National Repository of Grey Literature 164 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
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...
Easements
Hadačová, Marie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to try to provide a comprehensive interpretation and analysis of the legal institute of easements and their individual aspects in the current legal regulation, taking into account the judicial decisions of the Czech courts after year 1989 as well as the case law of the First Republic related to the General Civil Code. The thesis consists of four parts. The first part deals with the interpretation of the concept of iura in re alinea as the institute superior over easements. In the last chapter of this first part the institute of easements and their basic aspects are generally defined. The second part of the diploma thesis describes the individual stages of the historical development of the institute of easements. The concept of easements in Roman law is being analyzed, taking into account some differences from its conception and modification at present. The following is an interpretation of medieval easements, and finally, the author deals with the modern legal regulations of the easements in the civil law legislation starting from the General Civil Code through the civil codes issued under the Communist regime in 1950 and 1964. The third part, which represents the focus of the diploma thesis, provides a detailed analysis of the current legal regulation of easements...
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...
Unjustified Enrichment in the Comparative Perspective
Petrov, Jan ; Frinta, Ondřej (referee)
strana 259 Unjustified Enrichment in the Comparative Perspective Abstract The aim of the thesis is the legal research of important results concerning unjustified en- richment that have been attained in foreign jurisprudence and judicial opinions, especially within the German legal family, and their comparative application to all provisions of the New Czech Civil Code ("NCC") regulating unjustified enrichment, including their rela- tion to other parts of civil law. The thesis thus draws extensively from Austrian and Ger- man jurisprudence and case law, from the Draft Common Frame of Reference, from Swiss law and from comparative literature; further legal orders are also mentioned and a refined translation of relevant foreign provisions is included in the appendix. The thesis does not include a mere description, but rather follows the interests of Czech law and aims to make a contribution to Czech jurisprudence and application the of law. Accord- ingly, the thesis is also founded on complete research of the Czech Supreme Court case law made in and after 2010. The thesis comes to a number of conclusions (summarized in the itemized resumé) which may be deemed for original from the point of view of the Czech legal discourse. These conclusions corroborate the hypothesis that the Czech law of unjustified...
Legal (non)regulation of the company Airbnb
Kundrátová, Jana ; Frinta, Ondřej (referee)
1 Abstract Thesis title: Legal (non)regulation of the company Airbnb This rigorosum thesis concentrates on the legal (non)regulation of the company Airbnb in the prism of the civil law. The thesis can be divided into four main parts: The first part is an analysis of the essential elements of a sharing economy (characteristics, definition, key concepts and history). The specification of the subjects of the sharing economy is presented in the second part of the thesis as: Airbnb as an intermediary, host as a service provider and guest as a service user. The conclusion indicates that the current legislation regulating Airbnb is not suitably applicable in practice and contains much ambiguity. The third chapter titled « Legal regulation » describes the fact that technical innovations entirely overtake and reshape the legal regulation today. The first part briefly mentions the legal regulation in theory and than recapitulates different approaches to the regulation in the world demonstrated, with the approach of the EU institutions to the sharing economy. In the last and very important part for me, de lege ferenda for Czech Republic and for EU considerations are presented. The main aims of this rigorous thesis are three: 1. To find a comprehensive analysis of principles of the sharing economy and understand its...
Carpooling in the light of private and public law
Müller, Tomáš ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Carpooling in the light of private and public law Abstract The thesis deals with legal aspects of carpooling across the spectrum of the law of the Czech Republic. Due to carpooling not being a legal term, the thesis itself defines it as a phenomenon when multiple people are traveling simultaneously by one road transport vehicle, under the assumption that the transport is not being provided on a commercial basis. The thesis also describes the differences between carpooling and commercial transport of persons. As far as public law is concerned, the thesis discovers which areas of administrative law apply to carpooling and what consequences arise for the subjects concerned. This involves the regulation of road transport and road traffic in particular. The description of tax implications is also included. Furthermore, the thesis deals with criminal and administrative liability. The focus, however, is on private law. After an exploration of the legal history of transport of persons, the thesis answers the question whether or not contractual obligations arise from carpooling and inspects the elements of the contract along with the rights and duties of the parties. International aspects are taken into account - the thesis studies direct legal norms as well as rules governing conflicting laws. The centrepiece of...
