Resumé Agreement on the Future Agreement according to the arrangement of Commercial Code The thesis deals with the institute of a contract about a future contract in the sense of a commercially legal adjustment. Although the focus is on the analysis of the legal institute according to its currently valid arrangement, the thesis also contains a brief historical excursus about the development of the pacta de contrahendo institute. The reason for it is the fact that a contract about a future contract is a legal institute with a long history which dates in the Roman law, where there cannot be any doubt that the long historical development of the institute of a contract about a future contract contributed to the forming of its current form and concept. From the point of view of the valid legal adjustment of a contract about a future contract implemented by the code of law the thesis deals with single necessities of this legal institute, as to say with the subjects which can conclude a contract about a future contract with essential necessities which condition its valid negotiation. It is also dealt with the consequences of breaking the obligations following from concluding pacta de contrahendo. Collaterally with the analysis of the valid commercially legal adjustment of the pacta de contrahendo institute there...

Resumé Information duty of municipalities in selected countries In this thesis I have concentrated on the topic of transparency and openness of municipality bodies in the Czech republic, the Slovak republic and the Free State of Bavaria. The legislations in these countries have historically similar grounds, nevertheless, nowadays they show up many distinctions. My concentration was focused on the Czech legislation and legislative proposals, since the topics of open (digital) society, transparent politics and elements of direct democracy are being held as popular key words in the election struggles. The attempts of last three governments were heading almost to the same goals, showing that there is a need to adjust the processes of municipality bodies in terms of enabling citizens to participate and control easily the work of their representatives. These measures were meant to have the effect of decreasing the possibility of corruption at the municipal level. I have oriented on the following topics in comparing of the relevant legislations: the possibility of public to be present during sessions of municipal bodies; processes of preparation and invitations of citizens to these sessions and legal consequences in case the procedure would not be abided by; releasing of written and multimedia records of the...

Duty of Care in Czech and German Civil Law Abstract The thesis deals with the importance of duties to prevent damages (duties of care) in Czech civil law. It focuses on detailed analysis of a few provisions of the Czech Civil Code. The main attention is focused on s. 415 of the Civil Code (Act No. 40/1964 Coll, the Civil Code, as amended; "OZ") establishing "the general duty of care". Findings about duties of care in the Civil Code are compared to a system of duties of care in German law of delict and additionally discussed using tools of economic analysis of law. The paper results in recommending changes in wording and interpretation of the duties of care and their comparison with the wording established by Act No. 89/2012 Coll., Civil Code ("NOZ"), effective from 1 January 2014. Chapter One examines development of interpretation of main provisions of OZ establishing duties of care. It briefly analyzes basic aspects of law of delict of OZ. It makes use of these findings in order to describe a position of duties of care in law of delict and limits of their interpretation. The main imperfections of their interpretation are illustrated on a couple of judicial decisions. Chapter Two briefly describes the system of law of delict under the German Civil Code ("BGB"). The chapter explores criteria of application...

The issue of maintenance and maintenance rights in Czech law This diploma thesis deals with legal regulation of maintenance and maintenance rights in the Czech historical context. The legislation of the Czech Republic is compared with the regulation of the Slovak Republic. The first part describes the historical development of this regulation, from the time of Roman law to the present. It also explains the meaning of the term "maintenance" and "maintenance duty" and the difference between these terms. As a follow-up, other parts of the diploma thesis deal with the various types of maintenance obligations that exist in the current Czech law. For each type of obligation, the manner of its origin, the way of determining its extent and the duration of its duration are described. For the sake of completeness of this issue, the thesis contains a part dealing with the frequency of individual types of maintenance obligations in proceedings before the courts, general assumptions for the award of maintenance, ways of its fulfillment, maturity and possibility of changing the amount of the maintenance obligation. The next section deals with the procedural issues of the maintenance and maintenance obligations, namely the possibility of including maintenance, the limitation of the right to maintenance and the...

Conscious and carefully planned decision making is a part of management containing planning, organization, operative management, motivation and control. All these components of management as well as their effective functioning are dependent on knowledge, data transfer and information processing and holding. If their acquisition is not or cannot be dependent on an activity of deciding subject itself (or dependent on an optional cooperation with other subjects) and data and information are essential and determinant in social point of view, then the third persons must be bound to provide them. A duty to provide such information must be set by legal rules. For purposes of this work, an information duty is specified as a legally binding duty of certain subject to provide information to another subject whose breach results in a rise of legal liability. Objects of this duty are data and information recognized by legal regulations as relevant for control and decision process. Subject of this work is a description and subsequent analysis of regulations of information duty in business relations in domestic legislation, especially information duty of entrepreneurs towards customers and consumers. Fighting this aim, contract basis of information duty is accentuated. The analysis of information duty is further coupled with characteristics of elementary legal tools how to protect the authors, providers and receivers of data and information, and also with the essential characteristics of public and private responsibility for breach of information duty.

