PUBLICATIONS
We make sure that we also reflect practice in theory.
Here you will find publications and specialised texts from the area of law.
ROZEHNAL, Aleš. in WIELEC Marcin (ed). The Impact of Digital Platforms and Social Media on the Freedom of Expression and Pluralism. Analysis on Certain Central European Countries. Budapešť: Ferenc Mádl Institute of Comparative Law, 2021. ISBN 978-615-6356
The book series Studies of the Central European Professors´Network publishes the results of research by members of the Central European Professors´Network with the coordination of the Budapest-based Ferenc Mádl Institute of Comparative Law. The primary aim of the series is to present and address legal issues that are strongly related to the Central European region, taking into account the particular legal traditions, culture, and approach of the countries therein. The authenticity of the books can be seen in the fact that renowned authors from the Central European region in English. The book series aims to establish itself as a comparative legal research forum by contributing to the stronger cooperation of the countries concerned and by ensuring the “best practices” and making different legal solutions available and interpretable to all of the states in Central Europe. However, it also aims to provide insights and detailed analyses of these topics to all interested legal scholars and legal practitioners outside the region so that they might become acquainted with the legal systems of Central European countries regarding a great variety of subjects.
The Impact of Digital Platforms and Social Media on the Freedom of Expression and Pluralism
ROZEHNAL, Aleš. in RABAN, Přemysl. Commercial Law. Brno: Václav Klemm, 2020. ISBN 978-80-87713-19-8.
Legislation regarding relations arising between business entities and during business activity is at the forefront of the interest of all subjects of our economic and political events. That is why commercial law is not only a traditional subject in our universities‘ faculties of law; it is currently also becoming an increasingly sought-after content of studies in other master’s and bachelor’s fields. In the period after the replacement of the directive management of the national economy with a market economy system once again, several high-quality textbooks were published for this subject, but not all of them correspond to the current state of applicable legal regulations, which is marked not only by the recent revocation of the Commercial Code, but also by the current amendments of the Civil Code and the extensive amendment of the Business Corporations Act, which came into effect on the 1st of July 2020 and the 1st of January 2021. The worldwide viral pandemic prevented pedagogues from responding to these changes via traditional methods, and so the broad team concentrated around the Department of Commercial Law at the Faculty of Law of the University of West Bohemia quickly prepared this publication as a supplementary aid to fill in the gaps that could have been caused by distance learning at seminars and lectures. The textbook serves to obtain a basic overview of the principal institutes of commercial law, such as the status of business entities, economic competition, commercial companies, business contracts, securities, insolvency and others, and can be used for orientation in the current state of legislation, not only for students but also for other persons involved in business.
Commercial Law
Rozehnal, A. Media Law in the Czech Republic. Kluwer Law International, November 2020. ISBN: 9789403530017.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in the Czech Republic surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.
MEDIA LAW IN THE CZECH REPUBLIC
ROZEHNAL, Aleš. in Urbanová Martina, Večeřa Miloš and collective. Rhetoric for Lawyers and Others. Pilsen: Aleš Čeněk s.r.o., 2020. ISBN 978-80-7380-809-9.
A speaker is not someone who merely speaks in public, but a person who can prepare their speech themselves and also present it in an engaging and convincing manner. A speaker must know not only what they want to say, but also how to say it, as even ancient rhetorists emphasised. A speaker is therefore also somewhat of an artist. An engaging speech is evaluated by the audience as an artistic experience, and a capable speaker not only gains the respect and admiration of their audience, but also evokes a desire in the listeners to become the speaker‘s equal. An old saying goes that a person is born a poet, whereas one becomes a speaker by tenaciously overcoming various difficulties. This publication should encourage it, while at the same time also contributing by an interpretation focused on public speaking practice with instructions, examples and exercises. However, it also contains sufficient theory leading to an understanding of issues in mutual contexts, to compare, to search for analogies, to have a desire to research, interpret, gather arguments and constantly ask oneself questions. The publication is intended not only for a circle of readers from the ranks of representatives of legal professions, but also for members of many other professions in which oration fulfils the task of a work tool. For the collective of authors, it will be a pleasure if the book lends a helping hand to all those who feel the need to improve in this very beautiful and noble field.
Rhetoric for Lawyers and Others
ROZEHNAL, Aleš and collective. Substantive Civil Law Practicum. Pilsen: Aleš Čeněk Publishing House, 2020. ISBN 978-80-7380-805-1.
