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Informační povinnost podnikatele v souvislosti s ochranou spotřebitele / Information duty of entrepreneur in connection to consumer protectionKaras, Ladislav January 2013 (has links)
Consumer protection is one of the recent trends in the private law and goes nowadays through very dynamic development. Its driving force is especially the European law through directives of the European Parliament and the Council. The necessity of their transposition greatly influences our national law. The last change was an adoption of the Law no. 89/2012 Sb., the Civil Code. The aim of this thesis is to analyze the information duties of entrepreneurs which have been adopted to protect consumers. The thesis evaluates whether the given regulation does not burden disproportionately entrepreneurs on the one hand and provides an adequate protection for the consumers on the other hand. The thesis also deals with the consequences that may arise in particular cases for failure to comply with the information duties.
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Dopady nového občanského zákoníku na životní pojištění / Impacts of the new Civil Code on Life InsuranceHegar, Štěpán January 2011 (has links)
This diploma thesis deals with the impact of the new Civil Code on the Life Insurance in the Czech Republic. Since January 1, 2014, the new Civil Code regulates the existing legislation and in many ways introduces new insurance terms and requirements. The introduction of this legislation will affect the entire insurance market that will provide trends in Life Insurance in the coming years . Since this change will significantly transform the whole negotiation process of Life Insurance policies, several key themes were selected and analyzed which are most relevant to both insurers, policyholders and the insured. The new Civil Code will change the negotiations of Life Insurance contracts and the insurance broker business will be different from what so far has been customary. The insurance brokers will now have to collect the insurable interest during the contract negotiation with the applicant, analyze their needs and schedule records from the meeting. The thesis examines the current state of negotiated Life Insurance risk on the real Life Insurance data. The analysis concludes some recommendations which the insurers could use with regard to the introduced changes.
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Zdanění svěřenských fondů a jejich praktické použití / Trust funds taxation and their practical useŠtrichová, Iva January 2013 (has links)
This diploma thesis is focused on the analysis of trust funds taxation, which is being prepared in Czech Republic based on comparison with existing arrangements in Great Britain, Italy, Switzerland and France. In the first part terms relevant to trust fund problematics used in the following parts of the thesis are defined. Also Hague Convention is mentioned, since it explains function of trust funds in continental countries. In the second part, the focus is on the analysis of legal and tax arrangement in chosen jurisdictions with emphasis on taxation in individual situations. The last part deals with legislation of trust funds based on the new civil code. Key issue here is analysis of tax legislation concerning the trust funds taxation in the Czech Republic and a proposal of taxation possibilities on the basis of comparing it with existing taxation in chosen jurisdictions. At the end of this part, arrangement of trust funds, which is contained in Model Tax Convention on Income and Capital, is mentioned.
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Účetní, daňová a právní specifika spolků / Accounting, tax and legal specifics of associationsJavůrková, Iveta January 2015 (has links)
The thesis deals with the legal aspects of civic associations and connections with their transformation into guilds as a result of the entry into force of the New Civil Code. It also deals with the issue of lack of legal certainty in some areas of accounting and taxation. This section is dedicated to the largest part of the thesis, which displays typical transaction of guildss. All this part is dealt in parallel look of simple accounting and double-entry bookkeeping. In conclusion, these transactions are considered as all transactions of fictitious guild and transferred into annual reports and tax returns.
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Analýza dopadů nového občanského zákoníku na bankovní obchody / Analyses of impacts of the new Civil Code on banking transactionsFreibergová, Tereza January 2016 (has links)
This thesis analyses impacts, which brought recent recodification of private law, on issues of bank transactions through comparison current effective legislative of banking transactions, which is contained in a new Civil Code no. 89/2012 Coll., with previous treatment when most of banking transactions were part of Commercial Code no. 513/1991 Coll. The work describes individual kinds of banking transactions, but it also includes topics as a consumer protection or regulation of business conditions. The goal of this work is try to valorize benefit of these changes and analyze their impacts on banks activity and on their clients.
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Právo v pojišťovnictví a dopady nového Občanského zákoníku na pojistné produkty / Insurance law and the impacts of the new Civil Code on insurance productsPerník, Jakub January 2011 (has links)
The thesis is mainly focused on the effects of the new Civil Code on insurance products and insurance industry as a whole. The emphasis is on change and impacts for insurance companies and their clients in liquidation of damages to property and damages to health from liability insurance of the vehicle and changes during interruption of insurance. One chapter is devoted to gender equality when calculating insurance premiums, which will take effect from 21.12.2012. This equality is based on the European Court of Justice and for the insurance market have a significant impact. At the end of the thesis,I summarize the basic legal standards in the insurance industry and their brief development.
