National Repository of Grey Literature 177 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Surrogacy in case law of the Supreme and Constitutional Court
Kořistka, Jan ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Surrogacy in case law of the Supreme and Constitutional Court Abstract This diploma thesis deals with the phenomenon of surrogacy and places the topic and its aspects into the context of up-to-date social background, legal theory and practice and case law of the Supreme and Constitutional Court. The aim of this thesis is to provide a summary of all available theoretical and practical understanding of the matter, analysis of relevant case law and illustration of both legal and factual issues concerning surrogacy in the Czech republic for the reader to be able to form a comprehensive understanding of the matter, taking into account its interdisciplinarity. Keywords Surrogacy, surrogate motherhood, assisted reproduction, parenthood, best interests of the child, right to family and family life
The concept of carpooling, its development and recent comprehension in judicial practice
Géci, Pavel ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
1 The concept of carpooling, its development and recent comprehension in judicial practice Abstract This thesis focuses on the concept of carpooling, its development and understanding of this concept in commonly spoken and legal language, including the current view of the Czech and European courts. A significant part of the work addresses the legal classification of carpooling. The first part describes the development of carpooling from its inception to the present. In the recent years, carpooling was often associated with the development of modern technology which caused confusion about the exact content of the concept of carpooling. In the second part I analyse carpooling from a linguistic viewpoint, both in terms of commonly used language and from a legal point of view. This also answers the question of whether the content of the concept "carpooling" has possibly changed over time. The third chapter looks at the relationship between carpooling and commercial activity. I try to find out whether any form of carpooling may also have commercial features. I also aim to establish whether there is a certain limit to when an activity can still be considered as carpooling. The fourth chapter discusses the most important case laws in the Czech and European context which deal with the solution of unfair competitive...
Disinheritance and Forced Heir Protection
Blahová, Eliška ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Disinheritance and Forced Heir Protection - abstract Disinheritance is a significant instrument in inheritance law, protecting the testator's autonomy to dispose of their own property. It allows the testator to deprive their descendants of the right to a forced share in the estate, breaking the centuries-old tradition of intergeneration solidarity. The antithesis to disinheritance is the protection of a testator's descendant, i.e. the forced heir, who, under common circumstances, has the right to be provided for by the testator in their mortis causa actions. However, the legislation concerning these matters is often unclear, inconsistent, and imprecise. The aim of this thesis is to point out these problems and explain them to the reader, offer a comprehensive view on the historical development of both disinheritance and forced heir protection, and describe the current substantive and procedural provisions. The first chapter which defines the basic terminology is followed by a chapter on the historical development of disinheritance and forced heir protection in ancient Rome, the Middle Ages but especially in the Austrian Civil Code (ABGB) and the Czechoslovak Civil Codes of 1950 and 1964. The succeeding chapters are focused on the general rules of disinheritance and forced heir protection, primarily the...
Donation mortis causa
Drachovský, Ondřej ; Frinta, Ondřej (referee)
Donation mortis causa Abstract Inheritance law, in its broader concept donation mortis causa falls, is being referred to as the hearth of civil law since it interconnects both proprietary (contractual) and personal (family) aspects. Czech civil law recodification meant significant change of inheritance law legislation, including renaissance of wide range of legal institutions including donation mortis causa. This thesis aims to comprehensively and critically assess legal regulation of donation mortis causa in the Czech Civil Code. The emphasis is primarily put on problematic aspects of this regulation. The submitted thesis endeavours to find answer to the question of practical usability of the donation mortis causa. Its author attempts to provide a reasonable interpretation of provisions of lex lata concerning the subject matter of this thesis. The solution of the most serious legislative problems is proposed within the summary of the submitted text. As for the structure, this diploma thesis is divided into six parts, with each part being split in chapters and sub-chapters. The first part depicts the genesis and further evolution of the legal institution of donation mortis causa. The second part defines the terms fundamental for the thesis. This part also includes the answer to the ancient question, how to...
Legal aspects of artificial intelligence, augumented reality and virtual reality in medicine
Stieranková, Aneta ; Frinta, Ondřej (advisor) ; Salač, Josef (referee)
Title: Legal aspects of artificial intelligence, augmented reality and virtual reality in medicine The thesis deals with selected legal problems that arise in connection with the use of artificial intelligence, virtual and augmented reality in medicine. The introduction defines what these relatively new terms mean and what is their use in the field of medicine. Furthermore, it deals with the legal nature of these technologies, i.e. why are they a thing in legal sense, how they meet the definition of a product, and that under certain conditions they can also be considered medical devices. The next part is devoted to patients' rights and obligations in connection with the use of artificial intelligence and virtual and augmented reality in the provision of health services. In particular, it is stressed that under certain circumstances the health service provider will be obliged to communicate that a particular technology is used in patient care. It also explains why patients today cannot regard the use of these technologies as their right which can be claimed. Finally, patients may refuse the use of these technologies in certain situations. The second major legal problem that is addressed in the context of the use of artificial intelligence, virtual and augmented reality in medicine is the obligation...
