Publishing

POLÁČEK, B., ATTL, J. Posudek znalce a podnik.

(APPRAISAL REPORT AND THE ENTERPRISE)

1. vydání Praha: C. H. Beck, 2006. ISBN 80-7179-503-8.

 Enterprise appraising belongs among the areas, whose mastering requires gaining both economic and legal knowledge. This publication actually integrates both points of view on this issue. The book includes complex mapping of activities of the appraiser in the area of economy, prices and appraisals and the special one – Enterprise appraising. The text of the book is split into seven chapters – History of the expert witness profession, Reasons for appraisals following from the Commercial Code, Societas Europaea, Societas Cooperativa Europaea, Evaluation of the valid Czech legislation concerning expert opinions, Foreign modifications of the profession and the Modification of expert opinions in the area of appraisals de lege ferenda. Two annexes are enclosed at the end of the publication – The bill for expert witnesses de lege ferenda and the example for appraising receivables. The publication is intended particularly for expert witnesses specialised in the enterprise appraising, for experts working with the particular licence, bank employees, but also for judges, lawyers, attorneys-at-law and distrainers.

http://books.google.cz/books?id=DfPvSmUU3xgC&printsec=frontcover&dq=bohumil+pol%C3%A1%C4%8Dek&source=bl&ots=1F6NZYOYtW&sig=giKlHai0yeWsxeHgum3Wfv11MDY&hl=cs&ei=LVojTYagE9CA4QbCx6j2Ag&sa=X&oi=book_result&ct=result&resnum=7&sqi=2&ved=0CD0Q6AEwBg#v=onepage&q&f=false 

 POLÁČEK, B. Právnické tituly v průřezu dějin.

(LAW DEGREES ACROSS THE HISTORY)

1. vydání Praha: vlast. nákl., 2010. ISBN 978-80-254-7281-1.

 If we leave aside titles of legal ground (titulus iuris), a title is given to a person, added to a name or used in lieu of a name in verbal or written communication. More specifically, a title is a label which was gained by being elected to public office, awarded by the state or another public entity under the authority of the state. Today’s titles have arisen from two sources, from honorary titles of the Middle Ages and from titles given to civil servants as well as to other public officials. During the Middle Ages, the right to a title was part of the right to honor, i.e. the right to distinguish oneself from others, which was even older than the right to a name. This was related to the hierarchical structure of the Medieval Society based on status. There were two unique kinds of titles during the Middle Ages, titles of nobility and academic titles of which the latter have survived to this day in the territory of the Czech Republic. Academic titles, being among the last to remain from the Medieval honarary titles, are awarded based on merit, in this case academic merit. They are awarded by the state, which delegates this right (ius promovendi) to universities. The universities then grant academic titles to their graduates, providing they have completed all requirements mandated by law and thus have proved their qualifications. Most likely in the 12th or 13th centuries, the word doctor gained a different meaning than the meaning used by the Romans (teacher). It became an honorary title given to exceptional scholars, especially to those who taught Roman law at Italian universities. Those who wished to become doctors, first needed to become bachelors and licentiates. The title master (magister) was also used, especially at the University of Prague, from where in the 15th century the differentiation between the titles of doctor and master spread to all other European universities. Academic titles however do not include the titles of principal [president of a university], dean and others. These titles are better described as academic ranks. Furthermore the titles of professor and lecturer are pedagogic titles which allow an individual to teach at institutions of higher learning. The complex development of the clerical administration as well as of the justice system in the Middle Ages relied on the skills of qualified lawyers. The legal profession has been highly esteemed in Bohemia throughout history, however attaining legal education and especially gaining the academic titles of bachelor, licentiate or doctor of law was only possible at distant universities. Foreign universities had a great influence on the spread of education in Bohemia. The establishment of the University of Prague was heavily influnced by the University of Paris as well as by the University of Bologna. This is believed to be the case because the system of statutes of the University of Prague is derived from the first and third books of statutes of the University of Bologna from 1317 along with amendments from the year 1347. Among the Czechs, who are known to have studied law in Paris are the following: Daniel, who lived in Paris around the year 1140, was the bishop of Prague from the year 1148, he was later named by emperor Frederick to be the judge of the imperial court in Italy (imperialis curiae judex in tota Italia), Herman of Michalovice, who lived in Paris in the first half of the 13th century and later became a provost in Boleslav (juris eccl. peritia et laurea in Parisiensi universitate celebratus), Oldrich of Pabenice, who studied in Paris at the end of the 13th century (from the year 1302 used the title decretorum doctor), was a canon in Prague, Olomouc and Vysehrad, an official of the episcopate, the bishop’s notary and the abbot of the monastery in Sedlec, and Oldrich of Hasenburk (1280 juris licenciatus Parisiensis) who was an archdeacon in Znojmo and a provost in Prague. The paths of scholars from the Crown Lands of Bohemia in the search of knowledge are fairly well known and it was also possible to find at which universities they chose to pursue their studies. The news of the prestige of foreign universities such as that of the University of Bologna spread to Bohemia quickly. Among those who became interested in foreign universities and teachings is Vincentius, the chaplain of the bishop of Prague, Daniel. In 1158, Vincentius leaves the troops of the Czech king Vladislav, who was involved in a military campaign of the emperor Frederick Barbarossa to Italy, in order to buy the Edict of Gratian and other books in Bologna. Vicenza attracted the first Czech student in the year 1209. From the middle of the 13th century, the demand to study law increased especially at Italian universities in Bologna, Padua, and Perugia but also in France in Paris, Montpellier and Orleáns. The major turning point in the demand for the study of law was the establishment of the University of Prague in the years 1347-1348. Thanks to an act of grace by the Pope Clement VI., this new institution was given the right to establish faculties that were common at other European universties including liberal arts, medicine, law and theology. The establishment of the University of Prague led to a significant change. Although many Czech scholars still chose to pursue their education at the traditional faculties of law, mainly in Italy, the opportunity to study law in Prague had two effects. One was that the number of prospective Czech students increased and two, Prague began to attract students from other countries, especially those from neighboring states and countries of Northern Europe, who did not have to embark on long and costly journeys to more distant universities. If we leave aside the years when the faculty of law was independent and the years when law was not taught there (1419-1624), the Faculty of Law at the Charles University (the University of Prague) became for many years the only place in the Kingdom of Bohemia to attain a complete legal education. It was not until many years later, after the establishment of the University of Olomouc (in 1573), which was originally created in 1566 as a school for the Jesuit order, that law began to be taught there as well in the year 1667.