National Repository of Grey Literature 161 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Rights from defective performance in consumer contracts
Nováková, Kristýna ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Rights from defective performance in consumer contracts Abstract This diploma thesis deals with rights from defective performance in consumer contracts, with both the general regulation of the rights of defective performance in the contract between the entrepreneur and the consumer, as well as the specific rights of defective performance in this contract in the case of the purchase contract and contract for work. The thesis contains definitions of the basic subjects of consumer law, as well as legal terms, which are often associated with the application of legal rules of consumer law. Such terms are defective performance, as well as individual types of defects, or even the disputed warranty under the law or voluntary contractual guarantees provided by the seller. This thesis deals in detail with the rights of defective performance, which belongs to the buyer in case of conclusion of the purchase contract. A special focus is given to the special subsection of civil code on the sale of goods in the shop. The part of this thesis is also the definition of the term of complaint, the exercise of the right from defective performance in terms of its content, manner or form, or the work also represents the persons entitled or compulsory to complain. The thesis also solves problems with proper application of the...
Share pledge in a corporation
Pašek, Dominik ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Share pledge in a corporation Abstract The thesis deals with the share pledge in a corporation. In the beginning I analyse the meaning and purpose of the lien. The following section deals with pledgeability of a share in a corporation. Firstly, I discuss the pledgeability of a share as an intangible movable asset that represents a set of rights and obligations arising from participation in a corporation and, further, the share pledge in each type of corporation, including the association and unit owners' association. The different rules for shares depend on whether they are in a form of a security or not. Subsequently, I deal with the formation of a lien, while focusing on the various titles from which the lien can arise and the question of the moment of creation of the lien. I analyse in detail the creation of a consensual lien, i.e. on the basis of a pledge contract. This is followed by the creation of an ex actu lien on the basis of a court's approval of an agreement of the heirs to divide the estate, and on the basis of a tax administrator's decision pursuant to the Tax Code, where I also provide practical information communicated by the General Financial Directorate. Then I analyse the ex lege lien, and I deduce several options where it could theoretically arise. In the part of the work that I consider...
Donation mortis causa
Drachovský, Ondřej ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Donation mortis causa Abstract Inheritance law, in its broader concept donation mortis causa falls, is being referred to as the hearth of civil law since it interconnects both proprietary (contractual) and personal (family) aspects. Czech civil law recodification meant significant change of inheritance law legislation, including renaissance of wide range of legal institutions including donation mortis causa. This thesis aims to comprehensively and critically assess legal regulation of donation mortis causa in the Czech Civil Code. The emphasis is primarily put on problematic aspects of this regulation. The submitted thesis endeavours to find answer to the question of practical usability of the donation mortis causa. Its author attempts to provide a reasonable interpretation of provisions of lex lata concerning the subject matter of this thesis. The solution of the most serious legislative problems is proposed within the summary of the submitted text. As for the structure, this diploma thesis is divided into six parts, with each part being split in chapters and sub-chapters. The first part depicts the genesis and further evolution of the legal institution of donation mortis causa. The second part defines the terms fundamental for the thesis. This part also includes the answer to the ancient question, how to...
Contract for a work
Korefová, Alžběta ; Elischer, David (referee)
The dissertation deals with some areas of the work contract (the scope of the work, the price of the work and the payment terms and the execution of the work). The dissertation consists of two unevenly large parts. The general part briefly introduces the concept of commitment and contract, describes in general the contract for a work including a brief historical and foreign excursion and generalizes the national legislation of contract for a work according to the Civil Code, focusing on its character, form, typical features and essentials. The last subchapter differentiates the contract for a work from some similar contractual types. A special part of this dissertation is divided into four chapters. The first chapter approximates the concepts of "mandatory" and "non-mandatory" provisions as the types of legal nature of a legal rule. The next chapter deals with contract for a work focused on construction work and examines the legal nature of the special provisions. The following and most extensive chapter consists of three subchapters (price for a work, the scope of a work and the performance of a work and payment terms) and deals in detail with both the legal regulation of the part and the legal nature of provisions, as well as the reflection of the parties' interests in the area of the contract...
Status of creditors of the testator in the estate proceedings
Peřinková, Petra ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The diploma thesis deals with the topic of the status of creditors of the testator in the estate proceedings, which has undergone a major change with the modification of the current Civil Code. Adjustment of inheritance law and, with it, the position of creditors in the estate proceedings during the period of socialism was dismal, so this change was needed. The ability of creditor to protect his debts in the case of the debtor's death has been extended by many new and old-age institutions. Together with that, the responsibility of the heirs for the testator's debts was extended. The diploma thesis deals with the opinions of the professional public, which are often very different or even contradictory. Part of this work is an analysis of these opinions and searching for a suitable starting point. The thesis is divided into six chapters. The first deals with inheritance law as an absolute property right, that is, the law that works erga omnes. It also defines the conceptual difference between inheritance and estate introduced into civil law with the effect of the Civil Code. The second chapter deals with the genesis of the transition of testator's debts to the heirs and the position of creditors in the past. The historical chapter summarizes both substantive and procedural law, without which the...
