumer Protection Perspective
Nováčková, Daniela ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Class Actions in Selected Legal Systems from a Consumer Protection Perspective The thesis is dedicated to the topic of collective actions in the new legislation at the EU level (contained in Directive 2020/1828 on representative actions1 ) and in the national legislation in selected EU Member States - the Czech Republic, Poland and Portugal. The aim of the thesis is to examine and evaluate which legislation on collective actions for damages is the most favourable for consumers in the selected EU Member States and thus provides the greatest level of legal protection for consumers. In the case of the Czech Republic, the legislation under examination is that contained in the Draft Act on collective proceedings,2 which has not yet been enacted into law. At the same time, the thesis examines whether the Directive on representative actions at all provides EU Member States with a legal framework allowing them to set up national legislation on collective actions in the most consumer-friendly way. The structure of the thesis is divided into 9 chapters. The Introduction is followed by Chapter 2, which starts by introducing some basic terms in the field of collective actions, such as collective action, opt-in and opt-out systems, etc., of which the understanding is essential for the following chapters....
Class proceedings in Czech legislation
Vodička, Jakub ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Class proceedings in Czech legislation Abstract The thesis deals with the class proceedings in the Czech legislation. Its aim is to contribute to the expert debate about the emerging class proceedings legislation within the Czech civil procedural law. For this reason, the thesis analyses the topic of the class proceedings, which the Czech expert public has treated mostly theoretically so far. The thesis focuses on the published bill on the class proceedings that was considered by the Czech Chamber of Deputies until 2021. Apart from a critical analysis of the legislative text, the thesis compares it with other relevant regulations and foreign approaches. The comparison provided is two-fold: firstly with the new European Directive on Representative Actions, secondly with the Austrian legal approach to class action. From a methodological viewpoint, the thesis mostly uses the analytical, comparative and synthetic methods. Within the analysis of different legislations, the author uses a positivist approach, while during the analysis of the suggested legislation the methodological approach is normative. In the introduction, the thesis examines the class action institute from a theoretical viewpoint. Subsequently, the current Czech class action legislation included in the Code of Civil Procedure is analysed along...
The prohibition of consumer's discrimination
This bachelor thesis describes consumer protection, especially the prohibition of consumer's discrimination. It defines a role of consumer which results from the Czech law and from the European directives and regulations. It focuses on description of the forms of circumvention of enacted legislative, for example geo-blocking or other discriminations practices which are based on the country of origin, gender, age etc. Furthermore, the thesis focuses on the finding and interpretation of the case law of the Czech Supreme Administrative Court and Czech Constitutional Court and the consequences of the things mentioned above for the consumer and businessmen. The result of the thesis is the research of the consumer knowledge of mentioned issue, his rights and methods of available defence according to the law. The outcome of the thesis is also consumer's opinions about an ongoing pandemic COVID-19 and associated restrictions, which can be perceived as a form of discrimination of consumer.
Concluding contracts out of business market and consumer behavior
Protection of a consumer is an interesting topic because each one of us is assuming the role of a consumer on a daily basis. Therefore, we should tend to learn more about consumer rights to prevent us from being a victim of fraudulent claims from the producer. A missing consumer's knowledge has become the key to the assumption that the consumer is on the weaker side when it comes to entering into contracts. Therefore the government of a country must provide sufficient legal protection to a consumer. The purpose of this thesis is to give an overview to a reader about various possibilities of consumer protection when entering into contracts outside of usual business premises so that the reader can gain a knowledge of his rights and related legislation. The objective of this thesis is to find out consumers' experience with and opinions on entering into contract outside of usual business premises, as well as the processes of a relevant supervisory body in this area and to present a proposal for improvement. To get acquainted with consumer protection issues and off-premises contracts, theoretical research related to this topic was prepared. Then, in the practical part, data from the questionnaire were collected together with an interview with agent Zbyněk Prousek.
Consumer protection in articles of food
This thesis describes the rights and obligations of consumers who are the part of the international trade. It focuses on consumers protection of the Czech Republic and the European Union. Legislation of the country should be able to ensure food safety. The consumer protection law ensures consumer protection in the Czech Republic and provides help with business practices such as unfair commercial practice. There are also supervisory authorities in the Czech Republic for example the Czech Agriculture and Food Inspection Authority and The State Veterinary Administration. These supervisory authorities supervise food safety. In the twenty-first century more people trade online with less personal interaction. The quality of consumer information and their knowledge becomes very important. The marketing research aims to analyse consumer protection in articles of food and find out the level of knowledge of food law. A research instrument is a questionnaire. The thesis includes a summarization of the work results.