The civil law practicum is based on a successful method of studying law, which is the resolution of complicated and factually rich cases. By resolving these cases, students obtain analytical problem-solving skills by mastering the basic principles and doctrine of civil law. Every chapter is presented with a dense interpretation, from which questions and case solutions are derived. Every thematic area is closed with an overview of the relevant case law and legal annotation quotations. The practicum is intended for students who with its help can easily master the material taught in lectures and seminars, and pedagogues who can use it when teaching in seminars, but also laypersons who can use it to reveal the complexity of this legal branch. The civil law practicum is not a civil law textbook, or a commentary on civil law, but it should serve as a more practically-focused supplement to the textbooks used and recommended in universities.
Substantive Civil Law Practicum
ROZEHNAL, Aleš. Civil Procedure Strategy. 3rd Extended Edition. Pilsen: Aleš Čeněk Publishing House, 2020. ISBN 978-80-7380-798-6.
The publication follows on from and expands the second edition, and fills in one of the gaps in legal literature. It represents a manual and a highly qualified handbook for the work of a lawyer from all perspectives that affect a lawyer’s success in in civil judicial proceedings. It deals with the extent to which their representation of the client’s interests can be confrontational, the relationship they should have with the judge, and how they should act in the courtroom. Techniques affecting how a lawyer behaves and looks, and a lawyer’s etiquette and decorum, are also described. Among others, the text deals with a lawyer’s ability to argue, i.e. to find reasons for a certain conclusion, defend this standpoint, and refute its opposition. The publication analyses the formal aspects of a petition and the final motion, their structure and language, and also their correct presentation. The focus of the work lies in an analysis of evidentiary proceedings, in particular witness statements. The personality of a witness, and the typology of friendly, neutral, biased and hostile witnesses, are thoroughly analysed. The chapters devoted to the questioning of a witness describe how to structure the questioning so that it logically and convincingly documents the essence of the case. The pace of the questioning, i.e. when it is appropriate to speed up the description of the event, and when on the contrary to slow it down, so that the atmosphere and intensity of the feelings that accompanied the event is also evident, is also addressed. The conclusion of the publication is devoted to a lawyer’s negotiations during extrajudicial dispute resolution, and their appearance before the media within the scope of civil judicial proceedings.
Civil Procedure Strategy, 3rd Edition
ROZEHNAL Aleš. in EICHLEROVÁ, K. and collective. Recodification of Commercial Law – Five Years On. Volume I. Tribute to Stanislava Černá. Prague: Wolters Kluwer ČR, 2019, 544 p. ISBN: 978-80-7598-426-5
In 2019, prof. Stanislava Černá, JD, C.Sc., and prof. Irena Pelikánová, JD, Sc.D., a leading representative of Czech commercial law, reached the same important anniversary. A two-volume collective monograph was published in their honour, whose overarching topic is commercial law, with an emphasis on its latest development after the recodification of private law. The first volume is dedicated to professor Černá, and the second volume to professor Pelikánová, but despite this division, both volumes form an integral whole. The authors‘ contributions (94 participated) are divided thematically in order to cover all the examined aspects of commercial law. Volume I, therefore, contains the following parts: General Business Corporation Law, Joint-Stock Law, Concern Law, Commercial Law from the Perspective of Labour Law, Commercial Law from the Perspective of Procedural Law, and Commercial Law from the Perspective of Public Law. Volume II contains: Historical and Theoretical Foundations of Commercial Law, Commercial Law from a European and International Perspective, The Importance of Case Law in Commercial Law, Competition Law, Right in Rem Aspects of Commercial Law, Commercial Law from the Perspective of Criminal Law, and Obligations Involving Business Entities.
Recodification of Commercial Law – Five Years On. Volume I. Tribute to Stanislava Černá
ROZEHNAL Aleš. in KUNZ, Oto and collective. Dispute Resolution. Pilsen: University of West Bohemia in Pilsen, 2019. ISBN 978-80-261-0818-4.
The present time brings with it a considerable number of questions and contradictions, which are reflected in both judicial and arbitration proceedings. These issues and problems are reflected in practice, where parties to disputes are guided by an effort to resolve them in the shortest time possible, and at the lowest possible cost. The publication deals with this currently very important issue, from the perspective of both legal theory and legal practice.
Dispute Resolution
ROZEHNAL, Aleš. in RABAN, Přemysl and collective. Law of Obligations. Brno: Václav Klemm, 2019. ISBN 978-80-7380-785-6
Although new contractual relation legislation came into effect more than five years ago, and in many cases fundamentally changed deep-rooted procedures and rules of conduct during the establishment and modification of private law property relations, the essential works, necessary to understand the new system, are appearing in a comprehensive monographic and textbook form only very slowly. The collective of authors, who work as pedagogues in the area of civil and commercial law, set itself the goal of helping the professional community, business entities, simple participants in legal relations and students to fill these gaps. Using a systematic interpretation, the publication tries to both shed light on the theoretical problems of obligation relations, and to practically explain the manner of the origin, amendment and termination of contracts and other obligations, as well as their individual specific types, and consequences of breaches of obligations, arising from a failure to fulfil them or from other breaches of private law. The book follows on from already analysed titles from a similarly composed collective of authors (Substantive Civil Law – Relative Property Rights from 2013 and Substantive Civil Law – Law of Obligations from 2014), whereby it also includes amendments and additions arising from new legal regulations issued to July 2019.
