Revocation and Invalidity of European Trade Mark Revocation and invalidity of European trade mark, more precisely termed as Community trade mark (hereinafter as "CTM"), is a specific field of trade mark law of the European Union. It is Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark which forms a legal basis in this regard. The practice of the Office for Harmonization in the Internal Market and especially the jurisprudence of the Court of Justice of the European Union play very significant role in this area. The practice of the Office for Harmonization in the Internal Market and the jurisprudence of the Court of Justice of the European Union regarding Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is also relevant for the revocation and invalidity of CTM as this Directive provides for the revocation and invalidity of national trade marks in similar manner. The aim of this thesis is to analyse the nature of revocation and invalidity of CTM and individual grounds for revocation and invalidity as well as selected related issues, e.g. of procedural nature. This thesis is divided into four chapters. First chapter briefly introduces the institute of CTM and trade...

Nullity and inefficacy of legal acts in bankruptcy proceedings This thesis deals with description of nullity and inefficacy institutes of legal acts, especially with focus on bankruptcy proceedings. Such legal acts shorten the debtor's assets and the institutes of nullity and inefficacy allow to return the lost property back to the debtor's assets. This thesis is divided into six chapters which are subdivided into subchapters whilst the most important part is formed by chapters 4. and 5. The first chapter deals with the basic definition of bankruptcy proceedings, it also describes the basic principles and principles of bankruptcy proceedings which are also important for understanding the institutes of nullity and inefficacy of legal acts. There is approached the issue of the actionability of legal acts in bankruptcy proceedings in general view and in the whole chapter's conclusion I have highlighted the criminal law overlap of this topic with focus on the offense of favoring the creditor. The second chapter provides a historical excursion, not only in the context of nullity and inefficacy legal acts but also in the context of bankruptcy proceedings development as a whole and its approximation to the current legal regulation. The third chapter deals with nullity and inefficacy under civil law, or...

The title of this master thesis is "Formation, incorporation and invalidity of business company". The study is based on the Czech law contained mainly in the Commercial Code. The first part of the thesis describes the entire constitution process of a new business company. The second part focuses on issues related to invalidity of a business company. The Czech Commercial Code distinguishes six forms of business companies - general commercial partnership (unlimited partnership), limited partnership company, limited liability company, joint-stock company, European company and European economic interest grouping. Constitution process of a new business company can be divided into two phases - establishment of a business company and creation of a business company. Each of these phases contains specific issues that are analysed in particular chapters of the study. The thesis is composed of seven chapters. Chapter One provides general characteristics of a business company including its legal regulation. Chapter Two deals with establishment of a business company. It describes business company's founder and focuses on issues related to the founder's deed including its substantial requirements. Chapter Three examines legal position of a business company prior to its creation. It addresses issues related to...

Invalidity, nullity and ineffectiveness of a resolution of general meeting and other bodies of a limited company Abstract This Master's thesis deals with the issue of invalidity of the resolutions of the general meeting of capital companies in the applicable private law of the Czech Republic. The introduction of this Master's thesis covers the historical development of legislation concerning the general regulation of the limited liability company and the joint stock company with a certain focus on good morals and the invalidity of the resolutions of the general meeting of the capital companies in the territory of the Czechoslovak Republic and its successor state departments. Chapter on the legal nature of the resolutions of the general meeting follows on from this historical definition. Similarly as in the case of historical development, legal nature of the resolutions of general meeting is first addressed in historical context, more specifically before the year 2014. The purpose of this analysis is to define the basic theoretical assumptions, which are also applicable to the legal nature of the resolutions of the general meeting at the time of applicability of the Civil Code and the Business Corporations Act. The chapter is concluded with a finding that the change in the legal nature of the resolutions of...

V ANGLICKÉM JAZYCE The thesis focuses on service of documents in administrative proceedings. At the beginning of the thesis, the used terminology and constitutional framework are defined. The main part deals with the two main forms of delivery, an electronic and a documentary form. Regarding the excessive use of electronic communication in today's society, the electronic form is described in detail. Afterwards, the thesis deals with the issue of the service of documents to foreign countries and defects that may occur during the delivery. Many uncertainties and questions have arisen putting an information system of data boxes and using of data boxes for communication between entities and administrative bodies into operation. The author therefore dedicated a considerable attention to this topic. Attention is also paid to the institute of electronic signature. This institute was adopted in the Czech legislation in accordance with European legislation. Elaborating this thesis, the author used primary legal sources, literature both domestic and foreign origin, and public information sources.

