This diploma thesis examines the concept of business management. It is a concept that falls within the scope of the statutory body, one of the main and obligatory organs of business corporations. Since this is a concept which is not defined anywhere in the legislation, the thesis focuses on what the concept itself involves, and what on the other hand cannot be considered as a business management. The thesis also explains how it is seen in terms of professional literature and case law. The concept is also distinguished from other kinds of decision-making process that takes places inside (within) business corporations. This thesis compares particularly the former legislation which was replaced, with the effect from 1 January 2014, by the two main private codes, the Act No. 89/2012 Coll., the Civil Code and the Act No. 90/2012 Coll., the Act on Business Corporations. Those two codes are being a huge step for the Czech law in general and are bringing definitely some changes and news to the concept of business management. There is also mentioned the progress of business management in time in the final thesis. One of the diploma chapter deals with couple of changes brought to the Act No. 513/1991 Coll., the Commercial Code by the amendment No. 351/2011 Coll. The business management is a concept which is...

72 SUMMARY The concurrence of employment with function of the statutory body was many times resolved in the practice and the judicature but almost after 25 years of judicature development there is no united view, whether the concurrence of employment with function of the statutory body is permissible under the Czech law or not. The main purpose of this thesis is to submit an analysis of this legal problematics in terms of commercial and labour law with overlaps into social security law and tax law with summary of the relevant judicature. The first chapter of this thesis is focused on the general definition of legal entities and natural persons. The second chapter follows up the performance of function of the statutory body in terms of commercial law particularly regarding the conditions and the rights and obligations of member of the statutory body. The third chapter mainly focuses on the employment in terms of labour law and on comparisons of the labour law and commercial law legal relationship. The fourth chapter provides an overview of historical development of the judicature regarding possible solutions found in judicature of High Court in Prague and Supreme Court of the Czech Republic and the arguments for and against the admissibility of concurrence of employment and function of the statutory body in...

This research study deals mainly with the educator professionalisation in the post democratic South Africa, paying attention to the role of a professional council in promoting educator professionalism. The status and image of teaching in this country seem to have been viewed From the racial and cultural differences of communities previously. The democratic dispensation brought an end to this unfair racial and cultural discrimination in the education system through the establishment of a non-racial professional council for educators (i.e. SACE). The research aims are to determine: - The characteristics of a professions and those needed for educator professionalism; and - the role of the a professional council in promoting educator professionalisation. In order to attain the above-mentioned research aims, a literature review and an empirical investigation were undertaken. The literature study was used to clarify concepts such as occupation, semi-profession, profession, professionalisation and professional status. Secondly, characteristics or common features associated with traditional models of professions (ie. accounting, law and medicine) were discussed from a theoretical point of view. Lastly, the literature study highlighted the establishment of professional councils for educators in other parts of the world, including South Africa. The different forms of legislation and policy documents applicable in education were discussed. In order to determine the extent to which teaching adheres to or fulfils the characteristics associated with a profession, teaching was tested against these characteristics. The history of the establishment of SACE was briefly discussed and the objectives or role of this organisation in educator professionalisation concluded this chapter. The empirical research was conducted by using the questionnaire as a measuring instrument. The advantages and disadvantages of the questionnaire as measuring instrument were highlighted. The target population comprises of 239 educators from a total population of 2070 educators in Lejweleputswa and Northern Free State Education Districts -Free State Province. The data collected in the investigation was processed through the SAS computer package to establish frequencies and percentages of responses mean scores ranking, t-test procedures and the effect sizes. The results were then presented tables, analysed and interpreted in accordance with the literature study. The literature study revealed that like all other occupations, teaching aspires to attain recognition and status as a profession. It was also revealed that teaching partially satisfy characteristics associated with professions. The empirical study revealed that the employment of un- or under qualified educators is still prevalent in South African schools. In the last chapter, Chapter 5, conclusions from the literature review and empirical investigation were drawn. The recommendations with regard to the role of SACE in educator professionalisation were provided. Finally based on the research, future research studies in SACE and educator professionalism were recommended. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

