80 Summary The theme of this thesis is "Contractual Obligations in Private International Law" and the subtopic is "Employment contract". Within such a defined theme, the thesis examines how Czech courts interpret employment contracts established under the US law. The first chapter outlines the different conceptions of the law in the Czech Republic and the United States of America as a result of different legal and historical development. The second chapter discusses the Czech Private International Law and its position within the Czech Private Law, because a Czech court basically applies Czech conflict rules. The third chapter focuses on two particular disputes of private relationships with an international elements that Czech courts discussed and decided. The subject of both disputes were to assess the termination of employment and other related issues. The aim of the last chapter is to consider these disputes in the light of current legislation. In order to do that I apply Act on Private International Law, as well as Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis), then Act on Private International and Procedure and the US Labour Law. Furthermore, I also apply mandatory rules of Regulation on the law applicable to contractual...

Univerzita Karlova v Praze Právnická fakulta Diplomová práce Povinnosti zaměstnavatele při skončení pracovního poměru Katedra pracovního práva a práva sociálního zabezpečení Vedoucí diplomové práce: doc. JUDr. Věra Štangová, CSc. Vypracoval: Oldřich Konfršt Text této diplomové práce je ukončen k právnímu stavu odpovídajícímu ke dni 31. prosince 2013. Odevzdáno květen 2014 Abstract The title of this thesis is: "Obligations of the Employer upon Termination of the Employment." The aim of the thesis is to analyze the obligations of the employer upon termination of the employment legislation. I want to stress in this paper, that when the employer terminates the employment, he still may have several obligations towards his former employee. These obligations may be of financial as well as administrative origin. Employers obligations are based on statutes and contracts. The study deals mainly with severance payment, employment statement and employment reference. The First chapter describes the concept of the labour law. The relationship of the labour law to private law and public law is mentioned here. The next chapter is concerned with the labour law development. Several historical milestones related to the labour law are mentioned there. Sources of the law are presented in the Third chapter. There are several...

Text of this thesis deals with the creation and termination of the position of a member of the governing body of a limited company. The first part of this text sets out the conditions under which this member is legally able to perform in his position, these are full legal capacity, no record of criminal conviction and there are no obstacles to undertaking a trade in the meaning of the Act No. 455/1991 Coll. The text also mentions the provisions § 38l of the Commercial Code, for it still applies on some cases on behalf of the provision § 779, paragraph 3 of the Act on Business Corporations. This text of this thesis continues to deal with the consequences of incapacity to perform in this position and states that in this case, the creation of such position is seen, as it never happened. In the case of capacity to perform in a position being lost after the position was created, the position terminates. Newly, a legal entity can become a member of an elective organ. However, to perform in this position, they have to choose a natural person as their representative. If there is no representative, the legal entity is represented by a member of board of directors or a company director. There were warnings of a possibility of multiplication, as there may be legal entities in such statutory bodies. Further,...

This thesis examines legal protection of the tenant. With respect to a limited extent the thesis focuses only on the selected issues that are significant from a perspective of tenant. The topic was chosen because of the fact that tenancy is one of the most common legal relations with an important social aspect, because many people fulfill their accommodation requirements through it. The new Civil Code, effective as of 1.1.2014, brought many major changes that could have real impact on tenants' lives. The main purpose of this thesis is to analyze these changes and compare them with the previous legal regulation. Moreover, this thesis tries to identify problematic provisions of the new Civil Code and provide the readers with a practical advice and recommendations as well. From the structural point of view the thesis is divided into chapters, each of them focused on different issue. The first chapter briefly describes what residential lease is, shows its principle features and finally deals with the protective character of the legal regulation. The second chapter focuses on the rights and duties of the contracting parties. Running a business in an apartment is described as well as the apartment maintenance. The chapter number three draws an attention to a renting to the pet owners and provides with a...

CREATION AND TERMINATION OF MEMBERSHIP IN COOPERATIVE Summary The theme of the thesis is Creation and termination of membership in cooperative. Cooperative as a legal entity is one type of an association of people for some specific purpose which is characterized by them. Any cooperative cannot be without its members. Therefore the legal amendment of membership's creation and termination in cooperative creates very important legal amendment part in cooperatives. The thesis, which has introductory and closing chapter too, is divided into five chapters which are arranged by way, whose goal is to give a systematic explanation of creation and termination of membership in cooperative in the Czech Republic. The thesis includes relevant decisions of the Czech courts and opinions from books and articles. The introductory chapter contains the main purposes of the thesis. The first and second chapters are a common introduction to the law of cooperatives. The first chapter provides a brief historical law sources explanation of cooperatives and valid legal amendment of cooperatives. It pays attention on a bill which includes a new legal amendment of cooperatives. The comparison between Czech and German legal cooperatives amendments is a part of this chapter too. The second chapter explains basic terms which are...

