|
|
Rental housing as a way of fulfilling the right to housing and the current difficulties of its availability
Roznětinská, Barbora ; Zvára, Michael (advisor) ; Salač, Josef (referee)
RENTAL HOUSING AS A WAY OF FULFILLING THE RIGHT TO HOUSING AND THE CURRENT DIFFICULTIES OF ITS AVAILABILITY Abstract This thesis deals with a few current issues of fulfilling the right to housing by rental housing. Firstly, it aims to find out how sufficient is the valid law. Secondly, it tries and answer the question of whether there is a change in housing - from owning a house or a flat to renting one instead. In the first chapter, housing as one of the fundamental human needs is outlined and is pointed out to the importance of this subject not only in law but also in human life in general. In the second chapter, I describe the basics of the law most relevant to the explored object, including filling the topic into public (international and constitutional) law context. Followed by the explanation of the key parts of the Czech Civil Code. What is more, the state housing policy as a tool for housing development and the availability of flats is not left behind. I consider that policy as one of the results of the fundamental human right to housing. Although one is not entitled to housing, there are state duties resulting from that fundamental right. Thus, the state is required to establish (legal) conditions for people to be able to aim at fulfilling their right to housing. The third chapter deals with a few...
|
|
|
Security interest and related institutions in comparison with Spanish legislation
Haushalterová, Andrea ; Šustek, Petr (advisor) ; Zvára, Michael (referee)
Security interest and related institutions in comparison with Spanish legislation Abstract The aim of the author of this rigorous thesis was to compare Czech legislation of security interest and institutions related to security interest with Spanish legislation. In the first part of the thesis, the author outlined general and elementary aspects of security interest in the Czech Republic and Spain and then focused on the comparison of these aspects in the context of the historical development of security interest. Following this historical excursus through the regulation of security interest, the author addressed various aspects of security interest, related prohibitions that can be established and functioning of the relevant registers in which security interest can be registered. Emphasis was placed on comparison of the regulation of those aspects which differ from one legislation to another. The first chapter of the second part of this rigorous thesis was dedicated to the regulation of mortgage, i.e. security interest over immovable property. In this chapter, the author focused on the definition of immovable property under both legal systems, the constitutionality of registration of mortgage in the relevant public registers and the voluntary nature of registration of immovable property in the Real Estate...
|
|
|
Assisted reproduction and related legal issues
Adamová, Barbora ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Assisted reproduction and related legal issues Abstract This thesis addresses the issue of assisted reproduction as a health service suitable for the treatment of infertility, including all aspects related to it. It is mainly due to the increasing number of people struggling with infertility nowadays that the topic is of high importance and deserves, besides scientific and medical attention, also adequate legal attention. The thesis focuses mainly on the legal regulation of assisted reproduction de lege lata and its development, however, it also evaluates the de lege ferenda regulation overview. In addition to the legal framework of the assisted reproduction services, the scope of persons who may be beneficiaries of the service is also discussed. Other related topics discussed include the conditions that must be met in order for beneficiaries to be provided, as well as the provider's obligations and standards. Furthermore, focus is drawn to the proposed changes, both past and present, including the intentions of the legislator. In addition to a summary of the general legal regulation of assisted reproduction, the thesis aims to cover the issue comprehensively, which is why the second chapter is devoted to the topic of germ cells and the possibilities of their donation, as well as the question of the legal...
|
|
|
Matrimonial property with an emphasis on its settlement in the context of succession proceedings
Srbová, Monika ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Matrimonial property with an emphasis on its settlement in the context of succession proceedings Abstract The topic of this thesis is Matrimonial property with an emphasis on its settlement in the context of succession proceedings. The aim of the thesis is to provide a comprehensive interpretation of the institution of matrimonial property with a focus on the process and methods of its settlement in the course of succession proceedings. The main motive behind the objective is the distorted and unclear idea of the public about matrimonial property and its settlement. The first part deals with the concept of matrimonial property, its characteristics and briefly introduces the institution of matrimonial property in Europe. The second part describes the historical development of matrimonial property. The description begins in antiquity and proceeds further in time to relatively recent times. It then focuses more specifically on the legal arrangements in our territory. The third part deals with the current matrimonial property law. Beyond the basic and essential information about the creation, regimes and termination of matrimonial property, it also includes a look into the conflict of laws rules of the contractual matrimonial regime and presents specifics of matrimonial property in the context of enforcement...
