Resume. The aim of this thesis is to provide a compact view on the issue of public law contracts in the currently applicable laws and regulations and insight into the issues of public contracts and present their legal status in the Czech Republic. Public contracts have a lot in common with private contracts , but they also have many specifics . This work deals with the way the creation, liquidation , or change of public contracts and distribution of agreements for coordination and subordination agreements.
Resume. My bachelor thesis deals with public-law contracts. The aim of my thesis was to develop a general overview of the public-law contracts covered by Act No. 500/2004, Administrative Code. Another aim of the thesis was to analyse some public-law contracts and to focus on the most concluded public-law contract between the municipalities. This part is also complemented by the comments of the mayors or secretaries of some municipalities on the issue off the public-law contracts. The thesis is composed of ten chapters. Chapter One concetrates on the characteristic of the public-law contracts. At first I specified the legal definition and I pursued then another characteristic of these contracts. Chapter Two defines various types of public-law contracts. Part Three focuses on closing the public-law contracts. Another topic described in my bachelor thesis is the issue of the compliance of the public-law contracts with the legal regulations. The folowing topic is dedicated to the changes to content of public-law contracts, to the notice and its possible cancellation. Chapter Six focuses on the consent of a third party to a possible public-law contract which would directly affect their rights and obligations. Chapter seven concentrate on the commitments resulting from the public-law contracts, which means the disputes and the adversary procedure. Part Eight is related to the general provision § 170 of the Administrative Code which also mentions the use of other parts of law and the civil code. The penultimate chapter provides examples of the public-law contracts. The conclusion of my bachelor thesis appears to be rather practical. This part describes the public-law contracts in practice. There are two tables reflecting which is the most concluded public-law contract between the municipalities in the Region of Domažlice. I subsequently asked some of the mayors and secretaries of the municipalities about these issues. The public-law contracts allow to transfer certain competences under the terms of the public administration, which means that these contracts may serve as a certain improvement of public administration. The contracts are also used to engage the recipients of public administration into participating in it. In this field there is a large number of problematic moments and unclarities although the form of the public-law cotracts seemed to be clear to me at first. Until now, there are no legal opinions on single types of public-law contracts, especially on the p...
Resume. The aim of this thesis was to describe the process of conclusion of the international sales contract according to the rules given in the Convention on Contracts for the International Sale of Goods (“CISG”) in regard to the so called non-state means of legal regulation. The process of conclusion of international sales contract plays a very important role in relationships between international tradesmen. Tradesmen must devote careful attention to the contractual process to prevent the possible future problems. I consider the formation process of an international sales contract to be very significant and therefore, I have chosen this topic to be dealt in my diploma paper. Legal regulation of the sales contract formation is without any doubt necessary. International business world is very specific and the need of transnational regulation in this field was inevitable. The most significant result of the up-to-now endeavours was the CISG. In contrary to the previous attempts of uniform regulation, CISG was already accepted by the tens of the states. The provisions of CISG are clear and understandable enough, known to the businessmen from different countries. Recently, the question arises, if the general provisions of CISG could still regulate current modern international trade accordingly. Still and all, CISG was created and accepted more than thirty years ago. Moreover, international trade is today influenced by the so called non-state means of legal regulation. They are for example terms and conditions, international usage and the practices which the parties have established between themselves. These are formed independently from the will of the states and are created by the tradesmen themselves or by the international chambers of commerce. Non-state means of legal regulation could complete or even supersede the provisions of CISG. In my paper, I have tried to find the answer for the question, if the regulation of the sales contract formation in CISG is so general that it is insufficient for the modern trade, and it is therefore necessary to complete the regulation in CISG and supersede it by the so called non-state means of legal regulation. CISG regulates the international sales contract formation in its second part. The requirements and conditions of an offer and an acceptance do not in principle differ from the regulation in the Czech law. But the situation is different in the so called modified acceptance which is regulated in Art. 19 par. 3 of CISG. Modif...
