National Repository of Grey Literature 11 records found  1 - 10next  jump to record: Search took 0.00 seconds. 
Legal Decency (Equity) and Civil Code
Eliáš, Karel
The paper tackles the current legislation pertaining to Czech private law. Equity has its philosophical origin in ancient Greece, it influenced Roman legal thinking and is part of the Czech judiciary.
Legal Consequences of Corporate Mortgage
Eliáš, Karel
The author of the article formulates premises and conclusions concerning the interpretation of relevant provisions of the Civil Code pertaining to corporate mortgage.
Inspirational Force of the General Austrian Civil Code in the Proposal of the Civil Code for the Czech Republic
Eliáš, Karel
The contribution indicates that the author is one of the key persons participating in the preparation of recodification of the Czech Civil Code. The author pays attention to the development of the proposal of the Code from the preliminaries and laying down the conceptual basis to passing the proposal by the government in May 2011. He points out that the main postulates adopted by the modern codification are ideas which were already expressed in the General Austrian Civil Code, such as respecting a person as a free individual and acceptance of the role of a judge as an authority which both applies and makes law.
The concept of trust in Czech law
Skuhravý, Jan ; Spirit, Michal (advisor) ; Boháček, Martin (referee) ; Eliáš, Karel (referee) ; Touška, Mikuláš (referee)
During the legislative works on a new Civil Code for the Czech Republic, it has been proposed that the concept of trust be introduced into Czech law, largely by transplanting the concept of fiducie contained in the Civil Code of Québec. The thesis, after introducing the principal concepts of trust as known around the world today, whether in common law jurisdictions, civil law jurisdictions or mixed jurisdictions, describes the principal commercial uses of trust in trust jurisdictions and analyses the possibilities of current Czech law to replicate the trust function not using the trust. The thesis argues that the classical civilist objections to the possibility to implant true trust into civil law jurisdictions are largely unfounded in respect of the Czech legal system. The thesis further performs a comparative assessment of the Czech Civil Code proposal. It is argued that the legal construct at hand in the proposal is actually not trust, but a mere trust-like arrangement, as it lacks one of the trust's most salient features -- transfer of the trust property by the settlor to the trustee. Apart from that, the thesis analyses specific provisions of the proposal and subjects them critique. Based on this analysis, it introduces a number of proposals for the enhancement of the proposed provisions.
Public order observance as an expression of public interest in Private Law and an outline of the new Civil Code
Eliáš, Karel
Public order and public interest from the point of view of the current legislation and their interpretation in the draft of the New Civil Code.
Legal entities
Eliáš, Karel
The new Civil Code Bill regulates legal entities in greater detail than the existing Civil Code. Fundamentals and principles of this regulation.
Private Will manifestation in the Civil Code Bill
Eliáš, Karel
Contrary to existing the Bill resigns on the approach to the ascertainment of the content of manifested will.
New CivilCode - Systematic and structural apsects
Eliáš, Karel
Systematic and structural aspects of the Civil Code Bill. Conceptual problems of structure - the Bill is divided into five parts.
XI. Carlsbad lawyer´s days
Eliáš, Karel
The author deals with the criticism of the commercial code amendment implemented by act No. 370/2000.
Problem fields of amended Commercial Code
Eliáš, Karel
Analysis of some problems of amended Comemrcial Code.

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