The objective of this thesis is to explain the business management of a capital company after of the recodification of Czech private law. Due to the re-codification it is necessary to highlight the most important changes related to the new legislation, point out the problems of interpretation and outline possible solutions. Attention is also paid to the applicability of existing judicial decisions. This thesis consists of six chapters. The first chapter deals with the general organizational structure of companies. Its content is so a brief explanation of the various organs and their competences. Omitted is not even a brief explanation of the division of competences between the various organs of the company. In the second chapter of the thesis the term of business management is being discussed. Also interpreted are the specific decisions included in this term and those that are not. Business management is also distinguished from acting on behalf of a company, which may in some cases follow the decisions. Very brief attention is payed to German legislation too. The third chapter details the way business management decisions are taken. Distinguished is a decision making in a limited liability company and joint-stock company, both monistic and dualistic structures. The fourth chapter deals with the...

- 1 - Abstract Business management The purpose of this thesis is to analyze selected aspects of business management with an emphasis on the legal regulation of instructions given by a general meeting, including instructions on request. The thesis also deals with specifics of business management in a monistic system of management of a stock corporation or in a group of companies. The thesis is divided into four chapters; each of them is closed with a partial summary which informs briefly about the topic being discussed and the resulting conclusions. The introductory chapter focuses on a management board of the stock corporation as a body which has an exclusive competence in business management and it defines the concept of business management and its limits in a decision-making process within the stock corporation. Chapter two deals with internal and external powers of the management board and it shows their mutual coherence and the resulting impacts on business management. Chapter three describes the internal organization of management of the stock corporation. Firstly, the decision-making process of the management board as a collective body is analyzed according to the Civil Code, s. 156 and, subsequently, the rules of delegation of powers are being discussed as drafted in the Business Corporations Act....

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...

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...

Concurrence of membership in the governing body of a limited company and employment in the same company The purpose of this master thesis is to provide comprehensive answer to the question of the admissibility of the concurrence of the function of a member of the statutory body of a capital trading company and employment relationship with the same company (concurrence of functions), especially with regard to the change of legislation brought by the recodification of private law effective from 2014. With the concurrence of functions, it is necessary to distinguish between situations where the subject of the employment relationship are actions falling within the competence of the statutory body (identical concurrence) and when the subject of the employment relationship are other actions (non-identical concurrence). The question of the concurrence of functions is a frequently discussed topic. That is mainly for the reason that many companies have established relationships with members of their statutory body in this manner. The area of the concurrence of functions was in the past and still is insufficiently statutory regulated. Most of the rules in this area are, therefore, inferred by case-law. The thesis is divided into six chapters. In the first part of the thesis, the basic theoretical concepts...