Law of Obligations
Rozehnal, A. Intellectual Property Law in the Czech Republic. Kluwer Law International, May 2019. ISBN: 9789403511450.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in the Czech Republic. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
A. Intellectual Property Law in the Czech Republic
KINDL, Milan and Aleš ROZEHNAL. Civil Code: A Practical Commentary. Pilsen: Aleš Čeněk Publishing House, 2019. N: 978-80-7380-742-9.
The Civil Code which came into effect on the 1st of January 2014 marked a civil law revolution in the Czech Republic. This change affects all people and legal persons without distinction, even though they may not yet be aware of its significance. The practical commentary provides a useful interpretation of all provisions of the new Civil Code, old and new civil law institutes, and a reference to usable old, but especially new case law. The practical commentary helps with the resolution of the extremely complex interpretative problems that the Civil Code brings. It points out problems that are connected with its application, and proposes solutions for them. The publication serves for orientation in the complex text of the law, using what today is more than 3,000 court decisions that relate to new legislation.
Civil Code: A Practical Commentary
ROZEHNAL, Aleš. Theory of Corporate Law. Pilsen: Aleš Čeněk Publishing House, 2018. ISBN 9788073807238.
Business corporations around the world have essentially the same legal nature, and face essentially the same legal problems. Corporate law addresses similar economic problems around the world, and the differences between national legislations reflect the national aspects of the system of economic production. Corporate law addresses three basic sources of conflict, being conflicts between managers and shareholders, conflicts between majority and minority shareholders, and conflicts between shareholders and other contractors of the corporation, in particular employees and creditors. The publication deals with all important corporate law problems, and offers various alternatives of resolving them. Where there are differences between various jurisdictions, the book tries to trace the origin of these differences, and identify what is common to corporate law and what its theoretical foundations are. The book provides a comprehensive view of the role and structure of corporate law, and offers a characterization of the individual institutes of corporate law, their alternatives, and the reason for their existence.
Theory of Corporate Law
ROZEHNAL, Aleš. Civil Procedure Strategy. 2nd Extended Edition. Pilsen: Aleš Čeněk Publishing House, 2018. ISBN 978-80-7380-713-9.
The publication follows on from and expands the first edition, and fills in one of the gaps in legal literature. It represents a manual and a highly qualified handbook for the work of a lawyer from all perspectives that affect a lawyer’s success in in civil judicial proceedings. It deals with the extent to which their representation of the client’s interests can be confrontational, the relationship they should have with the judge, and how they should act in the courtroom. Techniques affecting how a lawyer behaves and looks, and a lawyer’s etiquette and decorum, are also described. Attention is devoted to a lawyer’s ability to argue, i.e. to find reasons for a certain conclusion, defend this standpoint, and refute its opposition. The publication analyses the formal aspects of a petition and the final motion, their structure and language, and also their correct presentation. The focus of the work lies in an analysis of evidentiary proceedings, in particular witness statements. The personality of a witness, and the typology of friendly, neutral, biased and hostile witnesses, are thoroughly analysed. The chapters devoted to the questioning of a witness describe how to structure the questioning so that it logically and convincingly documents the essence of the case. The pace of the questioning, i.e. when it is appropriate to speed up the description of the event, and when on the contrary to slow it down, so that the atmosphere and intensity of the feelings that accompanied the event is also evident, is also addressed. The success of the questioning depends on the words, sentences and order chosen by the lawyer. The questioning rests on the spoken word, which is different from written words. For this reason, considerable emphasis is placed on the lawyer’s verbal and nonverbal communication. Methods of preparing and effectively presenting an expert testimony within the scope of judicial proceedings are also included. The conclusion of the publication is devoted to a lawyer’s negotiations during extrajudicial dispute resolution, and their appearance before the media within the scope of civil judicial proceedings.
Civil Procedure Strategy
ROZEHNAL Aleš. in ŠIMÍČEK, Vojtěch. Media Regulation. Brno: Masaryk University, Faculty of Social Studies, International Institute of Political Science, 2018. Anthologies. ISBN 978-80-210-9080-4.
