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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....
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Weaker Party and Consumer in E-commerce
Kmoch, Štěpán ; Elischer, David (advisor) ; Selucká, Markéta (referee) ; Rozehnal, Aleš (referee)
Weaker Party and Consumer in E-commerce Abstract The guiding principles of private law include the principles of equality and autonomy of the will. The question of access to freedom of contract is highly relevant for contracting in e-commerce, given the almost exclusively adhesive nature of contracting. Real inequality and restrictions on freedom of contract undermine these principles, and one of the functions of the law is to balance the resulting asymmetry in the legal position of persons, which is something that the legislator, particularly the European legislator, has long sought to do. The ambition of this dissertation is first to take a notional step back and, thanks to my legal specialization in e-commerce law, to critically evaluate the legislator's efforts, which I do more comprehensively in Chapters 4 and 5. For these purposes, I place the relevant legislation (which includes indirect consumer protection legislation such as the GDPR or the ePrivacy Directive) in the broader social context of the world of e-commerce. In doing so, I proceed systematically. First, I address issues such as the position of e-commerce in the economy, digitization, automation of work, and, last but not least, the data economy. I then elaborate on the legislative objectives of the legislator and, based on the data...
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Perspektiva maloobchodního prodeje obchodních řetězců s ohledem na právní úpravu ochrany spotřebitele
Remunda, Kamil
This diploma thesis evaluates the Czech retail market for food and consumer protection benefits for the customer with the division into a public-private law parts. An important theme of the work is the effect of the Act on significant market power on the retail entities. Part of the work is devoted to food quality criteria, which significantly affect the chain stores. The results of the work are intertwined with the subjective assessment of customers that were obtained from a questionnaire focused on consumer behaviour when purchasing food and its contribution to the improvement of consumer protection for the customer in the buying decision process.
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Ochrana spotřebitele v cestovním ruchu
Zapletalová, Jitka
Zapletalová, J. Consumer protection in tourism. Bachelor thesis. Brno: Mendel Uni-versity, 2014. This bachelor thesis deals with issuesin connection law and consumer protection in tourism. The theoretical part focuses on the definition of terms related to tou-rism and consumer protection. In the practical part is evaluated a questionnaire which is focuses on the experiences of consumer with complaints about service from travel agencies. It compares the claim rules selected travel agencies. In conclusion, recommendations are given for consumer and travel agencies.
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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...
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The prohibition of consumer's discrimination
DANIEL, Adam
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.
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Concluding contracts out of business market and consumer behavior
JANČUROVÁ, Aneta
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.
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