National Repository of Grey Literature 162 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
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...
Elektronic identification of persons in private law relationships
Dvořáková, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Electronic identification of persons in private law relationships Abstract This diploma thesis deals with the topic of electronic identification of persons in private law relationships. It defines all types of electronic identifiers, which can be used in private law relationships by both legal entities and so natural persons. This paper summarizes the young and not for long used legislations. This legislation is not often used in practice and for that reason it has the only commentary. The case law for this problematics is also lacking and that is why it could not be used as one of the sources, despite that it is in many cases one of the most used and valuable sources. This thesis analyses not only the legal aspects of the electronic identification, but also the technological aspects, which it tries to explain even to the readers, who can be absolutely untouched by the world of information technology. At the same time this diploma thesis provides instructions for potential users of instruments of electronic identification, who can be distrustful and insecure of its first time user experience. The minor part of this thesis deals with the history of electronic identification. This section is not extremely extensive due to the fact, that history of his phenomenon goes only about hundred years to the past. The...
Compensation for injury to the natural rights of man
Malý, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the issue of harm to natural human rights and its compensation. The thesis focuses on the current regulation of this institute contained in The Civil Code No. 89/2012 Coll. Furthermore, in this work, the current regulation is compared with the previous regulation, namely Civil Code No. 40/1964 Coll. The main aim of this work is to provide a basic and comprehensive insight into the issue of harm to natural human rights, focusing on the description of the changes brought about by the adoption of the new Civil Code. Another aim of the thesis is to outline the consequences of these changes. At the beginning the diploma thesis focuses on all the articles of the first part of the Civil Code, which deal with the regulation of natural rights. In the next part of the thesis it provides a general insight into the issue of liability for the damage caused to natural rights. This general basis is necessary for the next part of the work, which deals with claims for compensation of immaterial harm and decision on its amount according to the new Civil Code. The most extensive third part of the thesis therefore deals with specific remedies, namely compensation in the event of injury and the death and indemnification of secondary victims. At the end, the diploma thesis mentions another...

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