1 Abstract Transfer of ownership of flats from the cooperatives to its members The aim of this thesis is to analyze the legislative regulation of transfers of ownership of flats from housing cooperatives to their members. This is a hot topic, since there are still many members who have not yet settled legal claims against the housing cooperatives. Attention is paid to the legislation contained in the Act on ownership of flats. In addition, legal regulation in the Transformation Act is mentioned, which introduced legislation on transfer of ownership from housing cooperative to its members. Individual provisions of the Commercial Code, which relates to housing cooperatives legislation, are also being analyzed. The thesis consists of four chapters. The first chapter discusses the formation and development of housing cooperatives, explains its basic principles and mainly characterizes concepts of former housing cooperatives. This introductory chapter also defines the basic terms of the housing cooperatives, such as a cooperative housing and cooperative apartment. The second chapter is interpretation of the contemporary legislation on transfer of ownership of cooperative units. Firstly, the legal protection of a member of a housing cooperative is analyzed in detail. Considerable attention is paid to contractual...

This master's thesis is concerned with an issue of the crime of Evasion of Alimony Payments under s. 196 of the Criminal Code. Next to this primary provision is this issue included in the next following provisions of the Criminal Code, namely under s. 196a of the Criminal Code, regulating still relatively new provision of punishment, and under s. 197 of Criminal Code, special provision relating to Effective Repetance. The main aim of this thesis is a comprehensive explanation of all aspects of this crime, increased attention has been paid to potential decriminalization or partial legal regulation of this crime into the future. Purpose of the crime of Evasion of Alimony Payments is interest of the society of proper fulfilment of the statutory duty to maintain subsistence between the family members. With the reference to appearing of this crime entirely in connection with evasion of the statutory duty to maintain subsistence toward the childern, emphasis was put on this part of issue during the writing this thesis. This master's thesis is divided into 12 chapters, introduction and conclusion. Special attention is given to the essential aspects and decription of this crime, hist short analysis of the criminological aspects and historical evalution of this crime in the first three chapters of the...

Aneta Kubínová: Reporting of Crimes and Significance of Reporting in Criminology, 2016 Abstract: A criminal complaint is an instrument of criminal law, which allows the public to participate on suppression of crime. Furthermore, a criminal complaint is the most common mean how the criminal justice learns about committed crimes. This master thesis aims to cover the topic of reporting of crimes via a criminal complaint in the legal system in Czech Republic. The thesis is divided into six chapters. The first chapter covers the basic principles regarding the reporting of crimes in the Czech Republic. The subchapters revolve around criminal law principles relevant to the submission of the complaint, registered and latent criminality and perspective of the victim of reported crime. The second chapter studies the legislative requirements of the reporting of crimes in the Czech Republic, which is mostly regulated in the Criminal Procedure Code. The subchapters focus on a criminal complaint viewed as an incentive for criminal prosecution and on the formal and content requirements. The third chapter examines the preparatory proceedings of prosecution. The subchapters address the proceedings following the filing of a criminal complaint, the criminal investigation and introduce the reduced preparatory proceeding. The...

In dieser Masterarbeit wird die Problematik des Gesundheitsschadens im tschechischen und im deutschen Zivilrecht beschrieben. Das Ziel dieser Arbeit ist, eine Übersicht über den Gesundheitsschutz in beiden Rechtsordnungen, und darüber, wann die Gesundheit verletzt wird und welche Folgen daraus entstehen, zu bieten. Dazu wurden die komparatistische Methode und die analytische Methode benutzt. Die Arbeit wird in drei Hauptkapiteln gegliedert, die ersten zwei widmen sich der Regelung in der deutschen und der tschechischen Rechtsordnung und das dritte der Komparation. Die Aufmerksamkeit wird zuerst der verfassungs- und internationalrechtlichen Verankerung des Lebens- und Gesundheitsschutzes geschenkt. Weiter wird geringfügig die vertragsrechtliche Haftung beschrieben. Die Hauptaufmerksamkeit wird der deliktischen Haftung geschenkt - es werden die Voraussetzungen für ihre Entstehung, sowie auch die Art und der Umfang des Schadensersatzes erläutert. Selbständig wird auch der Körper als der Objekt des zivilrechtlichen Schutzes beschrieben, und es werden auch die Fälle der sogenannten "wrongful birth", bzw. Kind als Schaden und "wrongful life", sowie auch die Sekundäropfer erwähnt. Der deutsche Teil erhält zusätzlich auch die Beschreibung der Haftung für vorvertragliche Pflichtverletzungen und der Verträge...

Duties of so-called quoted joint stock companies Thesis author: Mgr. Marek Novotný Thesis supervisor: prof. JUDr. Stanislava Černá, CSc. This thesis is concerned with the regulation of duties of quoted joint stock companies (especially the duty of information) and its various institutes. The purpose of this thesis is to describe the legislation in this area of law and its development, with emphasis on the transposition of European legislation, and subject them to critical evaluation. In the first chapter the theoretical framework is defined by describing key legal concepts (the term "quoted joint stock company", "regulated markets") and the development of the most important legal regulation in this area - Act No. 256/2004 Coll., on Business Activities on the Capital Market. The second chapter is devoted to regulated markets and subject information duty. The third chapter deals with the admission of a security to trading on a regulated market and associated initial information duty of joint stock company, which is willing to become quoted. I describe mainly the prospectus and its essential elements. In the fourth chapter I analyze in detail the different types of regular (periodic) information duties, which are the annual report, semi-annual report and interim report. The following fifth chapter is...