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Lease of an apartment - Comparison between Czech and English legal regulations
Vošahlíková, Veronika ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
LEASE OF AN APARTMENT - COMPARISON BETWEEN CZECH AND ENGLISH LEGAL REGULATIONS ABSTRACT The aim of this thesis is to thematically focus on the current legal regulations governing the area of a lease of an apartment. This thesis, inter alia, compares to what extent the legal regulations on lease of apartments in the Czech Republic differ from the English legal regulations and develops a discussion on which of those English legal regulations could the Czech lawmaker get inspired by. The thesis analyses the question of how the legal systems respect the principle of contractual freedom and, at the same time, protect the interests of the tenant, the endeavor to protect the tenant being characteristic for this area of law. The thesis is divided into nine main chapters. The introduction describes the area of lease in general. Within this topic, the basic differences between the Czech and English legal systems are outlined and the distinction between the terms of the lease under both legal regulations are explained. The second chapter focuses on a lease agreement. This chapter includes an analysis of the contracting parties of a lease agreement. The following chapters deal with the rights and obligations of the landlord and the tenant, the sublease, rent and termination of a lease. The chapter dealing with the...
Common property of spouses and entrepreneuship
Pavlorková, Darja ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Common property of spouses and entrepreneurship Abstract Presented diploma thesis on common property of spouses and entrepreneurship aims to provide a comprehensive overview of current national legislation of common property of spouses with a particular focus on entrepreneurship issues with subsequent evaluation of legal regulations, criticism of identified legal defects and proposing solutions. Sufficient space of a diploma thesis is also devoted to de lege ferenda considerations in connection with the comparison of national law with the legal regulation of matrimonial property law in the Federal Republic of Germany. The legal regulation of the institute common property of spouses in the Civil Code does not give answers to all questions arising, therefore, the case law of the Supreme Court of the Czech Republic is widely used in the thesis. In the text of this diploma thesis are proposed legislative changes which it would be appropriate to think about in the future. Case-law of the courts of the Federal Republic of Germany and the case-law of the European Court of Justice is also not omitted. To achieve the proposed goals is the text of the submitted diploma thesis next to the introduction and conclusion structured into seven chapters. First of all attention is focused on the historical development of...
Pacta Sunt Servanda in Recent Civil Law
Novotná, Dominika ; Šustek, Petr (advisor) ; Salač, Josef (referee)
1 Pacta Sunt Servanda in Recent Civil Law Abstract The thesis deals with the brocard of pacta sunt servanda and its application in the current Czech civil law. After a brief explanation of the historical circumstances and a concise description of the historical development of private law in Czechia, the first chapter outlines the establishment and the practical confirmation of the pacta sunt servanda principle in the judicial rulings of the Czech Constitutional Court after year 1990. The second chapter analyzes the natural law doctrines that have informed the authors of the Civil Code in drafting the law, including the principle of pacta sunt servanda. The third chapter of the thesis reviews the practical expression of the principle that agreements must be kept, and promises are binding in the applicable provisions of the Civil Code. The freedom of contract is one of the essential tenets of the private law, which gives parties freedom to decide whether to enter into a contract, with whom and the freedom to decide (acting in mutual respect of the equal autonomy of the persons involved) about the contents of the contract. But the freedom is also accompanied by responsibility. One of the possible consequences of the pacta sunt servanda principle is a party's duty to negotiate with care and not to lead a...
Private-law aspects of compulsory vaccination
Řezáčová, Denisa ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Private-law aspects of compulsory vaccination The subject of this thesis is the legal regulation of compulsory vaccination from the perspective of private law. Although it can seem that it is only public-law theme, the opposite is true. The compulsory vaccination which the persons undergo according to the law means some kind of intervention into human rights and fundamental freedoms. On the other hand this limitation has benefits for whole society, because it provides elimination of highly-contagious infectious diseases that can often cause death. Despite the fact that the primary objective of the vaccination is to protect the health of the individual and whole society, there may be situations when a person is harmed due to the vaccination. The question is who is responsible for this caused harm. And this responsibility for harm which is being connected with vaccination means private-law overrun of this institute. In the beginning of my thesis I focus on the creation of the vaccination process itself and I introduce the basic institutes, which are public health, collective imunity, permanent contraindication or possible unwanted effects. Then I focus on obligation to be vaccination, non compliance of it and possible sanctions, which can be imposed on person, who defaults the obligation. The main...
Doctors' Right to Withhold Medical Care
Černíková, Nikola ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Doctors' Right to Withhold Medical Care Abstract Very little attention is being paid to the rights doctors have to refuse to provide medical care, notwithstanding how important this area of interest is. It is not the aim of this thesis to provide a superficial description of fundamental grounds for withholding treatment. Its primary purpose is to present an analysis of the issues that are of most concern. To this end, the key concepts closely examined are conscientious objection and religious beliefs, as these constitute the subject of frequent interpretative, judicial and ethical disputes. A chapter in this thesis is also dedicated to refusal to provide healthcare based on a risk to the life or body of the health professional. All of the other reasons for not providing medical care or for ending it are briefly discussed within the context of the so-called contractual obligation of healthcare providers. Conscientious objection and religious beliefs are most often viewed from the perspective of public law. Nevertheless, in this thesis the two concepts are presented mainly in the light of private and civil law. A short philosophical and ethical analysis of the two concepts is followed by an extensive legal analysis. The theoretical part of the thesis concentrates on related statutory regulation and the...
