Business of foreign persons through a registered branch Abstract The thesis presents a description and analysis of legal aspects related to the issue of business of foreign persons through a registered branch and identifies related problems, either those purely at the level of legal theory or those that occur in practice. The knowledge gained through the description and analysis is then used to make a comparison between the business of a foreign person through a registered branch and the business of a foreign person through an ownership interest in a limited liability company. In the first part of the thesis, the definition of basic terms is first performed, especially of the term foreign person. Furthermore, this part of the thesis describes a valid legal regulation of conditions of business of foreign persons in the Czech Republic according to public law regulations, with a focus on foreign legal persons. In the last chapter of the first part of the thesis selected ways of doing business of foreign persons in the Czech Republic are presented, especially with the aim of introducing these ways of doing business as alternatives to doing business through a registered branch. The second part of the thesis deals with the institute of the registered branch and does so with the aim of defining its essential...

Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...

Criminal proceedings against legal entities Abstract Regarding the character of a legal entity as a fiction, criminal proceedings against legal entities differ in many ways in comparison with standard criminal proceedings against a natural person. The aim of this work is to analyze certain specific institutes, whose interpretation and application is problematic with respect to the interweaving of the procedural regulation contained in Act No. 418/2011 Coll. on penal liability of legal entities and proceedings against them, with the classic regulation contained in the Criminal Procedure Act. This thesis is divided into two main parts. The theoretical one, which serves as the introduction of the whole work, briefly discusses traditional topics related to the substance of penal liability of legal entities, i.e. reasons for its adoption, its concept, its sources and legislation, including their ongoing changes. The merit of the work is, however, its special part, which in six chapters deals with specific institutes and issues of criminal proceedings against legal entities. Gradually, in the special part of this thesis, the issue of the representation of a legal entity in proceedings is analyzed and individual subject that can perform acts on behalf of a legal entity in criminal proceedings are discussed....

Selected Issues of Criminal Proceedings against a Legal Entity Abstract As the name implies, this work deals with selected issues of criminal proceedings against a legal entity. In the presented work, the author aims to draw attention to some difficulties that may arise in criminal proceedings due to the typical nature of legal entities, and to the selected institute of criminal procedural law comparison of the application of principles of criminal proceedings between natural person and legal entities. In fact, the initial problem may be that the current criminal law relating to legal entities is launched briefly. Therefore, this work reflects the current special legislation governing criminal proceedings against legal entities in the sense of Act No. 418/2011 Coll., of criminal liability of legal entities and proceedings against them, applying the relationship of subsidiarity to the general legislation of criminal procedural law, namely Act No. 141/1961 Coll., of Criminal Procedure. At first, the author briefly addresses the question of whether the principles of criminal proceedings apply to criminal proceedings against a legal entity. For the purposes of further formulation of this work, the author simultaneously discusses in the first chapter the principle of equality before the law. In other parts of...

Title of diploma thesis in English language, abstract in English language and 3 keywords in English language Title of diploma thesis in English language: Criminal liability of legal persons Abstract in English language: In this diploma thesis, the author deals in more detail with the criminal liability of legal persons. Although Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them, has been in force for nine years, the topic of criminal liability of legal persons is still very topical and frequently discussed. Due to the fact that the legal regulation in this area is relatively extensive, the author focuses only on some institutes of criminal liability of legal persons, which she dealt with in more detail. The first part of this thesis covers private law, where the concept of legal person, the characteristics of a legal person and the characteristics of individual legal persons are approached. In this part of the thesis, the author points out in particular that a correct understanding of the concept of legal person is necessary for a proper understanding of the criminal liability of legal persons and the reasons that led to its entrenchment. In the second part, the author deals with individual arguments that are not only in favour but also against the introduction...