The termination of membership in a Limited Liability Company and Joint Stock Company - abstract The purpose of this thesis is to summarize and analyze selected possibilities of termination of membership in a Limited Liability Company and Joint Stock Company together with related consequences of such termination. I have aimed especially to the actual legal regulation contained mostly in the Czech Commercial Code however taking into consideration the decision making practice of the Czech Supreme Court as well. Within the writing of this thesis I have also reviewed upcoming new regulation contained within the Act on Business Corporation. The thesis is composed of foreword, three chapters and conclusion, where the second and third are most important ones as they deal with the two most usual kinds of business corporation in the Czech Republic - Limited Liability Company and Joint Stock Company. The first chapter represents general foreword in respect of the membership in a corporation. Chapter two is composed of eight parts. Part 1 - 7 deals with specific reasons for termination of membership in a Limited Liability Company (agreement, transfer of business interest, court-ordered termination, expulsion, bankruptcy and distraint, death and winding-up) and part 8 deals with consequences of such termination as...

(in English): The final thesis deals with the analysis of selected principles of the Czech and English contract law. The aim of the final thesis was to highlight common and different features of the Czech and English law based on the selected principles and simultaneously to illustrate the differences in legal reasoning between the two countries. The author describes the significance of the English law in the first chapter, followed by the chapter concerning formation of a contract in the Czech and English law. Attention is being paid to an offer, further analysis includes the possibility of revocation of an offer and the different approaches adopted to these problems in the legal frameworks of the Czech Republic and England. The author than proceeds to the description of acceptance of an offer, formation and conclusion of a contract and effectiveness of an acceptance in the case of distance dealing between the parties. Comparison with PECL and UNIDROIT is being made and the author concludes, that both the Czech and English contract law adopt the same solutions for an acceptance and conclusion of a contract, which, however, do not coincide with the rules laid down in PECL and UNIDROIT. Critical assessment of the provisions concerning the offer and acceptance in the Czech Civil Code Bill, which...

The aim of this thesis is to deal with the notice of termination due to organizational reasons under Section 52(a) through (c) of the Labour code. The topic of the thesis does not consist only in organizational changes and a notice of termination linked to them, its purpose is to describe the whole picture of the process of giving the notice to an employee and details which an employer must remember to keep the notice valid. The thesis is composed of ten chapters not counting the Introduction describing the motive for choosing the topic of the thesis and the aims of the thesis and the Conclusion containing the brief evaluation of the legal regulation. Chapter One deals with the labour-law relations, their concept and the distinctions between the individual labour-law relations and the collective labour-law relations. Chapter Two is concerned with the termination of employment in general and describes the division of the ways in which employment may be terminated, i.e. legal acts, legal events or authoritative decisions. Chapter Three elaborates the issues common to all reasons for the notice, which means that the attention is paid to these reasons, the written form of notice, delivering and the withdrawal of the notice and the participation of trade unions in a termination of employment. Special attention...

RESUME The aim of this thesis is to provide a general description of the purpose, functions and principles governing the right to unilaterally terminate a contract under Czech law. The main part of the thesis provides overview of the provisions of the new Civil Code regarding termination of contract, describing the conditions for termination of the contract, limitations on contractual freedom to agree upon grounds for the termination of the contract, prerequisites of the termination of the contract and the legal consequences to the rights and obligations of the contractual parties following successful termination of the contract. The thesis differentiates between the following generally applicable grounds for the termination of the contract: (i) a material breach of contract; (ii) a breach of contract (whether material or immaterial) constituting delay within the meaning of the new Civil Code, (iii) fulfilment of specific obligation with defects and (iv) anticipatory breach of contract. Each ground for termination is analysed in detail and the overlaps of the specific grounds for termination is identified. The thesis further introduces selected interpretation difficulties connected with the new Civil Code and suggests possible solutions to these issues, taking into account the purpose of the provisions...

Notice of termination of employment in selected EU member states The aim of this thesis is comparison of legal regulation of the notice of termination of employment in three legal systems within the EU: Slovak, English and Swedish. The thesis deals with the notices of employers and in the conclusion it contains comparison and evaluation of the legal systems. The thesis comprises four chapters. The first chapter deals with international and european legal regulation of employment termination, in particular regulation of notice of termination. The chapter contains description of international treaties and conventions concluded mainly within International Labour Organisation as well as european legal regulations and directives dealing with this matter. The second chapter deals with the Slovak regulation. At the beginning, it starts with general description of employment termination, it continues with the general requirements on notice and notice period. In the next part, the chapter describes specific notice reasons, special duties of the employer during the termination of employment and ban on the dismissal for protected groups of employees. The final part of the chapter focuses on the remedies of an employee in the case the notice of termination is declared invalid. The third chapter contains the...