National Repository of Grey Literature 140 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Legal Institution of Testament
Timková, Barbara ; Thöndel, Alexandr (referee)
This thesis deals with the legal institution of testament. The purpose of the thesis is to characterize and analyse individual aspects of legal regulation contained in the Act No. 89/2012 Coll., Civil Code, and to think about changes and new institutions, that became part of legal regulation. The thesis is divided into an introductory chapter, eight chapters and a conclusion. The introductory chapter covers introduction to the matter and describes the purpose of the thesis. The first chapter deals with characteristics of individual legal titles of succession, such as inheritance contract, testament and intestate succession. The second chapter provides general characteristics of testament as a legal act. The purpose of the third chapter is to describe the conditions of testamentary capacity and its limits. The fourth chapter describes individual forms of testament, such as testament made by means of a private instrument, testament made by means of a public instrument and also concessions in the making of a testament. The fifth chapter focuses on clauses of lesser importance in a testament, such as selection of executor of last will or conditions, determinations of time and mandates. In the sixth chapter we can find deliberation on institutions of substitution of heirship and succession by...
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...
The concept and the principle of the Trust
Bulušek, Petr ; Elischer, David (referee) ; Thöndel, Alexandr (referee)
The thesis explains the legal regulation of the trust in the context of its historical aspects, as well as the current legal regulation, and can be a basis for possible solutions of questions and problems arising in connection with the establishment and functioning of the trust in ordinary relations and life situations. A considerable part of the thesis from the first to the third chapter represents a detailed description of the historical context of the trust due to the fact that it is precisely this context that is essential for the right interpretation and understanding of the trust. Thus, taking into account the fact that the trust is in the legal order of the independent Czech Republic a new institution and it has not been understood and accepted by the majority public at first. The historical context may also be important in the point of solving problems of the application when the current local jurisdiction is not yet available. The main part of the thesis consists of its fourth chapter which provides a detailed analysis of the legal regulation of the trust contained in the Civil Code No. 89/2012 Coll. The chapter focuses to highlight the positive contribution of the trust in the Czech legal and social environment as well to refute some of the company's apprehensions about possible abuses of...
Testamentary succession
Brousilová, Gabriela ; Thöndel, Alexandr (advisor) ; Elischer, David (referee)
Resume This thesis deals with the topic of inheritance. With the effect of the new Civil Code from January 1, 2014, the inheritance law and the subject of the testament have become highly discussed matters. This is the result of a legal modification in the Civil Code. It has become more detailed, based on the legal regulation of the ABGB and inspired by the Civil codes of other European countries. After the introductory word, the thesis begins with general principles and principles spanning across the entire inheritance law. The next chapter presents the preconditions for inheritance under the effective Civil Code. For comparison purposes, the fourth chapter briefly describes other inheritance titles known by the Civil Code, namely the inheritance agreement and legal succession. The fifth chapter then mentions the basic functions and principles of the testament. The following chapter deals with the history of the testament and its gradual development over time, as it is one of the two oldest titles. Starting with Roman law, and continuing with Medieval adaptation, ABGB, the government bill from 1937, Civil Code No. 141/1950 Coll. and finally, Civil Code No. 40/1964 Coll. The core of the work is in the seventh chapter, which discusses in detail testament stated in the Civil Code No. 89/2012 Coll. In...
Selected Issues of Condominium
Koreňová, Lucie ; Thöndel, Alexandr (advisor) ; Dvořák, Jan (referee)
Selected Issues of Condominium Abstract This work deals with selected issues related to the condominium in the civil code (the act No. 89/2012 Coll.) and related legislation, especially with those whose interpretation is controversial. Initially the thesis analyzes the question whether the civil code has brought any changes to conception of the institute of the condominium, mainly with respect to its subject which in Czech legal environment traditionally consists of an apartment on one side and of common areas on the other. Subsequently the thesis analyzes a new conception of the unit as the essential term of the institute of the condominium, and this conception is compared with the previous regulation contained in the Flat Ownership Act. The next part of the thesis is devoted to common areas which are specified in two legal acts since 2014, namely in the Civil code and in the Government order No. 366/2013 Coll., on the regulation of certain issues related to the condominium. Except for the mere specification of common areas, this part of the work analyzes the question whether the enactment of common areas contained in Government order is mandatory or non-mandatory. The next part of the thesis is focused on some issues in the legislation of the owner of the building declaration which the Civil code newly...