The thesis focuses to define the concept of selected activities in construction and further entities which are allowed to conduct the activities in construction and what qualification is needed for them and what is their range of responsibility. The thesis is divided on two parts. The theoretical part deals to define the basic concepts, which origins in law. The practical part contains exact example on which are, used activities of authorized persons, their duties during the activities in construction and their responsibility. The essential part of the thesis are the proposals and recommendations, which could open the discussion for some future changes leading to more effective achievement in selected activities in construction.

in English This diploma thesis deals with the field of commercial law concerning corporate groups. It focuses mainly on the influential person and its position and the emphasis is on the influence exercised and the consequences that the performance may cause. A substantial part of the thesis is devoted to the tools available to a person influenced and creditors in cases where the consequences foreseen by law are caused. The second part of the thesis deals with the same issue, but in terms of the legal order of the Great Britain. There is no regulation of this area of corporate law conceived as comprehensively as it is in the legal framework of the Czech Republic. The diploma thesis therefore focuses on the individual provisions of various legal regulations, which in this context protect the influenced/ subsidiary companies and their creditors. The final part is devoted to the comparison of both legal systems with the emphasis on comparing similar legal provisions as well as issues that are not regulated in the Czech legal framework. By comparison, I conclude that the Czech legislation provides a more suitable environment for the status of an influential person, the functioning of corporate groups, the protection of persons influenced and their creditors.

Selected issues of criminal liability of legal persons in the Czech Republic and in the Federal Republic of Germany Abstract In this diploma thesis, the author deals with the issue of criminal liability of legal persons in the Czech Republic and in the Federal Republic of Germany. The aim of the thesis is to define certain key issues of the legal regulation of criminal liability of legal persons in the Czech Republic and within them to analyze controversial points, including the proposal of possible options of de lege ferenda solutions. In this context, the thesis is also focused on a comprehensive treatise on the legal regulation of tortious liability of legal persons in the Federal Republic of Germany. The work consists of three chapters. The first chapter is devoted to the general definition of criminal liability of legal persons and its basic concepts, the historical development of criminal liability of legal persons within continental and Anglo-Saxon legal culture and international legal obligations of the Czech Republic arising from international treaties and European Union legislation. The second chapter focuses on the substantive legal regulation of criminal liability of legal persons in the Czech Republic, specifically on its basic characteristics, the scope of Act No. 418/2011 Coll., on criminal...

The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of the act number 250/2016, on the liability for administrative delicts and the proceedings on them, a legal regulation regulating administrative delicts and misdemeanours was unified under a single category of administrative delicts. This act newly regulates the administrative liability of legal entities. The aim of this thesis is to analyse individual factors of liability of legal entities for administrative delicts. The first chapter outlines the historical development of the administrative liability of legal entities from antiquity to the current legal regulation with a focus on the development of this legislation in our country after the year 1918. The chapter concludes with the reform of administrative punishment. The second chapter offers a brief discussion of the sources of legal regulation of liability for administrative delicts. The third chapter focuses solely on the concept of a legal person from the point of view of the Civil Code and of the term administrative delict, its material and formal aspect. The fourth chapter deals with the basics of liability of a legal entity for a delict. It focuses on the conditions under which a legal entity is the perpetrator of a delict....

The aim of the diploma thesis is to define presumptions of the criminal liability of healthcare providers and answer the question in which circumstances and under what conditions can healthcare providers can be criminal liable. The diploma thesis is divided into nine chapters. The first chapter deals with legal entities, particularly their history and definition in Czech legal order. In second chapter I envisage with the basic medical law terms importing in relation with the subject of the diploma thesis, especially I mentioned health related services, healthcare, services to promote and maintain health, healthcare provider and patient. In the third chapter I define in general the fundamental types of legal liability in the health care sector and in the subchapter I analyse the institute of the informed consent, which is in my opinion an important aspect in defining legal liability in healthcare. Further in the fourth chapter I focus specifically on criminal liability, which I first define as such, including the individual circumstances that exclude unlawfulness, then I deal with the criminal liability of legal entity and its possible criminal conduct in relation with the provision of healthcare. I also analyze the terms of lege artis and vitium artis procedure, which are usually the necessary...