This anthology contains nine texts devoted to the issue of media regulation.The authors of the individual contributions, who are experts in constitutional law (academics, judges, lawyers), as well as active journalists, deal with a wide range of problems in their texts. For example, they ask themselves the question of how true media plurality should be guaranteed, and whether we need public law media, or now to regulate media. They come to the definite conclusion that, in addition to state regulation, it is far more important – and ultimately more effective – for this regulation to be performed by the information recipients themselves, and also that former state censorship is not replaced by self-censorship. The market environment may often be very cruel, but it can also be fair. If some news servers have no readers, they will de facto lose their influence and become uninteresting even for their sponsors. On the contrary, by supporting quality media, we can contribute to them staying in the media market and gaining in importance.
Media Regulation
ROZEHNAL Aleš. in CVRČEK, F.; JERMANOVÁ, H. (eds). Metamorphoses of Law in Central Europe V: A Beautiful New World, or an Island? Pilsen: Aleš Čeněk, 2016. 415 p. ISBN: 978-80-7380-636-1
Are we moving towards a totalitarian society where free people will be cleared away to islands, or will all attempts to create a better world be liquidated by the dictatorship of multinational corporations? These are the visions of Aldous Huxley, which he outlined in his novels. Unfortunately, today’s world faces similar gloomy ideas. The law, democracy, rule of law and free dissemination of information may be weak, but in our cultural area they are the only means at our disposal by which we can prevent these negative trends. Today’s society is a complex system where there are no simple populist solutions. In our opinion, a fundamental problem is represented by the loss of faith in a better future, adoration of the current situation, and confusion of globalisation with an opportunity to revive neocolonialist practices. The V. Metamorphoses of Law in Central Europe conference tried to describe a critical and realistic approach to the state of law in the V4 countries from various perspectives. The V4 countries, which have experience with a totalitarian organisation of society, perceive the current negative trends much more sensitively than countries with a longer democratic tradition. Will the widespread disillusionment with the current situation lead to a weakening of the afore-mentioned legal principles, or will we return to the beginning of the 20th century, with all the known consequences? Metamorphoses of Law in Central Europe V.
METAMORPHOSES OF LAW IN CENTRAL EUROPE V. A Beautiful New World, or an Island?
Rozehnal, A. Compensation of Reflective Loss Incurred by Corporate Partners. Pilsen: Aleš Čeněk Publishing House, 2016. ISBN: 978-80-7380-637-8. 156 p.
The publication deals with an institute that has so far not been described in Czech legal literature, being reflective loss. Reflective loss is damage caused by conduct that breaches a legal norm, and suffered by a person who is not a participant in the legal obligation arising from the breach of the given norm. The focus of the work lies in an analysis of reflective loss incurred by a corporate partner, which can be characterised as damage to the corporate partner’s assets, i.e. as a decrease in the value of a share which corresponds to a decrease in the value of the company. If, by breaching their obligations to the company, the saboteur causes the company (direct) damage, then this damage also affects third parties, in particular the company’s partners and creditors. Compensation of reflective loss incurred by corporate partners due to a breach of a protection investment agreement by the state in which the corporation is based can be considered a special case of an obligation to compensate reflective loss. The publication deals extensively with this issue.
Compensation of Reflective Loss Incurred by Corporate Partners
Rozehnal, A. Civil Procedure Strategy. Pilsen: Aleš Čeněk Publishing House, 2016. ISBN: 978-80-7380-635-4. 246 p.
The publication fills in one of the gaps in legal literature because it represents, as comprehensively as possible, a manual and a highly qualified handbook for the work of a lawyer from all perspectives that affect a lawyer’s success in in civil judicial proceedings. It deals with the extent to which their representation of the client’s interests can be confrontational, the relationship they should have with the judge, and how they should act in the courtroom. Techniques affecting how a lawyer behaves and looks, and a lawyer’s etiquette and decorum, are also described. Attention is devoted to a lawyer’s ability to argue, i.e. to find reasons for a certain conclusion, defend this standpoint, and refute its opposition. The publication analyses the formal aspects of a petition and the final motion, their structure and language, and also their correct presentation. The focus of the work lies in an analysis of evidentiary proceedings, in particular witness statements. The personality of a witness, and the typology of friendly, neutral, biased and hostile witnesses, are thoroughly analysed. The chapters devoted to the questioning of a witness describe how to structure the questioning so that it logically and convincingly documents the essence of the case. The pace of the questioning, i.e. when it is appropriate to speed up the description of the event, and when on the contrary to slow it down, so that the atmosphere and intensity of the feelings that accompanied the event is also evident, is also addressed. The success of the questioning depends on the words, sentences and order chosen by the lawyer. The questioning rests on the spoken word, which is different from written words. For this reason, considerable emphasis is placed on the lawyer’s verbal and nonverbal communication. Methods of preparing and effectively presenting an expert testimony within the scope of judicial proceedings are also included. The conclusion of the publication is devoted to a lawyer’s negotiations during extrajudicial dispute resolution, and the role of the media in civil judicial proceedings.