The aim of this bachelor thesis is the market analysis based on the inkjet cartridges selection possibilities from the consumer point of view. For this reason there were used data acquired from the research of the Consumer Defence Association and information of own survey. The competitive environment was evaluated by the Porter{\crq}s model of five forces. Finally, the market was analyzed from the consumer protection point of view. During the evaluation of obtained information was found that the cartridge market is governed by price competition. In the respondents answers was often quoted that the reason for the purchase of remanufactured cartridges is their cheapness. Concerning the color cartridges was indicated, that their infrequent purchase is bases on their higher price. Other competition arose between the companies with original and alternative cartridges. The companies selling the original cartridges are using the chips to prevent cartridges from renovation. In the market analysis from the consumer point of view was found problems. It was induced by the impact of the competitive fight between the alternative and original cartridges by the chip implementing (into the original cartridges). These chips burden final consumers with the higher cartridge price increasing the printing costs as well. Besides, the main function of these chips is the restriction of the cartridge renovation. It is also interesting, that the printer prices are usually twice higher that the cartridges. This phenomenon appeared as a subsequence of the printer prices decreasing. However the aim of this activity was to remain on the market, it lead leads to the price increase of printer services, supplies and accessories. Considerable obstacle for the consumers is a bad labeling of the cartridges. There is a bad awareness especially in case of cartridge volumes. The guarantee loss by using the alternative cartridge is also a problem. The printer manufactures do not want to bear the responsibility for the products not recommended by them.
Unfair terms in consumer contracts
Pružinská, Lucia ; Čech, Petr (advisor) ; Patěk, Daniel (referee)
Unfair terms in consumer contracts Abstract This master thesis deals with the unfair terms in contracts concluded with consumers. Firstly, the main notions associated with the topic of unfair terms are described, especially the notion of consumer as it is a crucial term for the purpose of this thesis and notions related to it such as entrepreneur, or seller of goods and supplier of services, and consumer contract. Further it deals with the key EU legislation in the context of unfair terms, which is mainly the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The principle of minimum harmonisation on which this Directive is based upon is also explained. Moreover, the case law of the Court of Justice of the European Union, which is indeed rich, considering the length of time period the Directive has already been in force, and has often undergone major developments, is one of the main focus points. In the light of the case law it aims to explain which terms are considered to be unfair, and which aspects are essential to that assessment. These include, for example, the concept of inadequacy and transparency, significant imbalance of rights and obligations or fairness. It explains how these concepts are interpreted and what are the consequences of such unfair terms, in particular...
Business contracts concluded with consumers
Svoboda, Radek ; Liška, Petr (advisor) ; Patěk, Daniel (referee)
Business contracts concluded with consumers Abstract The thesis focuses on the issue of two instruments of control over the content of the contract, which protect consumers from abuse of autonomy of will by the entrepreneur - the protection against unfair contract terms in consumer contracts and the protection against surprising clauses in consumer terms and conditions. The first part of the thesis deals with the issue of unfair terms in consumer contracts, the regulation of which is a transposition of Directive 93/13 EEC. In this part, the form of transposition into the Civil Code is discussed, including their shortcomings, and a comparison of the Czech regulation with the Directive is made. Attention is also paid to the forthcoming amendment to the Civil Code, which aims to remedy the shortcomings of the regulation. Firstly, the purpose of protection, the main principles underlying the protection and the scope of the regulation are presented. The issue of exceptions to the assessment of fairness as a guarantee of the preservation of the principle of autonomy of the will, is then analysed. Following this, the criteria of the fairness test, the procedure by which courts assess the unfair nature of contractual terms, are presented. This is followed by an analysis of the issue of lists of unfair terms. In the...
Consumer protection in insurance
Bezoušková, Tereza ; Patěk, Daniel (advisor) ; Tomášek, Petr (referee)
1 Consumer protection in insurance sector Abstract This thesis deals with the issue of protection of consumers on the insurance market, who are interested in taking out non-life insurance. The level of protection of these customers is being analysed in the timeframe up until the conclusion of the insurance contract, i.e. the thesis deals with obligations of entities subject to distribution law during the process of negotiating with the customer for the purpose of conclusion of insurance, including the obligations set for insurance proposals and carrying out other preparatory work leading to the conclusion of an insurance contract. The above described is closely related to insurance distribution, especially to the obligations of entities subject to distribution law performing this activity. These obligations include requirements for the entities (professional requirements and requirements to ensure the proper exercise of the activity) and at the same time there are legal regulations that regulate the manner of the interaction of the entities with their customers. The thesis primarily focuses on these obligations that are included among the so-called rules of conduct. The obligations related to the provision of advice and pre-contractual information obligations are then analysed in detail. The aim of this...
Specific aspects of creating consumer contracts of sale on the internet
Houdek, Zdeněk ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Specific aspects of creating consumer contracts of sale on the internet Abstract The topic of this thesis are the Specific aspects of creating consumer contracts of sale on the internet, meaning the specifics that appear during the process of concluding a contract. It aims to describe the specificities that are associated with several aspects of the conclusion of this type of contract, whether as a consequence of consumer protection, the regulation of the distance type of contracts, or the features of the Internet environment. It also aims to identify ways in which these specificities can be overcome in order to conclude a valid purchase contract. To this purpose, it analyses the current statutory provisions, which are applied to the situations regularly associated with internet shopping, while pointing out possible differences in foreign legislation, in particular in the German, Austrian and Slovak legal systems and, to a limited extent, in the legal systems of Hungary and France. The thesis offers de lege ferenda considerations at the final part. The thesis is based on the theoretical definition of a contract, on the requirements of the process of its conclusion, but also on the requirements of the legal act itself. It analyses in depth the regulation of the contracting process, which does not...

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