Security transfer of ownership
Bodláková, Justina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Security transfer of ownership Abstract The subject matter of this thesis is the security transfer of ownership as a means of debt security in the Czech Republic. Within five chapters, the thesis analyses the law applicable to the security transfer of ownership while considering the difficulties arising out of its interpretation that were identified by courts, experts and legal practice. The main purpose is to present the difficulties related to the use and interpretation of the security transfer of ownership in a critical manner. The first chapter aims to put the security transfer of title in the context of the law of obligations, to place it among other types of debt securities and to capture its substance. Subsequently, the thesis describes the roots of this type of debt security in Roman law and the evolution of the security transfer of title in the Czech territory. There is a comparative mention of the use of the security transfer of title in Germany and France at the end of the first chapter. The second chapter analyses the security transfer of title under Act No. 40/1964 Coll., the Civil Code and identifies problems related to the imperfect legislation. This chapter also analyses the case law that had fundamental impact on the interpretation of this debt security and that were reflected in the...
Artificial intelligence and liability for its actions
Urban, Martin ; Elischer, David (referee)
Thesis title: Artificial intelligence and liability for its actions The artificial intelligence has recently become a ubiquitous phenomenon with a potential to change the world as we know it. Therefore, this thesis is concerned with the topic of artificial intelligence, specifically with a connection to a civil-law liability for its actions. It is absolutely clear that there will be more and more events in the future where damage will occur due to actions of artificial intelligence. Thus, the primary goal of this thesis is the determination of the person liable for damage caused in such cases under Czech law. Further goals of this thesis are an analysis of the question how is the dawn of autonomous cars influencing the legal instrument of liability for the damage caused by the operation of a means of transport as well as an introduction and examination of a recent resolution of the European Parliament which is supposed to serve as a basis for a future legal framework addressing the artificial intelligence in the area of the European Union. First, the paper focuses on the definition of the term artificial intelligence from a technical and legal viewpoint. This analysis shows that the definition of this term is not a straightforward one from neither of these viewpoints which can have serious...
Prerequisites for the obligation to compensate for personal injury from the provision of health services
Pokorná, Lucie ; Šustek, Petr (advisor) ; Elischer, David (referee)
Prerequisites for the obligation to compensate for personal injury from the provision of health services This rigorous thesis is aimed on prerequisites which must be fulfilled in order to qualify for the compensation for the personal injury, taking into account the specifics that are related to the provision of health services. In case of dispute is the most difficult to prove infringement of the doctor and the causation between the infringement and subsequent damage. For this reason, together with the personal injury part, this is the core of this thesis. In this thesis, I first focus on civil liability in general and build on the issue of civil liability with regard to the provision of health services. There is also a chapter dedicated to health services and directly embedding this area in the legislation. The other parts are divided according to the individual assumptions of the obligation to compensate for personal injury, namely the infringement, the personal injury, the causation and the culpability. In each section, I try to bring the assumption on a general level and consequently with regard to the specifics that are associated with the provision of health services. The third part deals with the first assumption, it is an infringement. In connection with the provision of health services, I...
Models of Post-Divorce Child Care in the Czech Republic and in Italy
Argalášová, Marta ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Models of Post-Divorce Child Care in the Czech Republic and in Italy Abstract The topic of the thesis is a comparative approach to the institute of post-divorce childcare in the Czech Republic and in Italy. Decision-making about family arrangements after the divorce and separation of parents is related to a choice of the right model of post-divorce childcare, which the law of different countries offers. This decision implicates, in itself, also a decision on the right of access and maintenance, therefore a decision on childcare. The introductory part of this thesis is dedicated to a historical excursus on the development of family law in both countries, which enables the reader to understand current legislation and its background. A substantial part of the thesis is dedicated to the institute of divorce itself, since it is considered the starting-point for the decision about post-divorce childcare. The differences between the concept of divorce in the Czech Republic and in Italy are crucial for the following post-separation childcare decision-making. The so-called two-phase divorce in Italy makes a great difference in the decision-making about post-divorce childcare in both countries. The main part of the thesis offers a comparison of post-divorce childcare and the introduction of single models of...
Protection of personality of the child focused on protection of physical integrity of the child
Záliš, Martin ; Elischer, David (referee)
Protection of personality of the child focused on protection of physical integrity of the child This thesis deals with protection of personality of the child. It is not possible to cover the whole area of the protection of personality of the child, therefore, this diploma thesis focuses on the problems of the protection of physical integrity of the child, compulsory vaccination and corporal punishments. Using the descriptive and analytical method, comparative method and historical method, the aim of this thesis is to analyse and to evaluate the Czech law of protection of personality of the child, especially the protection of physical integrity of the child, to analyse the selected issues of the physical integrity of the child and to predict the further development in this area. Our current legal arrangement is compared with that of Germany and Slovakia. The text is concerned mainly with the protection of physical integrity of the child in the Czech Republic. The diploma thesis is divided into three parts, introduction and ending. For reader's convenience, parts are further divided into chapters and subchapters The first part is focused on the definition primary terms. This part contains a historical sketch of the protection of children focused on Convention on the Rights of the Child [including...

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