Name: A governing body acting beyond its powers Recodification of civil law has changed the way in which business corporations have been acting. Governing body members are currently representing trade corporation as its representatives. This shift, which is that governing body members became the representatives of business corporations opened the possibility of discussion about the nature of authorization of governing body to act on behalf of the trade corporation and about the possibility of acting beyond its powers. My thesis was called "A governing body acting beyond its powers". I used as a base for this work the wide authorization that governing body possesses in acting on behalf of the trade corporation and its possible limitations by law. Besides governing body acting beyond its powers I focused in this work on two other types of acts that although they are done within its competence, aren't done in accordance with the law and the partnership agreement. Work has been divided into three main chapters. In the chapter about governing body acting beyond its powers I examined the possibility of governing body to act beyond its powers in relation to limitation of authorization that governing body possesses in acting on behalf of the trade corporation and the applicable law. Another chapter was...

The concept or phenomenon od performativity occurs in different forms or terms in many humanity studies, especially in the second half of the 20th century. It interferes with linguistics, philosophy of thought, narratology, gender and cultural studies and even with epistemology and ethics. The notion of performativity appeared in philosophy and linguistics for the first time along with J. L. Austin's speech and perfomative acts. The first one describes the situation, the second one generates the situation. J. Derrida pointed out that the realization of speech acts and communication are not so obvious and depend on performance that maintains their status and identity. J. Derrida furthermore shows that performance does not only appear in the literary field; the law is for example performative in the sense that it sets itself up by a speech act. M. Foucault was interested of the role of performativity within a socially organized body and subjectivity. The performance of language and discourse is also essential in J. Butler's work which follows M. Foucault or J. Derrida and describes mechanisms for establishing gender subjectivity and physicality. She claims that the body is created simultaneously by the linguistic naming which it decribes. Butler writes up the process of gender differentiaton as...

Grounds for Excluding Criminal Responsibility in International Criminal Law This thesis aims on currently two most discussed grounds for excluding criminal responsibility (defenses) in international criminal law: defense of duress and defense of superior order. First of them emerges from a situation in which a perpetrator is forced by threat to commit a crime under international law. The second one addresses a question whether a person should be re- sponsible for a crime committed pursuant to an order of a Government or of a superior. Regarding the structure of the army, it is not surprising that there these two defenses occur together in many cases and that they arise from the very same situation. However, they should not be mistaken one for another. The aim of this thesis is to analyze the most significant case law on the topic and to research what was the background for the formulation of the articles on defense of duress and superior order in the Rome Statute of ICC. The paper also examines the deficiencies of the regulation of duress and superior order in the Rome Statute and their possible improvement. The thesis is composed of 5 chapters. The first chapter is introductory and describes used meth- odology of the paper and its structure. Chapter number two deals with grounds for excluding...

Trusts with special regard to their foundation and administration Abstract The purpose of my thesis is to analyse foundation and administration of trusts in the Czech Civile Code with respect to the main theoretical issues such as essencialia, naturatia and accidentalia negotii of the primary foundation legal document with is called "statut". I also concentrate on the status of beneficiary, but mainly on the rights and duties of the administrator of the trust. The reason for my research is to develop a system concerning the elementary questions relating to the legal life of the trust, to tackle main theoretical problems and to distinguish between significant phases of its existence and its admninistration. The thesis is composed of three chapters, Chapter Two being most detailed. Chapter one which is subdivided into three parts is dealing with preliminary questions such as the concept of trust and its history and international variation of similar institutes such as fiducie, treuhand and common law trust. Chapter One is introductory and defines the concept of trust: it is quasi legal subject made of structure of rights and duties towards autonomous assets and of rights and duties concerning its administration in largo sensum. Chapter Two examines relevant Czech legislation involving trusts, primarily the...

1 Abstract Diploma thesis: Regulation and its impact on the conduct of an undertaking Regulation is a very large term that describes a wide scope of activities of the state and other entities that aim at channelling the activities of the undertakings in order to enhance competition and protect consumers and other third parties. This paper analyses the economic and other rationale for regulating markets and describes techniques of regulation. Regulation mainly focuses on mitigating or removing market failures that are caused by a number of factors: existence of monopolies or natural monopolies, windfall profits, externalities, information inadequacy, unequal bargaining power, anticompetitive behaviour and predatory pricing, use of public goods or problems with continuity and availability of services. These market failures can be removed or mitigated by a number of different regulatory strategies that are chosen by the relevant state. The choice of regulatory strategy shall be based on a thorough regulatory impact assessment carried out before the implementation of the specific measure. Regulatory strategies can be grouped in the following regulation schemes: first of all, command and control regulation, the strictest type of regulation, under which the legislator and/or regulator impose a specific rule...