Non-existence as a new legal institution of Czech law This paper deals with non-existence as a legal insitution that has been added to the traditional consequence of defective legal acts - invalidity - during the recodification of Czech private law. The aim of this diploma thesis is to comprehensively analyse the legal institution of non-existence. The paper is divided into eight chapters, the introduction and the conclusion. For the purpose of analysing non-existence comprehensively the paper focuses also on systematic explanation of legal acts themselves. The first chapter brings the definition of legal act, deals with different ways to enter into legal acts as well as forms of legal acts provided by law or by agreement of contracting parties. The second chapter focuses on describing the principles of legal act whilst aiming especially on manifestation of will as the essence of legal act. Besides that this chapter deals with creation of legal acts and their legal effects. The chapter three defines the four essential elements of legal acts - the elements of subject, the elements of will, the elements of manifestation of will and the elements of the object of legal acts. The fourt chapter continues with description of legal acts that suffer from defect in one or more of their essential elements,...

This diploma thesis deals with two types of disputes under the Czech employment law - the employment disputes and the labor disputes. The main reason for choosing this topic of the thesis was partly due to author's personal experience with the employment dispute, the extensive judicial case law as well as some aspects of the solution of employment disputes before the court - especially the length of proceedings and the decreasing number of cases brought before the court. The first chapter of this thesis relates to procedural aspects of the employment disputes and the author analyzes the main differences between "ordinary" civil proceedings and the employment disputes proceedings. The basic difference is the appointment of the court in the employment disputes, especially the assessors, and the decision-making process of the panel of judges. The main focus of this thesis is a chapter dealing with the employment disputes about the invalidity of the termination of employment, especially focusing on the substantive legislation of each of the methods of the termination of employment and the basic conclusions from the case law of the general courts. Following the main chapter are also solved questions about employment disputes regarding the amount due of the wage and also the issue of disputes concerning...

Invalidity and Ineffectiveness of Legal Action in Insolvency Proceedings Abstract The subject of this thesis is a comprehensive analysis of the institute of invalidity of legal actions and ineffectiveness of legal actions and the incorporation of these concepts in contemporary legal theory and practice. The legislation protects the rights of recipients of the law and the public interest by identifying the legal actions which contradict the principles of morality or (and?) the law, as absolutely or relatively invalid, if the meaning and the purpose of the Act so require. Legal actions are also considered invalid if those actions undertake to the fulfilment of something impossible and in certain cases also if those actions are not made in the required form or if they are an error. The current legislation also protects creditors from the behaviour of debtors, if they intentionally shorten their creditors, through an institution called the relative ineffectiveness of legal action. The purpose is to protect creditors, guarantors and other persons against this shortening legal actions made by debtors. Such conduct of the debtor is formally not problematic, but it damages creditors, who therefore have the right to demand that the court determines such action is ineffective (only) against them. The author's...

71 Invalid and Apparent Termination of Employment by the Employer Abstract This diploma thesis deals with an everlasting issue: invalid and apparent termination of employment by the employer. The text of the thesis is divided into five chapters, further segmented into subchapters, some of these consisting of even lower level chapters. The first chapter covers the historical development of labor law and its separation from civil law into a separate branch of law with its own code. The following chapter defines the basic legal concepts, which are employment and legal transaction, as well as the invalidity and appearance of legal transactions. The second chapter also contains a reflection on the meaningfulness of the legal institute of appearance of a legal transaction. In the third chapter are analyzed specifics of the invalidity of legal transactions in labor law and the consequences of invalidity of the employment termination. The core of the diploma thesis is formed by the fourth and fifths chapters, containing a non- exhaustive list of reasons for invalidity and apparent termination of employment by the employer and a more detailed definition of these reasons, including a thorough analysis of some contentious issues. It was also necessary to cover the ineffective delivery of a document which leads to the...

The aim of my thesis titled "Formation, incorporation and invalidation of the business company" is a description of a complicated two-stage process of establishment of a business company. In connection with the recodification of civil law the thesis focuses on the changes that recodification brought, points out its weaknesses and tries to propose possible solutions. The aim of this work is not to be a guide for potential founders, but rather to discuss the different phases from the theoretical point of view and with regard to the recent changes. The work also does not deal with general issues relating to business companies and even the process of establishing a European company and European Economic Interest Grouping. The thesis is divided into five chapters, each of them dealing with different stage or question of the establishment of a business company. The chapters are further subdivided into sub-chapters that discuss the individual phases in detail. The first chapter provides a general introduction and a basic description of the discussed topic. The second chapter deals mainly with the requirements of the founder, his position and the nature of the founding legal action. In the third chapter the thesis mainly addresses the issue of legal action of the preliminary business company and other...