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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
51

Mezinárodní civilní procesní právo v Evropské unii. Vymáhání a soudní ochrana práv průmyslového vlastnictví se zaměřením na mezinárodní soudní příslušnost / International civil procedure in the European Union. Enforcement and Litigation in the Matters of the Industrial Property Rights with a Focus to the Jurisdiction

Kalapáčová, Martina January 2012 (has links)
The aim of this work is to provide a general view on legislation of enforcement of industrial property rights within the European Union with a closer focus to regulation of jurisdiction of courts to dispute resolution. The work deals with a current legislation, with jurisprudence of the European Court of Justice and of czech courts and in the end it deals also with de lege ferenda and proposals of means how to improve the current legislation and make it more effective, so the competitive position of the European Union towards asian countries and towards the United States of America would strenghten.
52

Ekonomická analýza práva v judikatuře / The economic analysis of law in case-law

Hubková, Pavlína January 2012 (has links)
OF THE DIPLOMA THESIS The Economic Analysis of Law in Case-Law Pavlína Hubková According Richard Posner, "economics is a powerful tool for analyzing a vast range of legal questions but most lawyers have difficulty connecting economic principles to concrete legal problems." This diploma thesis focuses on the clash between law and economics and on those difficulties lawyers may have when applying economic analysis of law. It tries to identify borders between two fields of study and problems or obstacles which are faced by judges. In concrete, the thesis deals with the economic analysis of law in the domain of competition law. The thesis is divided into a theoretical part and an empirical part. The theoretical part includes four chapters. The first chapter characterizes the economic analysis of law in general, it provides with a short history of this approach to law, opinions of its proponents as well as critics and a summary of utility of economics in law. The second chapter then refers specifically to the role of economic analysis in judicial decision-making. Competition law as an "explicitly economic field" is presented in the third chapter. The core of the thesis is to be found in the next chapter which focuses on the problems and obstacles which judges have to face and potentially overcome when...
53

Vplyv judikatúry ESD na voľný pohyb tovaru na vnútornom trhu EÚ / The Importance of ECJ Case Law for the Free Movement of Goods on the EU Internal Market

Jakabovičová, Lucia January 2011 (has links)
The paper aims to embrace the establishment, development of rules and functioning of the freedom of movement of goods on the internal market of the EU and the impact which the European Court of Justice (ECJ) case law had in this domain and still has today. It opens with the description of the internal market and the freedom of movement of goods, the role of the internal market for the European integration, the development of this freedom in the context of the internal market development and basic characteristics of the freedom of movement of goods. Thereafter, the focus shifts to the legal rules of the internal market and freedom of movement of goods, to the CJEU as one of the main European institutions, its role, competences, composition and the different types of proceedings in front of this Court as well as the changes brought by the Lisbon Treaty. The final part is devoted to the analysis of the chosen ECJ decisions that are considered to be the most significant for the free movement of goods. The paper provides comprehensive overview of the topic implying that the ECJ case law played an important role in the domain of free movement of goods and significantly influenced its functioning.
54

Porušování práv duševního vlastnictví v prostředí počítačových sítí / Infringement of intellectual property in the environment of computer networks

Jeřábek, Tomáš January 2012 (has links)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
55

Daňové aspekty soudních sporů v oblasti převodních cen

Volný, Karel January 2015 (has links)
The aim of this thesis is to deduce the consequences of the tax aspects of transfer prices to the taxpayer based on the analysis of selected lawsuits in the area of transfer pricing and case law in this area issued by the Supreme Administrative Court of the Czech Republic (or the EU Court of Justice). The literature review describes the basic concepts, relationships and the transfer pricing legislation. My research deals with the analysis of selected lawsuits as well as with derivation of conclusions from analysing these lawsuits which provide the reader with an overall guide - what has been the court in certain field solving, what has been decided and what should the taxpayer and the tax administrator beware of. Conclusion of the case law is related to specific areas of its usage (rent, production, loans) as well as to the common universal principles - for instance allocation of the burden of proof, the importance of expert opinions or the procedure of calculation of prices.
56