Resume. An employment contract spells out the conditions of employment including wages, hours, and type of work. Depending upon the level of employment, the responsibility of the new employee, and the nature of the business, the conditions of employment should be detailed regarding the following elements: • Term of employment. • Duties of the employee including general and specific responsibilities and performance of duties. • Compensation including monthly salary, automobile expenses, relocation and moving expenses, and a one-time bonus inducement if used. Details such as bonus or incentive plans, stock options, salary deferment plans, disability benefits, and health and retirement plans may or may not be spelled out. • Confidentiality required of the employee regarding employer's operating expenses, pricing formulas, procedures, trade secrets, and proprietary information. This confidentiality extends to employee lists, customer lists, or prospective customers who become clients of the organization during the individual's term. • A non-compete clause. • Provisions for termination including a violation of responsibility, an inability to perform duties, reorganization, or low company profits. Higher-level employees frequently have a clause included in the contract to state a certain amount of money, often from six to twelve months' salary, that will be paid to the employee in the event of termination by disagreement or dispute. Any item not covered in the original employment contract falls under common-law rights. Therefore, an employee owns the rights to all ideas, inventions, or discoveries unless he or she was specifically hired to develop those ideas or inventions. If the idea or invention is the incidental result of employment, then the rights belong to the employee unless otherwise specified in the employment contract. Employment Contract Prior to the conclusion of an employment contract, the Employer must inform the employee of his/her rights and obligations arising from the employment contract, and inform him/her of the labour and wage conditions, under which the work is to be carried out. In cases specified by the state health authorities, the employer is required to ensure that the employee undergo a preliminary health examination before the employment contract is concluded. The employment contract between the employee and the employer must be concluded in writing. However, if the employment is arranged for a period not exceeding one month, the employer i...
Resume. Přílohy (Úplná znění vybraných příkladů prorogačních ujednání):
Resume. First part of this thesis aims at obtaining and deepening of theoretical knowledge about the development and current status of legislation concerning prorogation fori (choice of forum) within the scope of international consumer contractual relationships through the study and interpretation of existing legal provisions with regard to the current case law of the Court of Justice of the European Union. Second part of this thesis aims to select real cases of prorogation fori in chosen agreements to point out the relationship between the theoretically correct and real or commonly used wording of prorogation fori clauses in consumer contracts. This thesis focuses on the overlap of two relatively independent legal aspects of international consumer agreements. One is a procedural concept prorogatio fori, the second is the concept of consumer protection as the weaker party of such a contracts. Seven real-life examples of concerned contractual clauses were selected for the study. The variety apparent among the selected group of contractual clauses (all of which were designed as choice of forum clauses) quickly showed that there is no uniform approach to this issue, not even among the leading businesses in the consumer sector of the market. Even within this relatively small sample of seven different clauses used approaches ranged from formally proper wordings reflecting the various provisions of the existing European legislation, to an apparent effort to enforce exclusive jurisdiction of a certain court. In the end current strict European legislation merged/smoothed diverging contractual provisions of each company, by applying hard standards of the current European law on concerned contractual clauses and essentially creating uniform basis for consumer legal recourse. The work thus clearly shows that choice of forum clauses while in theory plausible have very limited use in factual international consumer agreements. Seznam použitých zdrojů a literatury: Publikace: • XXXXXX, Xxxxxx. Mezinárodní právo soukromé. 6., opr. a dopl. vyd. Brno: Doplněk, 2004, 458 s. ISBN 80-723-9167-4. S. 330. • XXXX, Xxxxx Xxxxxx. Electronic consumer contracts in the conflict of laws. Oxford: Hart publishing, 2009, xxix, 317 s. ISBN 9781841138473.
Resume. This work gives an overview of the problems faced when concluding a contract for the purchase of goods internationally. It should not be forgotten that international purchase contracts represents only a fraction of all international economic ralations.81 International purchase contracts are used in entrepreneurial activities in a wide variety of fields and for a variety of reasons; they allow markets to be networked effectively and they reduce the distance between entrepreneurs, so that utlising modern technology it is possible to network with entrepreneurs in other countries or continents. Similarly, effective use of technology allow goods to be delivered rapidly and efficiently. It is important that the chain events, from ordering goods to their final delivery, runs as smoothly as possible and an international purchase contract is of vital importance. When drawing up such a contract, it is imperative that many questions are asked so that problems are less likely to occur. Legal advice is also advisible. It is common for standard contracts to be used with modifications added for each in- dividual contract. There is a danger that if the contract is based on translations, then errors can be accentuated, leading to problems in the future. Such misunderstandings can end up in court unless they can be resolved amicably out of court. It is important to carry out background checks on businesses with which you plan to do business. Failure to do so could result in significant financial losses or even bankruptcy. Checks should be made as to the financial stability of the company, their trustworthiness and the safety of the country in which they operate. If there are any doubts as to the cre- ditworthiness of a company, then it is best not to proceed with the contract, or use alternative methods such as system documentary credit. The creation of a comprehensive and well planned system will lead to substantially better results.