Legal Status of Unborn Child and Need of Its Protection in the Light of Biomedical Development
Urminská, Lucie ; Frinta, Ondřej (referee)
Thesis deals with the legal status of an unborn child within current Czech legislation. In the introductory part, the author attempts to clarify the way in which today's society perceives the value of human life before birth. The author looks at the moment of when life begins from different points of view and also observes artificial interferences with the prenatal development of the child, which are the phenomenon accompanying the development in human knowledge and the use of biomedical technologies. In that context, the author analyses position of the European Court of Human Rights to the issue of the beginning of human life through its decisions. The core theme of the thesis is the analysis of the legal status of unborn child in the Czech Republic and of the protection granted by international and national legislation to the unborn child. The author particularly focuses on private law by examining the relevant provisions of the Act No. 89/2012 Coll., the Civil Code, as amended, which determine the legal status of the nasciturus. Among the crucial institutes to which attention is paid belongs legal personality, legal capacity, but also, for example, legal representation of the nasciturus. Further, the rights and the duties of the nasciturus are discussed, giving more detailed attention to the...
Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
Legal regulation of natural persons in the General Civil Code and in the current Civil Code
Stromšík, Jakub ; Kuklík, Jan (advisor) ; Gábriš, Tomáš (referee) ; Frinta, Ondřej (referee)
Legal regulation of natural persons in the Civil Code of Austria and in the current Civil Code of the Czech Republic Abstract This dissertation thesis brings a comprehensive historical perspective on the development of the concept of a person in the legal sense in the territory of the Czech lands. A great part of the thesis deals with the philosophical definition of this term and examines the natural legal bases of this issue. Emphasis is placed on the comparison of the legal regulation of natural persons in the Civil Code of Austria (ABGB) which was enacted in 1811 and the Czech Civil Code from 2012. The authors of the new Civil Code designate as the ideological source of the recodification the draft of the Czechoslovak Civil Code from 1937, which was de facto modern revision of the ABGB, so it is important to take into account the relevant ABGB provisions when interpreting the new Civil Code. It is also important to take into account the historical origins of these provisions, while also examining how their interpretation has evolved over time. In this dissertation thesis there is also quite a large space devoted to the issue of personality protection. Some of the most important provisions of the new Czech Civil Code and the Civil Code of Austria are again compared. Great attention is paid to the...
Discharge of debts of the spouses
Šůsová, Táňa ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Havel, Bohumil (referee)
Discharge of debts of the spouses Abstract Discharge of debts represents, on principle, a new institute, which has been implemented into our law by the Insolvency Act with effect since 1. 1. 2008. However, the lawmakers have only implemented an expressed regulation of the joint discharge of debts of the spouses by the amendment with effect since 1. 1. 2014. In her paper, the authoress has been focused exclusively on the discharge of debts from the perspective of the spouses; therefore, not only the discharge of debts of the spouses as separate debtors but also the spouses as the community of debtors. In her paper, the authoress has been focused on the interpretation of the historical development of the joint discharge of debts of the spouses from the effect of the Insolvency Act, through its amendments up to the current wording thereof, including the illustrations in insolvency proceedings and judicial decisions. In several points, the prepared amendment to the Insolvency Act, which has been debated by the Chamber of Deputies of the Parliament of the Czech Republic, has also been mentioned in several points. In this paper, the authoress has outlined a brief introduction to the discharge of debts as a remedial form of the solution of the bankruptcy of the debtor. She has pointed out the development of the...
Guardianship and other forms of care of minors
Fidrmucová, Anna ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee) ; Spoustová, Ivana (referee)
Guardianship and other forms of care of minors Abstract The objective of this thesis is to analyse the legal possibilities in problematic situations when parents are not capable of caring for their children due to objective or subjective barriers on their sides. These possibilities are enshrined in the second part, Title III., § 928 - § 975 of the Civil Code of the Czech Republic. In order to derive recommendations for the Czech legal system, particularly with regard to the work overload of judges for minors in the Czech Republic, these regulations will subsequently be compared to the legal situation in France which is mainly determined by the Code civil and the Code de l'action sociale et des familles. The comparison namely includes critical juxtapositions of tutorship, curatorship, entrusting a child to the care of another person, foster care and placing a child in the children's home. Hereby, the content, purpose and requirements of the legal bases for these areas in both countries are presented and contrasted. Thus, the differences are highlighted, evaluated and analysed with regard to the effectiveness and the level of protection of rights which is assured in the countries. This thesis is divided into fourteen chapters, starting with the first two chapters covering the topics tutorship and curatorship...

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