Mediation in relation to chosen queries of divorce
Hrbková, Zuzana ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The aim of this thesis is to explain the role of mediation and its possibilities in dealing with questions connected to divorce, focusing on adjustment of child relations after a divorce. It also deals with the use of other methods for adjustment of child relations after divorce which should help with minimalizing negative impacts which are inevitably connected to divorce. It is looking for inspiration in our neighbouring countries: Germany, Austria, and Poland. This thesis is divided into two imaginary parts. The first part includes eight chapters and is dedicated to family and divorce mediation. In the second part, there is analysed adjustment of child care after divorce in the Czech legal system and there are discussed other methods than mediation which can be used for adjustment of child relations after a divorce. At the beginning of the first part, mediation is defined as alternative dispute resolution. After that, there is shortly mentioned its history and development in Europe and the Czech Republic. In the third chapter, family mediation is introduced and its elementary types (i.e. family mediation in a narrow sense and divorce mediation) in Czech terminology are defined while there is also mentioned mediation for the protection of children. This chapter also familiarizes us with specific...
Immaterial harm in civil law
Pincová, Vendula ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with the legal regulation of immaterial harm (non-pecuniary loss) in civil law with a necessary extension to other spheres of private and public law. Immaterial harm reflects the personal loss caused by the infringement of human personal rights or other natural rights protected by law. There is no possibility of objective pecuniary evaluation in comparison to the material harm (damage) and so there is no potentiality to recover damages easily. The main goal of the thesis is to compose crucial issues regarding immaterial harm. The thesis uses mainly analysis of primary and secondary sources such as legal regulation, professional literature and judicial decisions. The immaterial harm is linked to the two main areas of law: 1) tort law and 2) the protection of person and personal rights. So the thesis is divided into two parts for that important reason. The first part of the thesis deals with the common regulation of the immaterial loss. Legal provisions encompassing immaterial harm are regulated in the first chapter. Next chapter explains tort law: a wide area including immaterial harm. The third chapter focuses on concept of civil tort; there is an important issue in connection with recodification. The fourth chapter deals with liability in general: this term was replaced by...
Residential lease
Legnavský, Mário ; Salač, Josef (advisor) ; Plecitý, Vladimír (referee) ; Rozehnal, Aleš (referee)
RESIDENTIAL LEASE ABSTRACT This thesis aims to provide complex analysis of a legal institute of residential lease based on current legal framework (in particular Act No. 89/2012 Sb.) in comparison with the previous legal framework (in particular Act No. 40/1964 Sb., in the version effective on 31 December 2013) while considering the historical context of older legal frameworks of residential lease and the milestones in the development of civil law on our territory. The thesis is structured into 3 chapters which are further divided into subchapters, sections and subsections. The first chapter is devoted to the development of legal framework of residential lease on our territory (except for Roman law framework) until 1989. The beginning of the first chapter outlines the Roman law together with the medieval Koldín's Code. Subsequently are described general characteristics within the historical context of the key Civil Codes which were in force in the specific period on our territory including the General Civil Code (Imperial Patent No. 946/1811 Sb. z. s.), the Civil Code of 1950 (Act No. 141/1950 Sb.) and the Civil Code of 1964 (Act No. 40/1964 Sb.). The legal frameworks of residential lease, or personal use, which were included in the mentioned codes, are elaborated on in more detail in this chapter together...
Lease Of Commercial Premises
Ludvíková, Barbora ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis aims to analyse the applicable legal regulation of lease of commercial premises pursuant to the Act no. 89/2012 Coll., Civil code, as amended, in the context of general practice and with focus on material improvements of leased property. This thesis is divided into 11 chapters, each dealing with different aspects of the examined legal institute. The first two chapters are introductory and pertain to lease in general. The first chapter focuses on the evolution of lease throughout history, spanning from roman law to modern legal codes. The second chapter characterises lease as an obligation in general as it reports on placement of the relevant provisions within the civil code and on the characteristics of lease, which include its subject, yielding it to another for use, its temporariness and consideration. The third chapter deals with the subject of the lease, i.e. commercial premises and their administration in cases of co-ownership and community property of spouses. The following chapter deals with the creation of lease and explores the requirements for a valid and legally binding lease agreement. The fifth chapter considers the temporariness of lease, leases concluded both for indefinite and for definite period of time, leases concluded for an uncommonly long time period and...
The burden of proof on the unlawful conduct of the health service provider
Slezáková, Alžběta ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
The burden of proof on the unlawful conduct of the health service provider Abstract This thesis describes a burden of proof and the distribution of the burden of proof on the unlawful conduct of the health service provider between the parties to the dispute. Particular emphasis is put on cases in which patient as party burdened by the burden of proof is unable to prove unlawful conduct of the health service provider or other elements of the obligation to pay damages because the health service provider violated his obligation to properly maintain medical records. This thesis is composed of eight chapters. Chapter One is introductory and describes the civil liability which can arise out of the provision of health services. It presents cases of strict liability and also liability for fault. Chapter Two deals with the unlawful conduct of the health care service provider. Besides the general introduction, attention is paid to medical malpractice and other typical cases of unlawful conduct related to the provision of health services. Chapter Three examines other elements of the obligation to pay damages in cases of medical malpractice. Chapter Four deals with the procedural obligations of the parties to the dispute, especially with the duty of assertion and evidence and the burden of assertion. Chapter Five is...

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2 Salač, Jan
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