Resume. The subject of my graduation theses concerns a public law contracts. On the first pages I tried to give a point about their development and historical context. I was talking not only about a public law contracts history, but also about public law theory and history itself. I consider important to map the environment from which the public law contracts originate, because from this results the long tradition of public law contracts in the Czech republic. Public law contracts have come into legal order with an act number 500/2005 Coll., the Administrative Code., where they have been generally adapted for the first time. Public law contracts, as a Czech traditional law institute, were not used a lot because of there were no acts adjusting all aspects in contracting. This problem has been solved with the new Administrative Code. It is important to say that public law contracts are one of the forms of public service. The legal definition of a public law contracts can be found in paragraph 159 of Administrative Code. This provision defines public law contract as a bilateral or multilateral legal operation, which establishes, changes or repeals rights in public service. Through this are transferred force and authority of public law subjects or are adjusted their execution.
Resume. Although the agreement on a future contract is currently a very widely used contract, so this one remains ignored and we can hardly find anywhere, except a few sections in the Civil and Commercial Code, a really satisfactory piece of information about this issue. I tried to fill this gap a little in my thesis. The agreement on a future contract is arranged by Czech law, both in the Commercial and the Civil Code. In comparison with the Civil Code, the Commercial Code is much more liberal and gives the parties more opportunity to deviate from this arrangement e.g. the subject of the agreement on a future contract must be defined exactly from the Civil Code point of view, whereas the Commercial Code says that the same subject of the agreement can be defined a general way. The draft of the new Civil Code is however very similar to the current Commercial Code and therefore this novelty should provide the greater contractual freedom than before and this will be surely appreciated by the involved parties. The Czech courts look differently on the legal status of the rules of the agreement on a future contract. The newer judicature allows the use of commercial arrangements and contracts, even if the actual type of contract is regulated under the Civil Code. This was not possible before. The time, to which the contract must be fixed, can be defined both a specific date and another way e.g. such a period running from a certain time. Thus, if the contract is not fixed by the arranged time, the authorized person can claim the decision of the court by a year. The year term is a preclusion term and starts on the day following the date that is specified in the contract as the final date for the conclusion of the anticipated contract. The contract is valid even if the contract does not contain a time limit in which the anticipated contract is to be concluded. The reason is that this period is apparent from the Act, § 290, paragraph 1 of the Commercial Code. The deadline for the conclusion of the contract can be agreed between the parties on longer. § 290 of the Commercial Code is optional and it is possible to deviate from it. The most important agreement on a future contract is currently a contract of purchase and the Czech courts focus primarily on the question of certainty of the subject which is negotiated in the contracts. Courts look at these issues identically and that the subject of a future contract must be identified so as not to be confused with other subject an...
Resume. This diploma thesis deals with a labour contract as the most typical legal fact which establishes an employment. It is a basic contract type of a labour law and it is possible to define it as a consensual volition of an employer and an employee to establish an employment. The labour contract is an important interference in the position of both parties. It forms an opportunity to procure means of support for an employee and an opportunity to ensure a run of the company for an employer. Therefore, the labour contract is one of the most important terms of the labour law and its importance even increases together with gradual retreat from detailed regulation of industrial relations by mandatory legal rules. The first part of the work deals with the labour law in general so as to provide a good orientation in a problem. The subject of this branch of the law is specified here, together with its place in the legal system and some other specifics. Other parts of the work explain the relation between the labour contract and an employment, i.e. the industrial relation, which is established by the contract. Further, the chapters are focused on the modification of the labour contract which includes terms of its origin, contents, form and possible changes. The modification of the labour contract emerges in a Czech legal system in a new Labour Code (no. 262/06 Sb.) which replaced the old one from the year 1965. Although, the freedom of the contract was strengthened by the new law, as an employer and employee can agree on anything what is not forbidden by the law, there still are certain essentials which the contract has to fulfil, because of the protection of the weaker party, i.e. an employee. The labour contract is valid only if it contains following arrangements: - kind of work which is the employee going to perform - a place where the work is going to be performed - a day when the work begins All these arrangements are valid only on condition that they are arranged specifically. If there was one of these arrangements missing in the contract or if it was arranged indefinitely, the contract would not be valid. However, it is possible to arrange everything what is not forbidden by the law in labour contracts; sometimes there are even specified some other essentials which can be arranged by the contract. In contrast to the first group, i.e. the arrangements which have to be included in the contract, the invalidity of the contract is not caused by an absence of these ess...