Comparative analysis of representation by the attorney in Czech and Spanish civil proceedings The subject of the diploma thesis is the comparative analysis of representation by the attorney in Czech and Spanish civil proceedings. The first part is dedicated to concepts of civil procedure and it's categories. The second part contains a definition of the concept of representation in the civil procedure and it's categories in the Czech and the Spanish law. The third part which is crucial for this thesis focus on the role and the position of an attorney in the civil procedure and on the relationship between the attorney and his client. The third part is also dedicated to the attorney and the requirements the attorney has to meet according to the law. In case of the attorney, as a professional in law and as a member of a bar association, and in case of the relationship between attorney and his client - Czech and the Spanish law are very similar to each other. However significant differences exist in roles which attorney holds - precisely the extent of his activity as a representative of the participant. One of differences is an existence of the legal institute of the legal representative in the Spanish procedural law. This legal institute does not exist in the Czech procedural law and its functions...

This diploma thesis deals with administrative costs of a road tax. The increase in tax liability per vehicle based on introduction of environmental road tax is deter-mined by quantification of administrative costs. The administrative costs emerging during collection of road tax in current period were quantified at first. Then future administrative costs are estimated with assumption that road tax is collected from each car and general environmental tax is determined by CO2 emission. The next step is to determine administrative costs per one vehicle. Consequently future administrative costs will be estimated based on total number of registered cars in the Czech Republic. These costs are assigned to 1 gram of CO2 emission produced by cars on 1 realized kilometre. In the end two models of increase in tax liability per vehicle will be compared. Quantitative and qualitative analyses that evaluate current situation of collection of road tax in the Czech Rep. are also part of the thesis.

The topic of my diploma thesis is "Prevention of damage". The introduction of the thesis examines prevention of damage in general, main principles and history of prevention in civil law. It is followed by a comparison between the ways this issue is treated in the previous Act No. 40/1964 Sb., the Civil Code, and the current Act No. 89/2012 Sb., the Civil Code. The main part of my thesis is subsequently focused on the ways prevention of damage is treated in Act No. 89/2012 Sb., the Civil Code. The thesis is divided into two parts. The first part contains an introduction to the prevention of damage, it looks into the theoretical definition of terms, selected principles of prevention of damage (which originate from Roman law) and then an outline of historical development of the prevention of damage in the civil codes in the territory of the Czech and Czechoslovak Republic. The second part analyses prevention of damage in Act No. 89/2012 Sb., the Civil Code. This part contains six chapters, which follow the structure set out in Act No. 89/2012 Sb., the Civil Code. The first chapter summarises the theoretical view on prevention, the second chapter describes historical development of the prevention of damage. The second part of the thesis is mainly focused on section about General prevention duty, firstly...

Thesis that pursues theme of employing people with disabilities is divided into three chapters. In the first chapter is given who belongs between disabled people, when employers are obliged to employ such people and what is mandatory quota of such people. The second chapter deals with employing people with disabilities and events that forego employing - such as education and talks with authorities. The third chapter deals with kinds of employment that are supported by the state.

ABSTRACT Mgr. Bc. Lukáš Raida The scope of so-called preventive obligations of forest owners relating to the general use of woods and the protection of surrounding properties. The aim of the thesis was to analyse the legal status, in particular with regard to jurisprudence, and to specify the scope of legal obligations of forest owners in relation to the general use of forests and the protection of surrounding properties. The thesis also includes a proposal for amendments to current legislation aimed at strengthening the position of the forest owners. On the basis of research into case law, the High Court of the Czech Republic has compiled a systematized overview of preventive obligations of the forest owners, and designed an effective system of care for the safety of the forests, accompanied by a record of carried out preventive activities. The introduction of these systemic measures significantly reduces the risk of liability for forest owners for damages incurred in general forest use, as well as damage to properties located near the forests. It was found that existing jurisprudence of the High Court, brought into effect in the Civil Code and valid until 31st December 2013, is and will remain applicable for cases of damage incurred after 31st December 2013, for effectiveness of the new Civil Code.

The duty of loyalty of a member of a business company This thesis deals with the topic closely connected with the field of corporate governance which is a part of corporate law. According to the American legal theory is duty of loyalty one of the fiduciary duties. The traditional classification of fiduciary duties is based on dualism - duty of loyalty and duty of care. But this concept is changing over time mainly due to case law. There is no settled opinion on the basic question how many fiduciary duties there are. Current opinion of the respected authority in this field - Delaware' Supreme Court is based on dualism of fiduciary duties, but not in the traditional meaning. The duty of loyalty includes according to the opinion of the judges not only conflicts of interests and self-dealing situations, but breach of good faith as well. On the other hand the traditional point of view was settled on two fiduciary duties - loyalty and care as well. Duty of loyalty was connected with conflicts of interest situations between principal and agent, when the personal financial interest of the agent was present. Duty of loyalty protected the legal position of the principal when agent managed entrusted property. The duty of care was connected with the interest of the principal and due performance of the agent with the...

The dissertation is focused on research of the general duties of members of the board of directors in a capital company, in particular the duty of loyalty. Besides the duty of loyalty, members of the board of directors have a duty to act with due managerial care. The doctrine paid attention to the specification of the duty to act with due managerial care but there has, as yet, been no attention paid to the duty of loyalty. The new legislation contained in the Civil Code Act n. 89/2012 Sb. (CC) subordinates the duty of loyalty under the duty to act with due managerial care. The subject of the dissertation is research of the nature, origin, and function, of the duty of loyalty. The conclusion of the dissertation is the confirmation of the hypothesis, that the duty of loyalty by which a member of the board of directors is bound, is a fiduciary duty and an independent duty, which is not a part of the duty to act with due managerial care.

This diploma thesis deals with the topic of an employee's duty of confidentiality in a basic labour relationship. It seeks to find an answer to the question of whether there is some kind of a "general" employee's duty of confidentiality of certain facts, to which all the employees must oblige. The Czech Labour Code does not explicitly define this duty. If a general duty does not exist, it would have to be stipulated contractually. This diploma thesis is divided into four parts. The first part pays attention to the duty of confidentiality as such. It focuses on its content because it is essential to clarify what the "duty of confidentiality" means. Definitions of the duty of confidentiality created by different expert literature authors are covered in this part including the definition created by the author of this thesis. The second part represents the core of this diploma thesis since it deals with an employee's duty of confidentiality as it is stipulated by the Labour Code. The author addresses the so-called "special" duties of confidentiality which are explicitly stated in the Labour Code for certain groups of employees. Moreover, this part examines the general duty of confidentiality applicable to all employees who carry out work based on a concluded basic labour relationship. An employee's...

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Maintenance between spouses, maintenance between former spouses, maintenance between civil partners Abstract The diploma thesis deals with maintenance between spouses during marriage and after divorce and maintenance between civil partners. The maintenance duty and right for maintenance is recently a discussed topic, particularly due to high divorce rate. It is not a novelty that a divorce of a marriage or termination of a civil partnership strongly influences all of the partaking not only emotionally, but also economically. Exactly in these cases, the law provides a protection to the economically weak members of a family in a form of maintenance institutes. The biggest attention is usually dedicated to the maintenance and support of a minor. The other kinds of maintenance are not mentioned very often. The aim of this work is to analyse current legal regulation of the above mentioned institutes in the Czech legal order and compare it to the already repealed Family Act. After the recent Civil Law recodification, most of the relevant provisions were integrated to The Civil Code. Nevertheless, its content was not fundamentally changed. The thesis is basically divided into four main parts. The first and the most important part deals with the substantive regulations of all the above mentioned institutes. It...