Legal issues of gametes in relation to assisted reproduction
Stieranková, Aneta ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
66 Abstract Legal issues of gametes in relation to assisted reproduction The thesis deals with the issue of assisted reproduction with a specific focus on gametes and some issues that are associated with them. In order to better understand contradictory opinions and views on a particular issue, the Czech legislation is compared with the British legislation. Then, in each individual case, it is assessed which country has dealt with the problem better, using a comparative method. The introduction of the thesis deals with assisted reproduction in general, especially from the point of view of definition of the concepts and historical development of this issue. Subsequently, the basic legal framework for assisted reproduction is defined both in the Czech Republic and the United Kingdom. Briefly, there are also summarized the most basic requirements for gametes donors in both countries. In terms of specific problems related to gametes, much of the work focuses on the anonymity of sperm donors, in particular summarizing the most important arguments of its opponents and subsequently refuting these arguments. The conclusion of this chapter submits why, in my view, the anonymity of sperm donors should be maintained. The next part is devoted to financial rewards for donation of gametes, their admissibility and amount....
Superficies solo cedit
Doležal, Tomáš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Superficies solo cedit The topic of the presented diploma thesis is the principle of superficies viewed from its historic development and its place in current law. The principle stipulates that whatever is found on a land or has arisen from it, becomes parts of it. The superficies principle has been in employment since ancient Rome and has been reintroduced in our legal system after the recodification of private law in 2012 The thesis begins with the historical development of the superficies principle not only in Roman law, but also in the Czech lands, especially with its 1811 AD codification in AGBG. The historical development is followed by a brief description of the departure from the superficies principle following political and societal changes in post-war Czechoslovakia. The denial of the superfecie solo cedit principle survived until the recodification of private law in 2012 by act n. 89/2012 Sb, of civil code. The core part of the thesis analyzes the superficies principle in the Civil Code and related statutory instruments, especially those regulating the cadastre problematics, as this area is most impacted by the principle of superficies. Based on a theoretical explanation of the superficies principle, the thesis presents some practical impact of its application on the cadastre and its...
Legal liability of a physician in graduate medicial training and its practical consequences
Štoková, Daniela ; Frinta, Ondřej (referee)
Legal liability of a physician in graduate medical training and its practical consequences Abstract From both legal as well as practical point of view, a physician in training (i.e. without specialist qualification for performing the medical profession of physician) finds himself in a unique position, differing from those of any other medical staff. Having completed a medical degree, a physician starts his journey towards obtaining an unrestricted license to practice medicine. However, up until a successful ending of his graduate training, he is required to practice medicine under direct or indirect supervision of an attending physician, with a sole exception of those procedures explicitly permitted to be done unsupervised. With regard to the above mentioned, the aim of this thesis is to deliver a complex picture analysing legal liability of a physician in graduate medical training. Further on, it aims to critically assess current legislation concerning this topic on the grounds of relevant case law as well as outcomes of a survey among physicians without specialist qualification for performing the medical profession of physician. First part of the thesis analyses mainly the legal framework a physician in training has to work in, i.e. Act. No. 95/2004 Coll. Following part of the thesis then covers the issue...
Legacy in law of succession
Svoboda, Martin ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The present thesis discusses the legislation of an ancient and new-old institute of inheritance law, legacy. Legacy was in the Czech legal environment in the 60's of the last century as a traditional institute of inheritance law, allowing the testator wide opportunities of acquiring his property mortis causa. With the effectiveness of the Civil Code No. 40/1964 Coll., that released its regulation, completely disappeared from the public's legal awareness. The topic of the legacy became recurrent in connection with the recodification of private law, because adoption of Civil Code No. 89/2012 Coll. caused a return of legacy to the Czech law. The specificity of the legacy is its disruption with universal succession, which is otherwise typical for inheritance law. The main objective of the thesis is to evaluate the legacy and to conclude about the quality of the current legislation and its usefulness for legal practice. The secondary objective is to acquaint readers with the legacy and define its position in the legal environment. For the interpretation is chosen a procedure that goes from general to specific, which corresponds to the content layout of the thesis. The first part of the thesis deals with an analysis of the legacy as a whole and its differentiation from classical inheritance as well as...

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