Civil Procedure Strategy
Rozehnal, A. Media Law in the Czech Republic. Kluwer Law International, August 2016. ISBN: 978-90-411-8264-7.
A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.
Media Law in the Czech Republic Second Edition
KINDL, Milan and Aleš ROZEHNAL. Civil Code: Pitfalls of Right in Rem. Pilsen: Aleš Čeněk Publishing House, 2015. ISBN 978-80-7380-517-3.
The publication is intended primarily for legal practice. It aims to draw attention to new and unusual situations (and problems) brought about by the new Civil Code and some legal regulations adopted in connection with it in the area of right in rem. The new Civil Code was always presented as a completely pioneering act, by which our legal code resolutely bade farewell to earlier law, and therefore practically the entire sum of the judicial case law created to interpret previous regulations was also to become unusable. Fortunately, as in many such cases, in many respects these were just words. New private law is largely inspired by regulations from the end of feudalism, but on the other hand it has even adopted some provisions and principles from legal regulations from the 1950s. The publication is therefore to a large extent devoted to the issue of the usability of previous case law. It turns out that not only case law from the last decades and from the 19th century, but also often from the 50s is usable, and legal practice therefore has many more guidelines than originally expected.
Civil Code: Pitfalls of Right in Rem
Rozehnal, A. Media Law. Pilsen: Aleš Čeněk Publishing House, 2015. ISBN: 978-80-7380-549-4. 464 p.
The publication provides a comprehensive overview of legislation governing individual aspects of the media in the Czech Republic, from both public law and a private law legislation areas. The legislation is then placed in a broader social context, and the media is examined from the perspective of media science, political science and sociology. Attention is also devoted to the theoretical issues of the definition of the media and its functions, and the systemic classification of media law institutes. For the first time in Czech professional literature, the phenomenon of internet media, in particular news servers and internet broadcasting, or more precisely nonlinear broadcasting of audiovisual content via the internet, is comprehensively analysed. In addition to an analysis of legal regulation and its influencing by European legislation, the text also incorporates current domestic and foreign case law. The book defines the basic institutes of media law, whereby it examines their influence on other aspects of social life. The book deals with the history of media law and the media in general in the Czech lands. A key part of the publication is the issue of institutional and contentual regulation of the media, with an emphasis on ensuring freedom of speech in the media. Attention is devoted to all aspects of the media market, and the publication analyses printed media, radio and television broadcasting, internet media, commercial communication and advertising in particular. Other topics include protection of privacy and other personality rights, all from the perspective of legislation, doctrine and case law. The core of the publication consists of an analysis of legal norms relating to electronic media (broadcasting and digital), whereby it defines their specifics and determines the differences between public law and private electronic media.
Media Law
ROZEHNAL, Aleš and collective. Commercial Law. Pilsen: Aleš Čeněk Publishing House, 2014, 720 p. ISBN 978-80-7380-254-1.
Commercial law is one of the most dynamically developing legal branches, but in recent decades it has developed discontinuously. New private law legislation has created the need to determine the scope and anchoring of modern commercial law in relation to other legal fields. The book presents the institutes of this law clearly and logically, so that they are easily understandable. Attention is not devoted only to a description of new legislation after Act no. 89/2012 Coll., the Civil Code, and Act no. 90/2012 Coll., on Business Corporations, came into effect; commercial law is placed in the context of the entire legal code. The publication deals with general commercial law and corporate law, as well as the capital market, banking law, concern law, bankruptcy law, economic competition and protection thereof, public contracts, industrial property and securities. The publication has the ambition to be an extensive compendium of the new defined commercial law, which after 01/01/2014 is searching for its boundaries and form. The text also provides an introduction to the new classification of commercial law, which is partially a component of robust private law, but contains an exceptionally wide range of public law norms. The publication Commercial Law is suitable for everyone who wants to deepen their knowledge of the new system of this legal branch.
Commercial Law
ROZEHNAL, Aleš. in RABAN, Přemysl. Substantive Civil Law: Relative Property Rights. Brno: Václav Klemm, 2014. ISBN 978-80-8771-311-2.