This research study deals mainly with the educator professionalisation in the post democratic South Africa, paying attention to the role of a professional council in promoting educator professionalism. The status and image of teaching in this country seem to have been viewed From the racial and cultural differences of communities previously. The democratic dispensation brought an end to this unfair racial and cultural discrimination in the education system through the establishment of a non-racial professional council for educators (i.e. SACE). The research aims are to determine: - The characteristics of a professions and those needed for educator professionalism; and - the role of the a professional council in promoting educator professionalisation. In order to attain the above-mentioned research aims, a literature review and an empirical investigation were undertaken. The literature study was used to clarify concepts such as occupation, semi-profession, profession, professionalisation and professional status. Secondly, characteristics or common features associated with traditional models of professions (ie. accounting, law and medicine) were discussed from a theoretical point of view. Lastly, the literature study highlighted the establishment of professional councils for educators in other parts of the world, including South Africa. The different forms of legislation and policy documents applicable in education were discussed. In order to determine the extent to which teaching adheres to or fulfils the characteristics associated with a profession, teaching was tested against these characteristics. The history of the establishment of SACE was briefly discussed and the objectives or role of this organisation in educator professionalisation concluded this chapter. The empirical research was conducted by using the questionnaire as a measuring instrument. The advantages and disadvantages of the questionnaire as measuring instrument were highlighted. The target population comprises of 239 educators from a total population of 2070 educators in Lejweleputswa and Northern Free State Education Districts -Free State Province. The data collected in the investigation was processed through the SAS computer package to establish frequencies and percentages of responses mean scores ranking, t-test procedures and the effect sizes. The results were then presented tables, analysed and interpreted in accordance with the literature study. The literature study revealed that like all other occupations, teaching aspires to attain recognition and status as a profession. It was also revealed that teaching partially satisfy characteristics associated with professions. The empirical study revealed that the employment of un- or under qualified educators is still prevalent in South African schools. In the last chapter, Chapter 5, conclusions from the literature review and empirical investigation were drawn. The recommendations with regard to the role of SACE in educator professionalisation were provided. Finally based on the research, future research studies in SACE and educator professionalism were recommended. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

Decision-making by the statutory body in the relation to the capital company's internal affairs Abstract This dissertation considers the issue of decision-making by the statutory body in relation to the internal affairs of a capital company. The second chapter analyses existing case law concerning the concept of business management and compares it with doctrinal sources. In this context, business management is distinguished from other areas of responsibility the statutory body has in relation to the company's internal affairs. It also assesses to what extent the designation of business management as an internal branch of power is truly appropriate. The subsequent chapter discusses the competencies of the general meeting which directly affect the area of making business decisions; namely the amendment of articles of association, the approval of substantial property transactions and the power of general meeting to lay down the basic principles of how the business is managed. The fourth chapter is about the boundaries arising from the very notion of business management as compared to doctrinal sources and the practice of the courts. It draws conclusions from own research as well. In the fifth part of the dissertation, the process of decision-making in regard to business management is analysed. In particular it...

The thesis deals with an acting on behalf of legal entity. Its aim is not to produce a comprehensive elaboration on the subject matter but to focus on judicial decisions of the higher courts with an effort to fill in gaps in legislation and to clarify dubious parts of the legal text. Chapter One is introductory and defines basic institutes used in the thesis such as management of the company, acting on behalf of legal entity and decision-making. Chapter Two examines an acting on behalf of the corporation by its corporate agent, a set manner of acting, its limitation and consequences of a concurrence of the agents. The chapter briefly mentions an acting in the name of a company before its incorporation and some aspects of powers of a proctor. Chapter Three concentrates on a representation of a legal entity with focus on a substantive representation. In its beginning, there is a brief characterization of a statutory representation and a representation under the power of attorney. Subsequently, the chapter describes individual types of representation by - a chief executive of the structural unit of the legal entity (s. 13/3 of the Commercial Code), a person authorized to certain conduct (s. 15), other person currently present in business premises (s. 16). Finally, it deals with a representation under the power...

