The National Report on Multicultural Challenges in Family Law aims to provide an analysis of how multicultural phenomenon understood as a plurality of "ways of life" in society, based e.g. on cultural tradition, ethnic background, custom, religious conviction or sexual orientation, interact with family law. It served as a starting point for a comparative analysis of multicultural challenges in family law in the Civil Law Section of the 20th Congress of International Academy of Comparative Law (AIDC/IACL)., Helena Hofmannová, Karel Řepa., and Obsahuje bibliografické odkazy
This paper deals with subsidiary prosecution, which is an institute that is not known to the current Czech criminal trial, but its legislative embedment is considered in the future. Attention is paid in this context, among other things, to criminal-law relations, which are applied through criminal-trial relations, and to the right to efficient investigation which the aggrieved party (victim of the crime) has in relation to the state. The author admits, under certain conditions, the existence of subsidiary prosecution because it is a suitable form of how to check the principle of legality, as well as a suitable instrument against misuse of discretionary powers of the public prosecutor (in the systems built upon the principle of opportunity)., Jiří Mulák., and Obsahuje bibliografické odkazy
The National Report provides a general overview of the concept of Corporate Social Responsibility in the CZech Republic and its reflection in rules pertaining to company law, contract law, tort law and private international law. The core issues cover the applicability of CSR's rules as part of a governing law and analysis of rules determining jurisdiction of a relevant forum for deciding disputes relating to CSR's values., Monika Feigerlová, Monika Pauknerová., and Obsahuje bibliografické odkazy
Addressing collisions between environmental protection and competing economic and social interests often constitutes the very core of environmental cases. At the constitutional level, a balancing approach based on the doctrine of proportionality is frequently employed to resolve contradictions between conflicting values. In this article, I demonstrate how the proportionality doctrine in its traditional meaning can be applied to balancing interests in environmental cases. Then I bring to the forefront two innovative ways of engaging proportionality in the environmental protection; one employing proportionality as an interpretative instrument with the power to help determining the scope and content of the right to environment; and the other adjusting proportionality to the form of eco-proportionality, offering a restructured framework to rule the human-nature relationship., Hana Müllerová., and Obsahuje bibliografické odkazy
The text is focused primarily on the concept of informed consumers in the Czech law. We do not aim to cover exhaustively the whole field. The main target of the article is to introduce specific questions which are connected to such a topic. In the beginning we primarily introduce general characteristics of the informed consumer, then we analyse pre-contractual information obligation and the demands focused on the transparency. As the position of the consumer is weaker than the position of the entrepreneur, misleading commercial practices and unfair contract terms are examined as well. The text is then focused on sector specific rules, such as in the area of financial services and on the aspects of the digital consumer. Throughout the text, some problematic aspects of Czech regulation or inappropriate implementation of European legislation are mentioned as well. The aim of the article is to introduce national specifics within abovementioned areas and to analyse relevant questions of consumer protection connected with information duty of the entrepreneurs., Markéta Selucká, Iva Šťavíková Řezníčková, Pavel Loutocký., and Obsahuje bibliografické odkazy
This article was created to the occasion of Czech presidential election in 2018. In light of the 100th anniversary of Austria and Czechoslovakia the article offers a comparison of Austrian and Czech presidential powers. With regard to common history of both countries it reflects the development from monarchy to a republican system in Austria. The role of president as a representative of statehood is treated with regard to major state functions: legislation, judiciary and administration., Herbert Schambeck., and Obsahuje bibliografické odkazy