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Odpovědnost za škodu při pracovních úrazech a nemocech z povolání / Liability for damage regarding occupational accidents and diseasesKyslíková, Kristýna January 2016 (has links)
Název práce v anglickém jazyce: Liability for damage regarding occupational accidents and diseases The aim of this thesis is to analyze liability for damages regarding accupational accidents and diseases as a part of employer's liability and the evaluation of the current regulation in this area. This thesis is devided to eight chapters. First part of this thesis is a theoretical introduction to the matter of occupational accidents and diseases and the liability for damages caused by them. The target of the first part is to define the institutes of the labor law, which are crucial for the regulation of material and non-material damages in labor law. The theoretical first part consists of Chapter One, Chapter Two and Chapter Three. Chapter One is introductory and defines basic terminology used in the thesis, with the main term being liability in labour law. Chapter Two enumerates various types of liability, such as material liability, non-material liability and other types of liability. Chapter Three defines material and non-material damage in the light of new Civil Code. Chapter Four and Chapter Five are specifying the issue of damage liability, on both sides - employee's and employer's. Chapter Six provides outlines of the relevant Czech case law and is therefore subdivided into four parts. Part One...
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Odpovědnost za škodu při pracovních úrazech a nemocech z povolání / The liability for damages caused by work-related accidents and occupational diseasesVšetečková, Monika January 2016 (has links)
This diploma thesis deals with the employer's liability for damages caused by work-related accidents or occupational diseases of his employees. The reason for choosing this topic was partly because of the author's experience with the assessment of work-related accidents in legal proceedings, partly due to the high- frequency of work-related accidents and also the fact, the results of work-related accidents and occupational diseases not rarely cause a long-term adverse repercussion in real life of an employee. The main point of this thesis is to analyse elements of stated employer's liability for damages. Using the case law, detailed analysis of the concept of work- related accidents is performed in the same chapter. There are analysed specific situations with conclusions if the injury can be evaluated as an work-related accident or not. Besides work-related accidents, occupational diseases and other elements of liability, this chapter deals with the possibility of an employer to be absolved from any liability as well. Case law concerning the absolution from liability is also included in this chapter. The essential part of this thesis is also the enumeration of employer's obligations connected to the fact his employee has suffered a work-related accident or an occupational disease. The most...
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Role bank v boji proti legalizaci výnosů z trestné činnosti a financování terorismu / The role of banks in the fight against money laundering and financing of terrorismPultarová, Hana January 2016 (has links)
Money laundering and terrorist financing are serious problems that may not only disrupt the stability and reputation of financial institutions, but also affect a wide range of individuals. Therefore, this kind of conduct can be punished as a crime, including the active involvement of banks in money laundering. However, the diploma thesis focuses mainly on preventive measures introduced by the provisions of administrative law. The role of a well-functioning banking system is essential for the effective suppression of money laundering and financing of terrorism. Banks are the most frequent reporters of suspicious transactions and the bank services are used by wide range of persons. The role of banks is mainly determined by their designation as obliged entities by the Act no. 253/2008 Coll., on certain measures against the legalization of proceeds of crime and terrorist financing. The obligations arising out of this act are put into context with the Czech Banking Act and with regulations governing payments and implementation of international sanctions, including directly applicable laws of the European Union. The importance of the bank services is also caused by the regulation of cash payments. In connection with the activities of banks, the thesis reflects selected changes that will be introduced by...
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Výjimky z kartelového zákazu / Exceptions to the cartel banKřížková, Michaela January 2011 (has links)
Exemptions from cartel prohibition English summary On 16 of December 2002 the European Commission adopted a Regulation Nr. 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty which was revolutionary as it has totally changed the way of obtaining a legal exemption from a prohibition of cartel agreements contained in an article 81 section 1 of the EC Treaty. Before the Regulation the Commission granted its approval for exempting certain types of agreements which fulfilled the conditions under the article 81 section 3 of the EC Treaty, i.e. if they contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives and afford such undertakings the possibility of eliminating competition in respect of a substantive part of the products in question. A weak point of such a regulation was that the Commission was permanently overloaded by numerous demands for declaration of inapplicability of a cartel prohibition. Therefore there was strong need to modify the system in order to make the work of the Commission more effective....
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Legální výjimky z kartelového zákazu s přihlédnutím ke krizovým kartelům / The Legal Exceptions from the Cartel Prohibition with Regard to Crisis CartelsKolářová, Tereza January 2012 (has links)
The Legal Exceptions from the Cartel Prohibition with Regard to Crisis Cartels English summary The purpose of the thesis is to provide a comprehensive perspective on the issue of the legal exceptions from the cartel prohibition, carry out a detailed analysis of Czech and European material regulation contained in the Article 3 paragraph 4 of the Act No. 143/2001 Coll. on Protection of Competition, as amended and in the Article 101 paragraph 3 of the Treaty on the Functioning of the European Union, focus on the application of the legal exceptions to the crisis cartels from the practical point of view, particularly on their usage by undertakings and on the approach to the crisis cartels by national competition authorities, European Commission and competition authorities from other selected countries outside Europe. The thesis is composed of four parts. The first part deals with the basic characteristics of the cartel, describes the concept of cartel, European and Czech legislation regarding cartels and competition in general and divides the cartels according to their form and relationship of participants. The second part focuses on the prohibition of anticompetitive conduct in the form of cartels, examines the merits of the cartel and highlights the consequences of breaching the prohibition. It is necessary to...