Decision-making by the statutory body in the relation to the capital company's internal affairs Abstract This dissertation considers the issue of decision-making by the statutory body in relation to the internal affairs of a capital company. The second chapter analyses existing case law concerning the concept of business management and compares it with doctrinal sources. In this context, business management is distinguished from other areas of responsibility the statutory body has in relation to the company's internal affairs. It also assesses to what extent the designation of business management as an internal branch of power is truly appropriate. The subsequent chapter discusses the competencies of the general meeting which directly affect the area of making business decisions; namely the amendment of articles of association, the approval of substantial property transactions and the power of general meeting to lay down the basic principles of how the business is managed. The fourth chapter is about the boundaries arising from the very notion of business management as compared to doctrinal sources and the practice of the courts. It draws conclusions from own research as well. In the fifth part of the dissertation, the process of decision-making in regard to business management is analysed. In particular it...

The dissertation addresses liability borne by members of statutory bodies (directors) for damage caused to third parties (parties not involved in the relevant corporation) where the director commits a tort in discharge of his/her tasks for the corporation, as stipulated under the general provisions of tort law. The dissertation is structured into an introduction, four chapters and a conclusion. The first chapter outlines the foundations for the analysis of directors' liability for torts. In the second chapter, the author tackles the topic of liability that directors bear under civil law for any tortious acts they commit, concluding that directors are liable to compensate any damage caused by a tort committed by them while acting for the relevant corporation. The director's personal liability vis-à-vis the aggrieved party for any tort committed is not prejudiced by the fact that the director committed the tort while performing his/her tasks; this circumstance only means that the tort will be attributed to the legal person, which then is liable for the tort together with the director. The author primarily argues here that the principles governing legal representation are not applicable to torts committed by directors, and the legal consequences of the tort thus cannot be attributed solely to the legal person...

Concurrence of the function of a member of a statutory body and an employment relationship in the same corporation Abstract The aim of this work is to comprehensively map the issue of concurrence of a member of a statutory body and an employment relationship in the same business corporation, both in terms of regulatory development and in terms of the most important court decisions concerning concurrence. The purpose is therefore to create an imaginary "timeline" that will reflect the various relevant provisions of the legislation and at the same time bring a selection of the most interesting court decisions. The more practical side of the matter is also not neglected, when the validity of employment contracts, which create concurrence, is analyzed. The first chapter is focused on the basic theoretical background of both the field of labor law and commercial law, which is worked with in other parts of the work and which are important for understanding the whole issue. In the third chapter, I focused on case law, which represents a key role in the issue of concurrence of a member of a statutory body with an employment relationship. A substantial part of this chapter is devoted to the analysis of the Constitutional Court's ruling from 2016, but several decisions of the Supreme Court are also mentioned, whose...

OF DIPLOMA THESIS An impact of incapacitation of a limited company upon legal theory and practice Author: Josef Kříž Supervisor: JUDr. Petr Čech, LL.M, Ph.D. Department: Department of Commercial Law The main purpose of my thesis was to analyse the significant change in the concept of limited company, i.e. old-new concept of the members of statutory body as agents of the company. However, I conceived a thesis more generally as analysis of the question of whether the New Civil Code and the Business Corporations Act incapacitated limited company or not. The thesis is divided into five main chapters, including an introduction and a conclusion. In the second chapter I try to reconstruct legal thinking of First Czechoslovak Republic on this issue, because its reference by the New Civil Code. Although views on the status of a statutory body of legal persons and the legal capacity of a legal person were different, I came to the conclusion that there was more or less consensus that members of statutory body are agents of legal persons. Regarding the legal capacity of a legal person, then it can be concluded that the doctrine of the First Czechoslovak Republic concluded either that the legal person is a person incompetent, or that the legal capacity is not by definition characteristic of legal person. In the...