Acquisition of property from an unauthorised person
Kratochvílová, Kateřina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
130 English Abstract This diploma thesis deals with the issue of acquisition of property from an unauthorised person. Such a possibility deprives the owner of legal protection of his/her ownership rights in favour of protection of good faith of the acquirer, who thus can acquire ownership even though the transferor is a neither an owner nor authorised for any other reason to dispose with the property. The new Civil Code which entered into force on 1 January 2014 introduces new rules governing such situations, while differing significantly from the previous legislation. Legislation which was in effect until 1 January 2014 was inadequate, in particular due to dichotomy between Civil Code and Commercial Code. Another significant deficiency represented the lack of possibility of acquisition of immovable property registered in the cadastral register from an unauthorised person. Material publicity applied only to a limited extent and did not provide sufficient protection to persons who trusted that the rights recorded in the cadastral register also objectively existed. The diploma thesis is divided into six chapters and analyses the institute of acquisition of property from an unauthorised person in its broader context. The first chapter describes ownership right and manners of its acquisition as well as the...
Surrogate Motherhood - Comparison of the Legislation in the Czech Republic and the Federal Republic of Germany
Kratochvílová, Johana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The main subject of this master thesis is the issue of surrogacy in the Czech Republic and the Federal Republic of Germany. At the beginning, this thesis aspires to define the term surrogacy in general as well as other connected terminology, and subsequently to specify its categories and describe its major historic milestones. Afterwards, it deals with the rather brief Czech legislation concerning this institute and the consequences this has inevitably led to. It also concentrates on the methods of the assisted reproduction which help to put the surrogate motherhood into practice. This thesis does include ethical problems of surrogacy and some of the psychological and sociological aspects as well. Consequently, it summarizes sanctions which may arose as a result of surrogacy. After that, it explains the legislation related to this issue in the Federal Republic of Germany, its history and legal limits. It deals with the German sanctions which the realization as well as mere arrangement may be subjected to. It examines the standpoint of the German legislator regarding the right of a child to know his or her origin including its consequences, such as non-anonymous sperm donation and obligation of the legal parents to undergo a DNA test. It describes most recent demands of the society regarding the new...
Direct representation in civil law - general remarks
Kříž, Josef ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 DIRECT REPRESENTATION IN CIVIL LAW - GENERAL REMARKS Abstract The subject of this theses are general remarks to direct representation as a historical and fundamental institute of private (substantive) law. The thesis is therefore devoted to the interpretation of general provisions of the Civil Code concerning direct representation (contained in Sections 436 to 440). These fundamental issues include, in particular, the nature of the direct representation, as an institute, and the authority to represent, as the power of one person to act for another. Furthermore, the author of this work concerns the distinction between different types of direct representation, the distinction between legal relationship between agent and principal concerning representation and the other potential legal relationship that may exist between those two, and the requirement to prove authority to represent to a third party. An extensive part of the thesis is devoted to the scope of the agent's authority to represent the principal and the consequences of acting without a such authority. This part includes issues related to acting with a conflict of interests, the personal acting of the agent and requirement of collective action of several agents. The aim of this thesis is to interpret relevant legal provisions consistently and at...
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...
Matrimonial property and obligations of the spouse
Večeřová, Anežka ; Frintová, Dita (advisor) ; Thöndel, Alexandr (referee)
Matrimonial property and obligations of the spouse This thesis analyses regulation of matrimonial property with an emphasis on its administration, scope and settlement. The main focus of this thesis is to analyse actual statutory regulation in context of actual case law of Czech Supreme Court, with special focus on institute of invalidity of juridical act, disputes in matters of administration and scope of matrimonial property as well as on intertemporality issue in matrimonial property law. Subject of this thesis is related to current development of Czech Supreme Court case law. Aside from introduction and conclusion, the thesis consists of five main chapters. In second chapter, the term and concept of matrimonial property in context of current statutory regulation and regulation of Civil Code 40/1964. Coll. is defined. Third chapter analyses matrimonial property regimes - statutory regime, contractual regime and regime established by a court decision with focus on detailed specification of scope in the statutory regime, with legislative proposal de lege ferenda. Final part of this chapter gives attention to disputes about the scope of matrimonial property with focus on immovables. Central as well as the most comprehensive part of the thesis is in the fourth chapter - administration of matrimonial...

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