Culpa in Contrahendo Resumé The aim of this degree work is to introduce the institute of pre-contractual liability and its practical application. The work focuses on the position of this institute in the Czech legislation, its classification in the system of laws before the recodification of civil law, and its express regulation in Act No. 89/2012 Coll., Civil Code. Much attention is devoted to rulings of the Supreme Court of the Czech Republic and its approach to the application of pre-contractual liability in specific cases. The degree work is divided into seven chapters. The first chapter defines the term 'Culpa in contrahendo', describes its origin in the work of a German jurist of genius, Rudolf von Jhering, and outlines the origin of the institute in Roman law. In this chapter is also a description of the first case of pre-contractual liability, 'Linoleumfall', which was resolved by the Imperial Court. The chapter also contains an overview of instances of pre-contractual liability embodied in foreign judicial codes. The second chapter describes the regulation of pre-contractual liability in the Czech body of laws before the recodification of civil law with illustrations of individual facts in issue formerly contained in Act No. 40/1964 Coll., Civil Code, and Act No. 513/1991 Coll., Commercial Code....

1 Regulations of stockbroker's acting towards his clients Abstract The purpose of my thesis is to define and analyze a scope of regulation of securities broker's acting toward his clients. These rules are set up by European law and regulation, which was brought by three legal documents. First is Directive no. 2004/39/EC on markets in financial instrument, also called MiFID (Markets in Financial Instrument Directive). Second rule is implementing regulation of European Commission no. 1287/2006. Third rule is implementing directive of Commission no. 2006/73/EC. The first rule crates so called LEVEL 1 and the last two rules create LEVEL 2. Legal rules in Czech Republic are set up by reception of above mentioned European rules into the Czech act no. 256/2004 Sb. about business activities on capital markets and implementing publication no. 237/2008 Sb. These all legal documents bring wide range of regulations and inside of this regulation; the significant group is created by rules about protection of the clients, which are the subject of my analyses in the thesis. The thesis is composed of introduction chapter and seven specific chapters. In introduction are presented objectives and goals and structure of the thesis. In this chapter is defined the basic terminology and sources of the law. First chapter is focused...

Pre-Contractual Liability (Culpa in Contrahendo) Summary The purpose of my thesis is to analyse the issue of pre-contractual liability from the microcomparative perspective which subsequently serves as the tool to characterise the main features of pre-contractual liability in the realm of Czech Civil and Commercial Codes. The reason for my research is to prove the existence and importance of pre-contractual liability in the Czech legal order as well as in the sphere of the European Union in the light of its respective case laws. The thesis is composed of five chapters, each of them dealing with different aspects of negotiation stage and pre-contractual liability. Chapter One is introductory and defines basic terminology, methodology used in the thesis, scope, and aims. Chapter Two examines chosen foreign legal regulations of pre-contractual liability. The essential attention is given to Germany, Austria, and Switzerland as those legal systems are very close to the Czech one (historically and geographically). The French view is also considered because legislators seek to prepare the reform of obligation laws. Finally, common law of the United Kingdom of Great Britain and Northern Ireland and the United States of America is discussed and challenged because of its adverse approach to pre-contractual liability....

1 Concurrence of the Position of a Governing Body and Statutory Authorization in Limited Companies and Cooperative in a Comparative Context Abstract The thesis provides an analysis of function concurrence between board members and employees to the extent of board members in companies limited by shares and in a society. The aim of this thesis is to describe the relative issues, problematic and controversial aspects of current doctrine and propose possible solutions, which could be acceptable for legal theory as well as for legal practice. The work is divided into three main parts. The first part deals with the validity of employment contract in case of concurrence of functions. The second part then describes the issue of company representation in case of concurrence of functions. The last part describes the relative issues, which are common to both previous sections. The first part deals mainly with the current legal regulation of the employment contract in case of concurrence of functions. Not long ago, the employment contract was held as invalid by case law; however a recent legislation has brought some reasonable changes and has explicitly declared the validity of the employment contract. Nevertheless, this has produced also some new issues, especially in the case of conflicts between the employment...

Internal regulations of an employer This diploma thesis discusses internal regulation (also called directive, guideline, code, instruction etc.) which is an internal normative act of an employer regulating rights and obligations of its employees. This topic belongs to important aspects of labor law. It is an interesting material for studying in theory and often used and discussed phenomenon in practice. For these reasons, I decided to dedicate my diploma thesis to internal regulations. The first chapter provides the theoretical basis for the analysis of internal regulations. Therefore is describes the labor relations and their bodies including the rights and obligations that are part of such relationships. Equally important part of this scientific base is the term of normative legal act and legal acts, immediately connected with the nature of internal regulation. The second chapter deals with definition of internal regulation, which is not present in the law. That is why the way to the definition leads through literature and case law and includes meeting of several key characteristics on which should be based further interpretation. Next step in analysis of the topic is the third chapter which explores sources of law and its development. Regarding the sources of internal rules, it is limited to the Labor...