|
|
|
Retention of title
Svoboda, Viktor ; Zvára, Michael (advisor) ; Salač, Josef (referee)
The aim of this thesis is to answer some problematic questions related to the retention of title in the context of the current legislation. Considering the frequency of negotiating reservations in ordinary civil law relations, the thesis seeks to answer those questions that may appear to be relevant for everyday practice. In pursuing its objective, the thesis primarily analyses the current legislation and considers relevant decisions of the courts and the opinions of respected authors. The thesis is divided into five chapters. It proceeds from the most general issues to the more specific sub-aspects of the reservation of property rights. The first chapter contains a brief analysis of the legal regulation of the moment of acquisition of the retention of title. The second chapter focuses on the more general issues of retention of title with a view to discussing some aspects of the retention that have not been satisfactorily addressed by the literature. In addition, the chapter aims to capture the essence of the retention of title. The third chapter deals with selected issues related to the position of the seller. The focus here is on the disposition of the seller's rights and the possibilities of the seller's defence against the buyer's conduct which is contrary to his obligations under the retention. The...
|
|
|
Informed consent of the patient
Luksch, Alexandra ; Salač, Josef (advisor) ; Zvára, Michael (referee)
, IRUPHG FR VH RI KH S LH Abstract 7KLV WKHVLV GHDOV ZLWK L IRUPHG FR VH W IURP D OHJDO D G SUDFWLFDO SHUVSHFWLYH , IRUPHG FR VH W LV D OHJDO JURX G WKDW legitimizes the interference with the patient's personal rights ZKLFK FRPSOHWHV WKH SURFHVV RI FRPPX LFDWLR EHWZHH WKH KHDOWK FDUH SURYLGHU D G WKH SDWLH W 7KLV SDUW HUVKLS PRGHO EHJD WR GHYHORS L WKH V 3UHYLRXVO D SDWHU DOLVWLF PRGHO ZDV SUHIHUUHG 7KH OHJLVODWLR R L IRUPHG FR VH W LV SULPDULO FR WDL HG L WKH &R YH WLR R XPD 5LJKWV D G %LRPHGLFL H D G FW 1R R 6SHFLILF HDOWK 6HUYLFHV R zdravotních službách a podmínkách jejich poskytování). 7KH DLP RI WKLV WKHVLV ZDV WR D DO VH WKH OHJDO UHJXODWLR RI L IRUPHG FR VH W D G WR H[DPL H LWV DSSOLFDWLR L SUDFWLFH W WKH EHJL L J WKH WKHVLV GHDOV ZLWK WKH GHYHORSPH W RI WKH GRFWRU SDWLH W UHODWLR VKLS ZLWK D HPSKDVLV R L IRUPHG FR VH W D G WKH OHJDO SURYLVLR V WKDW UHJXODWH WKLV LVVXH 1H[W WKH WKHVLV H[DPL HV L IRUPHG FR VH W L PRUH GHWDLO GLVFXVVL J LWV OHJDO DWXUH L FOXGL J WKH VSHFLILF UHTXLUHPH WV IRU WKH HOHPH WV RI FR VH W /DVW EXW RW OHDVW WKH WKHVLV GLVFXVVHV WKH OHJDO UHJXODWLR RI L IRUPHG FR VH W L WKH 6FD GL DYLD FRX WULHV D G FR FOXGHV ZLWK D SUDFWLFDO SDUW ZKLFK D DO VHV WKH FXUUH W VWDWH RI SUDFWLFH D G SRL WV RXW WKH VKRUWFRPL JV RI WKH OHJDO UHJXODWLR D G ZKHUH SRVVLEOH GH OHJH IHUH GD FKD JHV DUH...