On the 1st of January 2014, the long-awaited fundamental recodification of private law, affecting practically all areas of our citizens‘ everyday lives, came into effect in our republic. The changes it brought about often fundamentally modify the existing rules of conduct for persons in private relationships, which were established and passed down in the consciousness of the lay public and the business community for several generations. It has now been more than half a year since the new Civil Code, and a number of other regulations relating to it, came into effect. Despite the great urgency to familiarise the professional community with what in many cases is not only a new, but often also a completely unconventional resolution of civil relation legislation, the essential works, necessary to introduce the new system and understand its changes, are appearing only very slowly and in some areas have not yet been published at all. Of the more than 3,000 paragraphs of the new Civil Code, almost half deal with the law of obligations, i.e. the law of mutual relations between people. This monograph deals with a relatively coherent matter, being mainly contractual relations and the resolution of breaches of private law. The collective of authors presents its own interpretation variant, which does not have ambitions to be the only possible interpretation, and in some cases may not even be a generally accepted solution. The purpose of this publication is not to criticise the interpreted material, but to contribute to its understanding. Despite certain reservations expressed by the professional community in relation to some solutions in the new code, the authors interpret the material in a positive manner, so that the book can serve its purpose.
Substantive Civil Law: Relative Property Rights
KINDL, Milan and ROZEHNAL, Aleš. New Civil Code – Problems and Pitfalls. Pilsen: Aleš Čeněk Publishing House, 2014, 320 p. ISBN 978-80-7380-516-6.
The new Civil Code has truly affected almost all areas of human life. However, it often did so completely unexpectedly, so certain questions that the new code poses are very hard to answer. Can passers-by (or others) really happily pull out your hair or beard by the handful, as according to the provision of § 97 paragraph 2 of the new Civil Code, it is assumed that consent to the separation of a body part that will regrow was granted? Why is an evident breach of good morals in relation to a person close to the recipient also considered to be ingratitude towards the donor, as stipulated by § 2072 paragraph 2? Is silence really golden, even according to the law? According to 2426 paragraph 2, damage caused by a defect in packaging will be compensated by the storekeeper if they point it out. You pointed it out, so pay. However, if you did not draw attention to the defect, then silence is golden, and therefore you do not have to pay anything (unless we consider that the authors may have made a mistake).
New Civil Code – Problems and Pitfalls
Rozehnal, Aleš. Law of Obligations. General Part. Tort Law. Pilsen: Aleš Čeněk Publishing House, 2014, 216 p. ISBN 978-80-7380-496-1.
Law of obligations is one of the most dynamically developing legal branches, but in recent decades it has developed discontinuously. The book presents the institutes of this law clearly and logically, so that they are easily understandable. Attention is not devoted only to a description of new legislation after Act no. 89/2012 Coll., the Civil Code, came into effect; law of obligations is placed in the context of the entire legal code. The publication deals with general law of obligations, obligations arising from legal actions, and obligations arising from torts. The text also provides an introduction to the new classification of law of obligations, which has abandoned the theory of liability as a sanction for breaching a norm. The publication Law of Obligations is suitable for everyone who wants to increase their knowledge of private law.
Law of Obligations
Rozehnal, A. in Raban P. and collective. Substantive Civil Law. Relative Property Rights. Brno: Václav Klemm, 2013. ISBN 978-80-87713-10-5.
On the 1st of January 2014, the long-awaited fundamental recodification of private law in our republic, which will affect practically all areas of our citizens‘ everyday lives, will come into effect. Despite the current urgency to familiarise the professional community with what in many cases is not only a new, but often also a completely unconventional resolution of legislation, primarily in relation to property relations, essential works, whether of a commentary or a textbook type, which would serve as an aid for introducing the new system and understanding its changes, have not yet been published. The monograph deals with a relatively coherent matter, being mainly contractual relations and the resolution of breaches of private law. The collective of authors presents its own interpretation variant, which does not have ambitions to be the only possible interpretation, and in many cases will probably not even be a generally accepted solution. The purpose of the publication is therefore not to criticise the interpreted material, but to contribute to its understanding. Despite certain reservations expressed by part of the professional community in relation to some solutions in the new code, the authors interpret the material in a positive manner, so that the book can serve its purpose.
Substantive Civil Law
Rozehnal, A. in Bělohlávek J. A. And collective. Commentary on the Business Corporations Act. Pilsen: Aleš Čeněk Publishing House, 2013. ISBN 978-80-7380-451-0.
The Business Corporations Act represents one of the pillars of the reform of civil law in the Czech Republic, whose date of effectiveness is set as the 1st of January 2014. This reform will affect all commercial companies, or more precisely all legal persons, who will be forced to not only adapt to this regulation’s internal regimen (in connection with the Civil Code and other regulations), but also to modify their statutes (memoranda of association, statutes, conditions for the functioning of bodies etc.). This is a change which, in a corporate dimension, will affect approximately two million entities operating in the Czech Republic just in the first phase of its implementation. At the same time, we can count on unprecedented interest in new and especially qualified information, whereby it can be emphasised that domestic practice, in particular, is on the whole unprepared for the change in question.
Commentary on the Business Corporations Act
Rozehnal, A. Principle of Open Justice. In Jermanová H.; CVRČEK f. (eds). Quo Vadis, Central Europe? Metamorphoses of Law III. Prague: Institute of State and Law of the Czech Academy of Sciences, 2012, 315-319. ISBN 978-80-87439-06-7.
