Horizons of Law in Business and Finance : Conference Proceedings15th International Scientific Conference, Law in Business of Selected Member States of the European Union October 25-27, 2023, Prague, Czech Republic / Nicole Grmelová and Petr Tomciak.

Format:

Book

Author/Creator:

Grmelová, Nicole, author.

Tomciak, Petr, author.

Language:

English

Subjects (All):

Banking law.

Commercial law.

Physical Description:

1 online resource (0 pages)

Edition:

First edition.

Place of Publication:

Prague, Czech Republic : Prague University of Economics and Business, [2022]

Summary:

These conference proceedings constitute a selection of the best papers submitted to the 15th International Scientific Conference "Law in Business of Selected Member States of the European Union" which was organized by the Department of Business and European Law, Faculty of International Relations, Prague University of Economics and Business, Czech Republic. The conference was held in the University ́s premises from 25 to 27 October 2023 and welcomed speakers and participants from abroad (Belgium Latvia, Netherlands, Poland, Romania, Slovakia, Spain, Turkiye, United States) and the Czech Republic. The conference was held hybrid format. Although the on-site participation was encouraged, the conference was streamed online for those who could not join the conference venue in per-son and to reach a wider audience. The selection of the papers for the conference volume was very rigorous. The papers were submitted and presented in English. All the papers included in this volume passed a rigorous double-blind peer review successfully and were checked for their originality using the iThenticate software kindly provided by the University. For more information on the call for papers for the upcoming conference please check the conference webpage at https://lawinbusiness.vse.cz/.

Contents:

Intro

SECTION I

BUSINESS AND CORPORATE LAW

The role and importance of effective compliance management

systems in criminal law practice

Introduction

1. Formal review of complaints of the accused

legal entities

2. Assessment of formal aspects of CMS

3. Assessment of material aspects of cms

4. Final evaluation of the concerned cms

5. Critical evaluation of the review and decision

of the public prosecutor

Conclusion

References

Belatedly, but still - will the 2022 amendment to the Czech Copyright Act improve copyright protection against illegal online sharing of content to the public from repositories?

INTRODUCTION

1. SOURCES AND PROCEDURE FOR ADOPTING THE

AMENDMENT TO THE COPYRIGHT ACT

2. REGULATION OF ONLINE CONTENT SHARING SERVICES IN THE AMENDMENT TO THE COPYRIGHT ACT

3. INTERPRETATION OF THE LEGAL REGULATION OF ONLINE CONTENT SHARING SERVICES IN THE AMENDMENT

TO THE COPYRIGHT ACT

4. ENFORCEMENT OF COPYRIGHT PROTECTION AGAINST

ILLEGAL ONLINE COMMUNICATION OF PROTECTED

CONTENT TO THE PUBLIC BEFORE THE ADOPTION

OF THE COPYRIGHT AMENDMENT ACT 2022

6. PROPOSAL FOR THE ESTABLISHMENT OF A "BLOCKING AUTHORITY" FOR THE PROTECTION OF COPYRIGHTS

CONCLUSION

REFERENCES

Shares and non-monetary payment of interest of profit and of other resources of a joint stock company to shareholders

1. Introduction to shares and non-monetary shares in profit and other own resources

2. Shares with non-monetary interest in profit and other own resources

3. Payment of a non-monetary interest in profits

and in other own resources

4. Conclusion

Debt discharge for insolvent Czech entrepreneurs under

the EU Directive 2019/1023

1. Discharge of debts according to czech

insolvency act

2. Direct Effect Of The Directive?.

3. Damage suffered

4. Proposal for an amendment to the Insolvency AcT

Limitations for the application of the hardship clause in

the Czech Republic

1. THE CHANGE OF CIRCUMSTANCES

2. The gross disproportion

The legal issues of influencer marketing

1. Influencer marketing

2. LEGAL FRAMEWORK IN THE CONDITIONS OF

THE SLOVAK REPUBLIC

3. CONSUMER - INFLUENCER RELATIONSHIP

4. The consumer as a potential perpetrator of

unfair competition

SECTION II

EUROPEAN AND INTERNATIONAL ASPECTS OF DOING BUSINESS

Alternative dispute resolution and artificial intelligence in the

context of the new "EU AI act"

1. BRIEF OVERVIEW OF THE ROLE OF AI IN ADR

1.1. Possibilities of using AI in ADR

1.2. Should we be excited or worried?

2. AI IN ADR IN THE CONTEXT OF THE NEW DRAFT

EU AI ACT

2.1. AI systems in ADR as high-risk systems

2.2. Is the proposed act sufficient?

The scope of the United Nations convention on contracts for

the international sale of goods in the face

of technological inventions

1. Article 2(e) and legislative history of the

exclusions from the Convention

2. Requirements on ships, vessels, hovercraft

or aircraft

2.1. Registration criterion

2.2. Purpose criterion

2.2.1. Purpose for transport

3. Parts and construction of ships, vessels,

hovercraft or aircraft

4. Adapting art. 2(e) CISG to modern technologies

The conceptual understanding of taxonomic criteria and objectives for environmentally sustainable economic activities

1. DATA AND METHODOLOGY

2. THE LITERAL DEFINITION OF "ENVIRONMENTALLY

SUSTAINABLE ECONOMIC ACTIVITIES" BASED.