Daňová kontrola / Tax control

Skálová, Eva January 2018 (has links)
The subject of this diploma thesis is the tax control which can be classified to the financial law sector. The aim of the thesis is a basic description and introduction to the tax control. During writing my diploma thesis I used legal regulation from several legal branches to clarify the tax control and I considered them in the (mutual) context related to the topic of the tax control. For the comprehensive solution of the tax control issue it was also necessary to apply related judicial decisions and literature. I described the findings concerning the tax control in the diploma thesis by using the description and subsequently I deduced certain conclusions by using the deduction method. I also dealt with ambiguous issues of the tax control which I tried to clarify and take legal opinion on them and imply possible de lege ferendae changes. The diploma thesis consists of the introduction where the subject and the aim of the diploma thesis are introduced. The subject of the following chapters is the general part of the tax control, particular stages of the tax control, consequences of the tax control and means of rights protection. The last part of the diploma thesis devotes to the conclusion, including a summary of the diploma thesis and proposed de lege ferendae changes. The above mentioned diploma...
57

Role mezinárodních soudů v ochraně životního prostředí / Role of International Courts in Protecting the Environment

Káva, Adam January 2017 (has links)
The thesis provides an analysis of the developments in international environmental law achieved through judicial activity of international courts from circa 2005 onwards. Analysed is the relevant practice of the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court for Human Rights, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. First chapter presents the general characteristics of their judicial activity in this area, while the subsequent chapters deal with each of the institutions, analysing the outcomes of their activity, particularly with regard to specifying obligations of states and the interpretation of human rights in connection with environmental protection, and the developments in the courts' handling of environmental cases. Attention is also given to possible setting up of a specialised international court for the environment.
58

Právo na místní samosprávu / Right to Local Self-Government

Sedláček, Petr January 2017 (has links)
Right to Local Self-Government - Summary The diploma thesis deals with topic of Right to Local Self-Government in the Czech Republic. Chapter one is introductory and summarizes contemporary theoretical approaches to the concept of territorial Self-Government and the nature of the right on it. Furthermore this chapter explains the importance of territorial Self-Government and describes its evolution in the bohemian lands, while it puts closer look to the restoration of territorial Self-Government and its design after 1989. Finally, this chapter looks at position of the Czech Republic in the typology of local government systems. Second Chapter examines all Constitutional complaints on the infringement of the rights of Self-Governments (municipalities), while it describes the circumstances under which the lawsuit emerged, and discusses the argumentation of the Czech Constitutional Court. The thesis summarizes data on author of the complaint, authority accused of the infringement, and result of the case. In the third chapter the thesis discusses other important judgements of the Czech Constitutional Court on the Self- Government and the rights of municipalities. It focuses on the most important judgements on the content of the right to Self-Government and day-to-day conduct of municipalities. In the fourth...
59

Role účetnictví v případech majetkové a hospodářské kriminality v České republice / Role of accounting in cases of property and economic crimes in the Czech Republic

Procházka, Tomáš January 2016 (has links)
Diploma thesis focuses on property and economic crimes in the Czech Republic. There are presented selected property and economic crimes which are associated with accounting and in where accounting plays a role. The first part of the thesis presents basic definitions related to crimes according to criminal law. There are introduced definitions as a criminal act, facts of the case, subjects of criminal proceedings and stages of criminal proceedings. The second part of the thesis deals with accounting and its application in an investigation process. This part emphasizes connection between accounting and evidence check. The third part is focused on an analysis of property and economic crimes in the Czech Republic, referring to the recent studies concerning this issue. This part describes property offenses and economic crimes that can be associated with accounting. The final part of the thesis analyses selected property and economic crimes based on judicature of the Supreme Court of the Czech Republic.
60

Neoprávněné užití ochranné známky / Illigal use of trademark

Pásková, Hana January 2009 (has links)
The topic of this thesis is the problem of trademark infringement examined in the context of the development of legal jurisdiction. This also includes aspects of unfair competition, and in most of the cases a couple of factors are involved.I use Czechoslovakian, Czech, as well as some European court verdicts in relation to different legal regulations.

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