The topic of this thesis is liability for defects in business transactions, or using the terminology of the effective Civil Code, obligations from non-performance. Rights from non- performance are one of the most important legal instruments regarding liability, together with liability for damage and liability for delay, all arising from pecuniary contracts, mainly from purchase contracts and contracts for work. With respect to the elapsed recodification of civil law, obligations arising from non- performance are no longer subject to two codes (in Act No. 40/1964 Coll., Civil Code and in Act No. 513/1991 Coll., Commercial Code), they are now governed only by Act No. 89/2012 Coll., the effective Civil Code. Civil code and its provisions are therefore the main part of this thesis. Moreover, some parts of the thesis contain comparison of the effective Civil Code to the preceding legislation, i.e. the Commercial Code, and to some international treaties as well. The first chapter, which follows right after the preface, contains sources of this thesis. The second chapter deals with the concept of obligations arising from non-performance, compares them to other areas of civil law dealing with liability, and later deals with the concept of commercial obligation. The third chapter talks about the provisions...

The thesis is focused on the legal concept of unjust enrichment specifically in relation to the area of business law. Although the basic legal regulation relevant also for the area of business law was, and even after the adoption of the new private law codes, still remains in the civil code, the thesis endeavors to focus on certain specifics related particularly to the business relations. For these purposes it deals, in less or more detailed manner, also with other legal concepts, which are significant for the topic and closely related (such as limitation of claims resulting from the unjust enrichment, good faith of legal entities, invalidity of legal acts etc.). The thesis analyses legal acts regulating the institution of unjust enrichment for the area of private law, eventually specifically for the business relations. Especially in the areas where the legal text itself is not exhaustive, it supplies also analysis of relatively extensive case law (available so far only in respect of the previous legislation), eventually also the analysis of expert opinions. It draws attention to certain conflicts in interpretation of individual legal provisions. Considering the recent essential change of the private law basis (new private law codes) the thesis provides to a considerable extent comparison of the...

The liability of the employee for damage in theory and practice The purpose of this thesis is to analyse the national legislative framework and highlight the differences between theory and practical application of the employee's liability for damage caused to the employer. The reason for my research is based on the fact that the importance of this issue is increasing driven by the fact that more people are employed with the multinational corporations. And there is an obvious trend to broadly interpreted, unilaterally extend and refine duties of the employees to such an extent that it is appropriate to raise a question, whether these approach is still in accordance with the law. Especially due to the fact, that such duties are often bound by sanctions in the form of claiming damages or even termination of the employment by notice. While the Labour Code in its general provisions clearly states that the adjustment of the employee's duties may only be stipulated as a result of bilateral legal negotiations. The thesis is composed of nine chapters, some of which are further internally divided into sub- chapters. Chapter One is introductory and contains my considerations of the importance of Labour Law, examine its historical development in recent decades and its current status within the national legislative...

Unterhalt zwischen den Eltern und den Kindern Resümee Meine Diplomarbeit beschäftigt sich mit dem Thema des Unterhalts zwischen den Eltern und den Kindern. Dieses Thema betrifft fast jeden von uns, entweder als den Unterhaltspflichtiger oder als den Unterhaltsberechtigter. Meiner Meinung nach ist das Thema des Unterhalts zwischen den Eltern und den Kindern sehr interessant und immer aktuell und verdient Beachtung der ganzen Gesellschaft. Das erste Kapitel meiner Arbeit erklärt die Grundbegriffe dieser Problematik, als der Unterhalt, seine Arten und Funktionen. Dieses Kapitel beschreibt auch kurz die historische Entwicklung der rechtlichen Regelung der Unterhaltspflicht und grenzt die Subjekte der Unterhaltspflicht ab. Die gröβte Aufmerksamkeit wird in meiner Arbeit der Unterhaltspflicht gegenüber dem Minderjährigen gewidmet, weil die rechtliche Regelung dieser Art der Unterhaltpflicht am wichtigsten und gesellschaftlich am bedeutendsten ist. Meiner Arbeit beschäftigt sich vor allem mit den Kriterien für die Festsetzung der Höhe des Unterhaltsbeitrags, der Zeitdauer und der Weise der Leistung des Unterhalts. Das wichtigste Problem stellen die Gerichtsentscheidungen über die Höhe des Unterhaltsbeitrags dar, die ab und zu in ähnlichen Fällen bedeutend unterschiedlich sind. Darum hat das Justizministerium im...

The goal of this thesis is to evaluate and analyse legislation of membership rights and responsibilities transfer in cooperatives in Czech Republic. The legislation of this institution is quite austere and ambiguous leading to various problems in practice. This thesis is divided into five parts. The first part defines main sources of legislation on which current cooperatives are based on. The second part defines basic concepts of cooperative law, e.g. a cooperative, membership, membership share, membership rights and responsibilities and their relations. This part presents cooperative principles and outlines basic structure of each type of cooperative. The third one is the main part of the thesis and deals with legislation of membership rights transfer and responsibilities in general. It contains analysis of the specifics of membership rights and responsibilities among cooperative members and transfer between a cooperative member and a third person - a non-member. In addition, peculiarities of membership transfer in housing cooperatives are discussed. The next chapters focus in detail on legislation applied to the rights and responsibilities agreement, its content formalities, characteristics of the parties, issues of (non)corruption and its form. The fourth part contains a detailed explanation of...