Is Central Europe, i.e. the countries in the Visegrád Group (V4) really moving towards solid integration with the EU? What unites and divides the V4 countries in relation to the EU and among themselves? What negative trends are manifesting themselves in the V4 countries, and how to confront them? These are the questions that the international lawyers‘ conference organised as part of the Metamorphoses of Law III project searched for answers to. It needs to be stated that the picture of the current situation, as described in individual contributions, is worrying. Most authors critically point out a number of negative trends, which if anything have been becoming more pronounced in recent years. Paradoxically, what apparently unites the V4 countries the most are these very negative trends, although they manifest themselves differently in individual countries. However, as is well known, naming of the problems and their serious critical analysis is the first step towards their resolution.
Quo Vadis, Central Europe? Metamorphoses of Law III.
Rozehnal, A. Media Law in the Czech Republic. Kluwer Law International, 2013. ISBN: 9789041147301.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in the Czech Republic surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.
Media Law in the Czech Republic
Rozehnal, A. Media Law. Pilsen: Aleš Čeněk Publishing House, 2012. ISBN: 978-80-7380-382-7.
The publication provides a comprehensive overview of legislation governing individual aspects of the media in the Czech Republic, from both public law and a private law legislation areas. In addition to an analysis of legal regulation and its influencing by European legislation, the text also incorporates current case law. The book defines the basic institutes of media law, but attention is also devoted to the theoretical issues of the definition of the media and its functions, and the systemic classification of media law institutes. The book deals with the history of media law and the media in general in the Czech lands, and the institutional and contentual regulation of printed media. The focus of the publication consists of an analysis of legal norms relating to electronic media, whereby it defines their specifics and determines the differences between public law and private electronic media. From an institutional perspective, the two most important public law electronic broadcasting institutions are analysed, being Czech Television and Czech Radio; their fulfilment of the role of a public service in the area of broadcasting is also addressed. For the very first time in Czech professional literature, the new phenomenon of internet broadcasting, or more precisely nonlinear broadcasting of audiovisual content via the internet, and its differentiation from classic forms of broadcasting, is analysed.
Media Law
ROZEHNAL, A. Operation of Radio and Television Broadcasting Act. Commentary. 2nd Updated Edition. On-demand Audiovisual Media Services Act. Commentary. 1st Edition. Prague: Wolters Kluwer ČR, a.s., 2011, ISBN 978-80-7357-628-8
The commentary relates to two media laws, being the Act on the Operation of Radio and Television Broadcasting (the second, updated edition), and the Act on On-demand Audiovisual Media Services. The commentary is written by one of the leading legal experts on this issue. The commentary represents an organic union of the author’s rich theoretical knowledge from pedagogic and scientific work in the Faculty of Law of the University of West Bohemia in Pilsen, and current findings from decision-making legal practice. With its breadth and depth of perspective on the individual provisions of the acts that are commented on, the assessed work ranks among unmissable titles in the media field. The focus of the interpretation is mainly in the commentary on Act no. 231/2001 Coll., on the Operation of Radio and Television Broadcasting and on Amendment of Other Acts, which is processed thoroughly in all respects.
Operation of Radio and Television Broadcasting Act
Rozehnal, A. Media Laws – A Commentary. Prague: ASPI, 2008. ISBN: 978-80-7357-304-1.
The commentary relates to the most important media laws (Act on the Operation of Radio and Television Broadcasting, Press Act, Act on Non-periodical Publications, Act on Advertising Regulation) and is written by one of the leading legal experts on this issue. The commentary represents an organic union of the author’s rich theoretical knowledge from pedagogic and scientific work in the Faculty of Law of the University of West Bohemia in Pilsen (cf. the elective subject “Media Law“, of which the author is a guarantor), and current findings from decision-making legal practice. With its breadth and depth of perspective on the individual provisions of the acts that are commented on, the assessed work ranks among unmissable titles in the media field.
Media Laws
Rozehnal, A. Protection of Personality in the Media. In Bystřický, J. and collective. Media, Communication and Culture. Pilsen: Aleš Čeněk Publishing House, 2008, 71-92. ISBN 978-80-7380-117-5.
The publication represents an analysis of the current issue of media communication, the mechanisms of functioning of contemporary society, and the basic definition of modern and postmodern culture. It is a book that interconnects philosophical topics, such as theory of legality, relationship between subject and object or image and text with sociological interpretations of globalisation, social communication, a modern image of the world and society as a system. The interdisciplinary approach also includes a political science perspective, particularly in the thematisation of the depiction of politics and the intertwining of media and political discourse. The final part describes the legal aspects of media production and the functioning of media institutions.