|
|
|
Possession of other rights than the right of ownership
Valčáková, Alžběta ; Zvára, Michael (advisor) ; Salač, Josef (referee)
The thesis deals with the issue of differentiation of the possession of the right of ownership and the possession of rights different from the right of ownership. The main focus of the work lies in the enumerating the rights that can be held and the analysis of individual conditions of their possession, as well as the analysis of the circumstances of the possession of such rights and model situations. Analyzing of the thesis takes place through an analysis of the individual features and types of possession with a focus on the possession of other rights, as well as through the general legal regulation of the possession of other rights and the development of this institution. Last but not least, the thesis focuses on the protection of the possession of such rights. In a separate chapter, the thesis deals with the possession of copyright and related modern rights, such as rights arising from the functioning of artificial intelligence, where the author polemics the inadequacy of the current legal regulation. The sub-objectives of the thesis include in particular the analysis of individual rights for which the Civil Code does not explicitly allow possession, but nevertheless, based on the general definition of possession, possession is possible. The assumption that the case law of the Czech courts defines the...
|
|
|
Determination of motherhood
Dorážková, Zuzana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
182 Determination of motherhood Abstract The topic of this thesis is the determination of motherhood. Its aim is to identify the situ- ations that make the determination of motherhood difficult or impossible and to evaluate their legal regulation or to propose its supplementation. The thesis is divided into eight chapters, with the first chapter being devoted to the definition of the term motherhood and its history, current legislation and origins. The second chapter focuses on assisted reproduction. It describes its basic principles, his- torical development, current legislation and possible risks. Chapter three, focusing on surro- gacy, is also related to assisted reproduction. This chapter draws attention to the lack of legal regulation in this area and, after an assessment of the possible consequences of its absence, a de lege ferenda draft of the basis for legal regulation is drawn up. The highly controversial option of whole-body donation is also mentioned here. The fourth chapter briefly describes the legal regulation of adoption, as one of the possi- bilities of how a child can legally have a woman different from the one who gave birth to him or her on the birth certificate. The thesis here also alludes to the possibility of adopting a child by a person in a registered partnership and enabling it by...
|
|
|
Acquisition of right in rem from unauthorised person to a thing registered in public register
Cihlář, Matěj ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of right in rem from unauthorised person to a thing registered in public register Abstract This thesis deals with the topic of acquisition of the ownership right to immovable property registered in the cadastral register from an unauthorized person on the basis of the provision of Section 984 of the Czech Civil Code. The thesis then focuses on the condition of good faith (bona fides) of the acquirer and its specific conditions in such cases. The thesis is divided into four main chapters. The first chapter is devoted to an overview of the main legal principles that are reflected in this field. The second chapter provides a brief summary of the evolution of the legislation regarding this matter from the First Czechoslovak Republic to the present day. The third chapter is then devoted to the analysis of the good faith of the acquirer, based on the legislation, literature and case law, both current and historical. The fourth chapter then introduces the German legislation and compares the main points on which the legislation and practice in both countries are based. The author concludes that the good faith of the acquirer in the entry in the cadastral register is presumed in the Czech legal environment; however, the courts impose significant requirements on the acquirer to exclude doubts about the...
|
|
|
Package Tour (Section 2521 - 2549a of the Czech Civil Code)
Vondřejcová, Anna ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Package Tour (Section 2521 - 2549a of the Czech Civil Code) Abstract The diploma thesis focuses on the description of the legal regulation of the package tour contract in the Civil Code and other legal regulations related to the package tour. The aim of the thesis is to describe and to analyse the legal regulation of the package tour contract in the Civil Code and in Act No. 185/2020 Coll., regarding some of the measures to mitigate the effects of the coronavirus epidemic reffered to as SARS CoV-2 on the tourism industry, also known as the so called Lex Voucher. The package tour contract is a key institution in the tourism legislation and is largely influenced by european legislation. Therefore this thesis also describes and often refers to the legal regulation of two basic directives, on which the regulation of the package tour contract in the Civil Code is based on. The essential directives are called Council Directive No. 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, and Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. Since the...
|
guest ::
RSS feed.