Maintenance between parents and children Resumé My thesis deals with the mutual maintenance of parents and children in theory and in practice and the thesis consists of ten chapters. The topic of alimony is a very current topic. Our society is constantly changing and its relations in the families as well. The families which are functioning decrease so the needed family members have to seek for their rights. Each of us is a parent or a child, so this topic affects all of us. The first chapter defines the basic concepts of my thesis, such as the concept of maintenance obligations, the differences between different types of maintenance obligations, the definition of subjects of maintenance obligations and the differences between the Czech and the International legal system. The final part of the first chapter discusses the new regulations of maintenance obligations, which will come into effect with new Civil Code. The main chapters focus on alimony obligation of parents to children and on alimony obligation of children to parents. I discuss the basic concepts and I define them. In those chapters the newly created tables from the Ministry of Justice for calculating the alimony with its application in the practice of Czech courts, where also the latest judiciary decisions are mentioned, also are taken into...

This thesis deals with legal regulation of entering into business contracts under the Czech private law. It contains explanation of contractual relationships, explanation of the term business contract and explanation of single examples of entering into contracts. The main legal regulation of contract settlement for business contracts is included in the Civil Code and the Commercial Code contains differences for business relations. The Civil Code regulates typical process of entering into contracts between two parties - offeror and offeree. The Commercial Code follows this legal regulation from the Civil Code and in addition it contains other possibilities of contracting in the form of public proposal and public tender. The Civil Code contains legal regulation of the contract on future contract. The Commercial Code contains this regulation as well, but it is more detailed. This could be the reason, why the draft of the new Commercial Code is in the matter of contract on the future contract inspired by the Commercial Code. Regarding the current situation in legislative process, the current Civil Code will be replaced with the new one, which, of course, will affect law of contracts according to the Commercial Code. The new Civil Code will displace duality of law of contracts, which was created by...

Non-Contractual Obligations in Private International Law This thesis deals with non-contractual obligations in private international law. The most important law in this area is the Rome II Regulation on the law applicable to non-contractual obligations that applies since 11 January 2009. The Regulation creates a common regime of conflict of law rules for most civil and commercial non-contractual obligations. The general rule is the law of the place of injury (lex loci damni). The rule is subject to two exceptions, the common habitual residence exception and a general escape clause based on the closer connection principle. Special rules are laid down for some non-contractual obligations, such as product liability, unfair competition and acts restricting free competition, environmental damages, infringement of intellectual property rights, unjust enrichment, negotiorum gestio and culpa in contrahendo. However, in most cases, the parties may agree on the law applicable to the non- contractual obligations between them. Post-tort agreements may be made between all parties whereas pre-tort agreements are allowed only where all the parties are pursuing commercial activity. Where the Rome II Regulation does not apply the courts will look to the relevant national legislation, which is the Private...

UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA Ing. Vojtěch KMENT Vnitřní předpisy a právní řád České republiky Bylaws and the legal system of the Czech Republic Diplomová práce Vedoucí práce: JUDr. Karel Beran, Ph.D. Katedra: Katedra teorie práva a právních učení Datum vypracování práce: srpen 2011 Abstract (english): Bylaws and the legal system of the Czech Republic The purpose of my thesis is to provide some theory on bylaws which will help to identify their existence and particularly the legal obligations and/or rights they constitute. I located areas in which the bylaws may exist in the context of the legal system of Czech Republic, conditions of their valid promulgation and other circumstances when they may constitute legally binding obligations or rights. This thesis uses the term bylaws for the abstract normative acts which are not generally binding and which do not constitute the common contracts, i.e. the common concept in which they are used within the current Czech law. Bylaws are traditionally considered out of the scope of interest of the academic as well as the professional lawyers as legal documents of a very low degree. Yet they exist and proliferate nearly everywhere and establish a vast amount of various legal obligations or even rights which the average citizen quite often finds difficult...

OFFSET ON BUSINESS TRANSACTIONS Topic of this thesis is set-off in commercial relations. It is structured in three main chapters which deal with the most relevant issues and problems related to set-off in commercial relations. Not only it analyzes the current state of law and case law but tries to interpret Act No 89/2012 Coll., New Civil Code. First part of the thesis aims at the preconditions for set-off. Firstly, the possibility of set-off of foreign currency claims in New Civil Code is discussed. It also reflects upon the long standing discussion of set-off of due rights against rights which are not due. Then it proceeds to new precondition for set-off - certainty of rights. Author of this thesis argues that such precondition refers to reasonable doubts as to the existence and value of the right. Second part of the thesis deals with set-off of two or more rights and obligations. Author analyzes problematic aspects of current case law which en bloc excludes such possibility with the result that notice of set-off has to be overly specific. Controversy of the current case law, moreover, lies in the fact that it contradicts the previous case law which (in the author's view correctly) do not excessively distinguish between set-off and performance of the obligations. Admittedly, some author's...