Media, Communication and Culture
Rozehnal, A. Protection of Personality in the Media: Correction, Right to a Reply and Additional Communication. In Jermanová H.; Masopust Z. (eds). Pilsen: Aleš Čeněk Publishing House, 2008, 431-437. ISBN 978-80-7380-149-6.
Since 1990, fundamental social changes have taken place in Central European countries, which were also necessarily reflected in the law. The transformations that the law underwent in these countries have no historical equivalent. However, they are also accompanied by several problems. Lawyers from the Czech Republic, Slovakia, Poland and Hungary at the “Metamorphoses of Law in Central Europe“ conference and at the “Metamorphoses of Public Administration“ colloquium searched for these problems, and especially for their possible and desirable solutions. At the same time, both the organisers and the participants perceive both of these events, whose materials we are presenting, as only the first results of research which will continue in the coming years – with the collaboration of specialised departments in Central European countries.
Metamorphoses of Law in Central Europe
Rozehnal, A. Media Law. 2nd Extended Edition. Pilsen: Aleš Čeněk Publishing House,. 2007. ISBN: 978-80-7380-033-8.
The publication focuses on the interpretation of basic legal regulations governing the field of media law, in particular on the relationship between public law and private law media market regulation, and freedom of speech. It offers a basic overview of various media law areas (periodicals, electronic media, advertising regulation, intersection of personality rights, copyright and media law), as well as an understanding of the function of the legal regulations principles that are relevant for this interdisciplinary field. It deals with the legal regulations that affect the content of individual media, discusses European Union regulations governing this area, and states examples of legislation in individual European Union countries. The second edition of this publication reflects the amendment of the Act on the Operation of Radio and Television Broadcasting, which is brought about by new EC legislation consisting of the separation of broadcasting services from content provision services, and the digitisation of radio and television broadcasting.
Media Law 2004 2nd Extended Edition
Rozehnal, A. Media Law. Pilsen: Aleš Čeněk Publishing House, 2004. ISBN: 80-86473-79-1.
Media Law 2004
Rozehnal, A. Corruption Legislation. In FRIČ, p. and collective. Corruption the Czech Way. Prague: G plus G, 1999. ISBN 80-86103-26-9
A collective work by experts on one of the most burning present-day topics – corruption. Where it comes from, what its consequences are and what to do about it. Illustrated with real stories from everyday life. The first ever work devoted to the problem of corruption in our country.
Corruption the Czech Way
Rozehnal, A. Loans Secured by Lien. Prague: G plus G, 1997. ISBN: 80-86103-04-8.
The lien has been rediscovered in recent years, and has found major practical application due to its economic significance. However, this practical application is not adequately reflected in the applicable legislation or in legal theory. This publication discusses the history of the lien, and its focus consists of an analysis of applicable lien legislation, particularly with regard to the possibility of realising a lien. Special attention is devoted to the possibilities of establishing a lien on individual subjects of civil law relations, and the extrajudicial realisation of a lien. This work is a contribution to the resolution of the practical and theoretical problems of a lien, and points out cases of a lack of connection between individual legal norms governing the lien and its realisation.
Loans Secured by Lien
List of publications
- The Impact of Digital Platforms and Social Media on the Freedom of Expression and Pluralism
- Commercial Law
- MEDIA LAW IN THE CZECH REPUBLIC
- Rhetoric for Lawyers and Others
- Substantive Civil Law Practicum
- Civil Procedure Strategy, 3rd Edition
- Recodification of Commercial Law – Five Years On. Volume I. Tribute to Stanislava Černá
- Dispute Resolution
- Law of Obligations
- A. Intellectual Property Law in the Czech Republic
- Civil Code: A Practical Commentary
- Theory of Corporate Law
- Civil Procedure Strategy
- Media Regulation
- METAMORPHOSES OF LAW IN CENTRAL EUROPE V. A Beautiful New World, or an Island?
- Compensation of Reflective Loss Incurred by Corporate Partners
- Civil Procedure Strategy
- Media Law in the Czech Republic Second Edition
- Civil Code: Pitfalls of Right in Rem
- Media Law
- Commercial Law
- Substantive Civil Law: Relative Property Rights
- New Civil Code – Problems and Pitfalls
- Law of Obligations
- Substantive Civil Law
- Commentary on the Business Corporations Act
- Quo Vadis, Central Europe? Metamorphoses of Law III.
- Media Law in the Czech Republic
- Media Law
- Operation of Radio and Television Broadcasting Act
- Media Laws
- Media, Communication and Culture
- Metamorphoses of Law in Central Europe
- Media Law 2004 2nd Extended Edition
- Media Law 2004
- Corruption the Czech Way
- Loans Secured by Lien