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Zástavní právo k nemovitým věcem. / Interest in Real EstateNachtigall, Marek January 2021 (has links)
1 Abstract Interest in Real Estate The aim of this thesis is to provide a thorough analysis od key aspets of the institute of Security Interest in Real Estate, as well as current legislation of this issue. Thanks to the focus on a specific subject of the pledge, i.e. the real estate, given its relatively more permanent nature compared to most other things, as well as the generally longer duration of legal relationships arising from legal proceedings in the application of the institute of Security Interest in Real Estate, the topic which cannot be overlooked consist of intertemporal norms governing the relationship of the effective legal regulation by the current Civil Code and legal regulation contained in the derogated Act No. 40/1964 Coll. of the Civil Code as amended until 31 December 2013. The perspective of the elaboration of the mentioned topic in the level of de lege lata, thus defined, is supplemented by the text of the thesis with some ongoing considerations de lege ferenda within the conclusions resulting from the analysis. Although the essence of general topic of this thesis is a theoretical dissertation, the intention of the text does not resign to possible practical benefits, while the author consistently pays attention to argumentation and verification of key hypotheses, as well as ongoing...
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Předkupní právo v občanském zákoníku / Pre-Emptiv Right in the Civil CodeHarapát, Jakub January 2019 (has links)
Pre-Emptive Right in the Civil Code Abstract This thesis deals with the institute of pre-emptive right both in theoretical terms and in valid legislation. The main objective of this work is to describe the institute of pre-emptive right in such a way that it is possible to draw attention to the issues which arise in connection with this institute and to outline possible solutions where appropriate. However, in order to describe the practical aspects of the pre-emptive right, it is also necessary to describe the pre-emptive right in theoretical level. Following the objectives set, the work is divided into five chapters. The first chapter of the thesis deals with the theory of pre-emptive right where space is left to some theoretical constructions, with the theory defining five possible constructions in particular. The work also describes possible motives leading to the negotiation of the pre-emptive right, which can be divided into motives of the defence and motives leading to the acquisition. Furthermore, the elements of the pre-emptive right and its division are described. The second chapter serves as the theoretical basis for the next chapters. The second chapter deals with the origin of the concerned institute and its historical development in civil codes, and part of this chapter discusses other pre-...
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Skončení pracovního poměru po soukromoprávní rekodifikaci / Termination of Employment after Civil Re-CodificationMlýnková, Alice January 2019 (has links)
Termination of Employment after Civil Re-Codification Abstract The thesis deals with different means of termination of employment, which may occur either as an expression of the will of a party or both parties to an employment contract, i.e. the employee or the employer, or as a consequence of another kind of legal occurrence. The paper further researches the impact of the Civil Code, as a general civil law regulation, and amendments to the Labour Code implemented due the Civil Code coming into force on termination of employment and its consequences. Primary focus is on the application of the general regulation of ineffectiveness and voidability of termination as well as on interpretation of employment-related legal conduct under the Civil Code. The thesis also explores the influence of civil-law regulation of time limits and lapse of time on counting of time in labour law. The thesis reflects court decisions related to the Labour Code issued since 2014 when the Civil Code came into force. Following an overview of all means of termination of employment, the paper focuses on individual means of termination by the parties consisting in the unilateral or bilateral expression of will of the parties to an employment contract. These means include agreements to terminate employment, dismissal, summary dismissal...
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Římskoprávní kontext nabývání vlastnictví v občanském zákoníku / Roman law aspects of acquiring poperty in the Civil codeKadlecová, Tereza January 2020 (has links)
Roman law aspects of acquiring property in the Civil Code Abstract The thesis deals with the modes of acquiring ownership in the Czech Civil Code, Act No. 89/2012 Sb., as well as in the Roman law. The aim of this thesis is to find the Roman- law context in the modes of acquiring ownership regulated by the current Civil Code. The thesis is divided into three parts, the first deals with the ownership in general, the original modes of acquisition of ownership are analysed in the second part, and the derivative modes of acquiring of ownership in the third. The aim of this thesis is not to describe all possible modes of ownership acquisition in detail, but to briefly introduce them and compare the above- mentioned legislations. The Civil Code is based on principles of Roman law. It is, however, understandable that the current legislation is different from the Roman law, as the Civil Code was adopted almost fifteen centuries after the famous Justinian codifications. The thesis describes the original modes of acquiring ownership. The original modes according the Civil Code include appropriation, discovery, natural accession (incl. accession of an immovable thing, alluvium and tear-off, and accession of movable things incl. acquiring fruits), mixed accession (incl. sowing and planting), artificial accession (incl....
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