ON CRITERIA AND OBJECTIVES

3. THE LITERATE, MISCHIEF, PURPOSIVE AND TELEOLOGICAL DEFINITION OF "ENVIRONMENTALLY SUSTAINABLE

ECONOMIC ACTIVITIES"

4. Critical and comparative juxtaposition

EU strategic autonomy and state aid control. Case-study on the

important projects of common European interest

1. EU strategic autonomy (EU-SA)

2. IPCEI case study

1.

2.1. Microelectronics

2.2. IPCEIs in the fields of batteries and hydrogen

Corporate transparency in the EU after the Wm and Sovim SA v.

Luxembourg business registers judgment

1. WM and Sovim SA v. Luxembourg Business Registers

1.1. Opinion of the Advocate General Pitruzzella

1.2. Judgement of the Court

2. THE CONSEQUENCES OF THE JUDGMENT OR THE BEGINNING OF THE END FOR CORPORATE TRANSPARENCY?

2.1. Legitimate interest

2.2. Method of access to data on beneficial owners

2.3. New measures in the area of AML

SECTION III. BANKING, FINANCE AND INSURANCE LAW

Asymmetrical business-to-consumer terms in insurance contracts and enforceability deprivation for non-disclosure

1. FACETS OF THE DUTY OF TRANSPARENCY ENTANGLED

BY INSERTING ASYMMETRICAL TERMS

1.1. Insurer's pre-contractual obligation to provide transparent access to the derogatory content

1.2. Reasonable levels of professional diligence in disclosing the potential effects of asymmetrical terms

2. PERFORMING THE INSURER'S OBLIGATION

OF TRANSPARENCY

2.1. Assessing the unbalanced nature of clauses that restrict or suppress the consumer's prerogatives

2.2. Professionals' duty of transparency, as reflected in recent jurisprudence

3. 'RE-DESIGNING' THE CONTOURS OF THE PROFESSIONALS' PREROGATIVE OF RESORTING TO 'CONTRACTUALIZED'

SUPPLETORY NORMS.

CONCLUSION

Retail investment strategy proposal - overcoming cross-border

business challenges through legislative process

1. Mifidization

2. MIFID II FRamework

3. IDD FRamework

4. CONCLUSION

Selected aspects of the transposition of the new EU regulatory

framework for credit purchasers into the Czech law

1. CURRENT EU REGULATION OF NON-PERFORMING LOANS

1.1. Differentiation of regulation of NPLs

1.2. What is actually NPL and the regulatory concept for the NPL market

2. new EU regulatory framework for

credit purchasers

2.1. Scope of the Non-performing Loans Directive

2.2. Rights and obligations for credit purchasers under the NPLD

2.2.1 Rights and obligations between credit purchasers and credit institutions

2.2.2. Rights and obligations between credit purchasers and supervisory authorities

2.2.3 Rights and obligations between credit purchasers and borrowers

2.2.4 Rights and obligations between credit purchasers and credit servicers

3. SELECTED ASPECTS OF THE czech PROPOSED NPLD

TRANSPOSITION

3.1. Proposed transposition of the NPLD

3.2. Issues of transfer and passage in relation to the NPL

De Lege Ferenda Considerations on Potential Institutes Increasing

Participation in Supplementary Pension Savings

1. INTRODUCTION

1. Current status of participation

in the third pillar

2. De lege ferenda considerations on the material scope of supplementary pension savings

Modernising payment services and enhancing open banking: a

comparison of recent EU proposals of payment services directive 3 (PSD3) and payment services regulation (PSR) with current PSD2

1. Proposal of PAYMENT SERVICES DIRECTIVE.

1.1. Merge of Electronic Money Institutions (EMIs) with Payment Institutions and re-authorisation of current market PSPs and EMIs

1.2. Direct access to payment systems for PSPs

1.3. Changes in safeguarding of client funds

2. Proposal of Payment Services Regulation

2.1. Enhancement of Strong Customer Authentication (SCA)

2.2. Increased protection of customers

2.3. Measures for increasing the competition in the market and supporting Open Finance

3. Challenges of the proposed psd3 and psr

framework and THE next steps

REFERENCES.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references.

ISBN:

9786069586228

6069586220

OCLC:

1424746206