National Repository of Grey Literature 13 records found  1 - 10next  jump to record: Search took 0.01 seconds. 
Modeling legal norms with computer programs
Michálek, Jakub ; Wintr, Jan (advisor) ; Polčák, Radim (referee) ; Cvrček, František (referee)
Modeling legal norms with computer programs Abstract The thesis is about the possibilities how to model programmable parts of law with computer. The goal was to create a working prototype of a computer model of a defined section of law. For this purpose the thesis set down a theory that included an analytical model of a legal system, compilation of the existing approaches in the computer domain focused on expert systems and representation Rules as Code and the factors to consider during the selection of a suitable domain to model. Based on that a custom logical model at the level of grammatical sentences was created, which was then transformed into a computer program. The thesis is concluded with the proposal to incorporate Rules as Code in the context of Czech legal and judicial system. In the theoretical framework the concept of a legal system is defined as a fundamental normative system, which claims itself to be both legitimate and enforceable. The thesis presents a model of legal domain usable for versatile legal systems, which covers phenomena such as collision of legal systems, metanorms, legal pluralism and finding of law by judges. It also describes how the content of law can be captured in a textual representation for modeling purposes in a legal commentary. A logical model of law based on...
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
Methodology of interpretation of multilingual legislation
Fatura, Martin ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Cvrček, František (referee)
Methodology of interpretation of multilingual legislation Abstract The main purpose of this thesis is to analyze selected cases of in- terpretation of the multilingual legislation. Author identifies the basic prin- ciples of interpretation that appear in these cases. They are subsequently used to describe the general procedures of the multilingual interpretation and to solve problems related to it so that the most appropriate meaning of the text could be found. The thesis is divided into four basic parts. The first part is devoted to the historical excursion and description of multilingualism at the territories of the Lands of the Bohemian Crown in the past. The legislation on language law between 1620 and the beginning of the First World War in the lands of the Bohemian Crown is described with the use of historical literature. The second chapter of this part is devoted to the study of the cases of inter- pretation of the historical legal texts by the contemporary courts. The basic case law of the relevant courts of the Czech Republic is summarized and the general prerequisites for the successful interpretation are emphasized. The second part deals with international treaties of public law. Although these texts are not to be supposed legal acts in a formal sense, international treaties between States or with...
The law is the same for all but ignorance of law is no excuse
Černý, Martin ; Cvrček, František (advisor) ; Maršálek, Pavel (referee)
The law is the same for all but ignorance of law is no excuse. Abstract: This work discusses the comprehensibility and accessibility of law by the general public. Its goal is to analyse the barriers that make it difficult for the public to understand law. The instability and bad quality of statutes are identified as the key issues of law-making. The main reason for both of these problems is the motivation of politicians to present themselves as active legislators and gain publicity. The law publication is currently undergoing a transformation in the Czech Republic. This is due to the implementation of the e-Collection and e-Legislation. A great improvement will be achieved by the publication of consolidated texts. A personalized dissemination of legal information could be one of the future steps. The application of law by the Czech judiciary is of a very high standard but suffers from long proceedings. I confronted the theoretical conclusions with available research. I also tested selected government solutions. The Czech Republic is investing in digitalization, but the results are still unsatisfactory due to the poor quality of the services. In the last part of my work I suggested a solution based on the parallel between legal systems and software applications. My proposition is to divide law into three...
Soviet jurisprudence of the second and third decade of the 20th century and its critical assessment
Kolářová, Valeria ; Maršálek, Pavel (advisor) ; Večeřa, Miloš (referee) ; Cvrček, František (referee)
Soviet jurisprudence of the second and third decade of the 20th century and its critical assessment The presented thesis aims to introduce the life and work of three prominent Soviet legal scholars: Pēteris Ivanovich Stuchka, Evgeny Bronislavovich Pashukanis, and Andrey Yanuaryevich Vyshinsky, who has a significant impact on formulating Soviet legal thinking of the second and third decade of the 20th century. The thesis undertakes to present their ideas and legal theories, subject them to critical analysis and evidence that not everyone who serves the law also serves the good. The thesis is divided (except for the introduction and end parts) into three parts, each of which is dedicated to one of the examined scholars. The first part is dedicated to Pēteris Stuchka, the second part to Evgeny Pashukanis and the third part to Andrey Vyshinsky. Each of these parts is then divided into two chapters: a bibliographical chapter and a chapter examining their legal theories and opinions. Each of the bibliographical chapters focuses on the life of P. Stuchka, E. Pashukanis, and A. Vyshinsky, and their scientific and academic careers. Each part of their lives is explored and some myths about their lives rebuked. Even though exploration of their lives may seem as superfluous on the first sight, it is to the...
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
Excessive Regulation, or Chaos?
Cvrček, František
The article deals with two questions: Is there overproduction of law in the Czech legal order? Is the EU the main cause of the overproduction of the modifications in the Czech Republic? Data analysis of the legal corpus shows that answers to both questions are negative.
Law-Related Databases
Novák, František ; Cvrček, František ; Pala, K. ; Rychlý, P.
The Legal Theory Dpt. of the Institute of State and Law has been running and processing databases since 1985. Their primary purpose is the research and analysis of legal texts and legal language. In principle, they involve two projects: CS LEGSYS (the database of legal regulations, judicature and bill justification reports), and PES (Legal Electronic Vocabulary) – the database of doctrinal language (textbooks, comments and laws) complemented by a linguistic module for the analysis of law-related reference publications and their comparison with the general language. All relevant software tools for work with the Legal Electronic Vocabulary have been developed in cooperation with the Informatics Faculty of Masaryk University.
Quo vadis Central Europe? Metamorphoses of Law III
Jermanová, H. ; Cvrček, František
Sborník příspěvků z mezinárodní konference pořádané v rámci cyklu Metamorfózy práva organizované Ústavem státu a práva AV ČR ve spolupráci s Fakultou právnickou ZČU v Plzni. Hlavním tématem konference byla otázka, zda země visegrádské skupiny směřují skutečně k pevné integraci s EU. Jednotlivé příspěvky se soustřeďují okolo určitých témat, jako např. tvorba práva, role ústavních soudů, volební zákonodárství, rekodifikace či právnické vzdělávání.
Production and Modifications of the Primary Legislation in the Countries V4 and the Austria
Cvrček, František
The author deals with a quantitative description of the production and modifications of the primary legislation in the countries V4 and its comparison with the Austria. The methodology is based on the analyze of data from official information systems of the countries above mentioned. It seems, that the countries V4 move in a different direction then the Austria. We can observe the extreme increase in the production of modifications in the countries V4 after 1990. The situation described on the level of simple graphs shows very dangerous trends in the countries V4, which head for the decline of legal orders in these countries.

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