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Výpověď z pracovního poměru / Notice of employmentHomolková, Simona January 2011 (has links)
The Notice of Employment The main reason I have chosen this topic for my diploma thesis is that we have to deal with questions of labour law in our everyday lives. Generally speaking it is a common issue and I believe that it is therefore very important to understand it correctly. The notice of employment can bring serious economic and social consequences into the life of every employee and at the same time have an impact on his family members. On the other hand the employers should be able to terminate employment with such employees who are irresponsible or incompetent. Hence, the aim of this thesis is to analyse the regulation of the notice of termination of employment in the legal order of the Czech Republic, explain the essential principles of this regulation and point out various options of its interpretation. The paper is divided into seven chapters. First, there is a general outline of the examinated issue followed by chapters dealing with the historical evolution of legal regulation and the European Communities` regulation of the notice of employment. Further passages are in regards to a closer analysis of the notice of employment in general, notice given by the employee, notice given by the employer and their legal reasons. Relevant judicial decisions were also incorporated in each of...
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Rekodifikace soukromého práva hmotného a daně z příjmů / Recodification of substantive private law and income taxesMaryško, Lukáš January 2013 (has links)
The purpose of this thesis is an analysis of changes in Czech substantive private law resulting from the New Civil Code no. 89/2012 Coll, and the Act on Business Corporations no. 90/2012 Coll., with an impact on tax law as a part of finance law, in particular on regulation of income taxes. The thesis comprises of three parts. In the first one, terminological and material changes contained within the recodification which require amendment of tax legislative are introduced - new terminology of the new private law regulation, new legal institutes and changes in current institutes (e.g. public-benefit persons, extensive notion of a thing or trusts as a separate ownership without legal personality). The second part of the thesis analyses the governmental draft of the Act on Amendment of Tax Legislative in Relation to Recodification of Private Law and on Amendment of Certain Acts and reflection of the recodification in Act no. 586/1992 Coll., on Income Taxes as amended. Institute of public-benefit taxpayers or taxation of income arising in respect of inheritance are examined among other changes. Other amendments not directly related to the recodification (e.g. integration of inheritance and gift taxes or exemption of shares in profit of business corporation from taxation) are also briefly mentioned. Finally, the...
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Postavení daně z nemovitostí v daňovém systému ČR / The position of real property tax within the tax system of the CRHorochovský, Michal January 2013 (has links)
THE POSITION OF REAL PROPERTY TAX WITHIN THE TAX SYSTEM OF THE CR SUMMARY The purpose of present thesis is to analyze real property tax within the tax system of the Czech Republic. Present thesis is composed of four chapters and each of them is dealing with different aspects of real property tax. Chapter One is introductory and defines basic terminology and theoretical aspects of taxation in general. The chapter is subdivided into three parts. Part One deals with term "tax" and explains it. Part Two describes types of taxes. Part Three is concerned with elements of the law concept of tax. Chapter Two examines relevant Czech legislation of real property tax. The chapter consists of six parts, which are focused on concrete law elements of real property tax. Chapter Three is subdivided into three parts and provides an outline of municipal authority for real property tax. Each part describes different competence of municipality how to influent real property tax. Chapter Four concentrates on pros and cons resulting from the change of real property taxation in Czech Republic. From 2014 comes into effect new Czech Civil code, which will bring a lot of changes even in taxation. So the proposed amendment of real property tax is taken into account in present thesis. Although change to the ad valorem taxation of real...
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Diskriminace z důvodu pohlaví a její zákaz / Discrimination on the grounds of sex and its prohibitionBartoňová, Anna January 2013 (has links)
77 Summary The topic of this thesis is discrimination on the grounds of sex and its prohibition. The purpose of my thesis is to analyse and evaluate historical and present level of legal enactment of the equality between men and women and prohibition of discrimination. I focused on the law of EU, relevant documents of International law and on the legal order of the Czech republic. The thesis is composed of five chapters, Chapter One is introductory and defines basic terminology used in the thesis like equality and types of discrimation. The chapter Two examines relevant international agreements and other documents, chapter Three focuses on legal enactment of equal treatment and prohibition of discrimination in the primary and secindary law of EU, together with the relevant case law of the Court of Justice of the EU. The chapter Four is dedicated to the relevant Czech legislation, followed by chapter Five which provides an outline of relevant Czech case law, and level of legal protection against discrimination in effect.
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Výpověď z pracovního poměru z organizačních důvodů podle § 52 písm. a) až c) zákoníku práce / Notice of termination due to organizational reasons under Section 52(a) through (c) of the Labour CodeZábranský, Petr January 2014 (has links)
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...
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