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Public policy as a corrective to autonomy of will in private law
Bútora, Michal ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
1 Public policy as a corrective to autonomy of will in private law Abstract The thesis deals with public policy and its role in private law. Public policy, as one of the correctives of the principle of autonomy of the will, is intended to protect the fundamental and basic interests of the state and society by limiting the absolute freedom of any arrangement of private law relations. The objective of this work is to create a comprehensive text that would provide a complete and objective study of this corrective. The thesis is divided into five basic chapters and a conclusion. Public policy in private law acts as a corrective to the principle of autonomy of the will, and this principle, together with its ideological basis, was introduced in the first part of the thesis. Then, the concept of public policy could be introduced in part three. The basic notion of what public policy should be, the understanding of public policy in its national and international contexts is discussed, but also the distinction of public policy with respect to the public interest or the distinction with regard to the corrective of good morals is also discussed in this part of the thesis. The fourth part of the thesis no longer focuses on the theory behind the notion of public policy, but examines public policy in the current legal...
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Fideicommissum
Dandová, Veronika ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Fideicommissum This diploma thesis deals with the institution of fideicommissum, which was reintroduced into the current legal regulation of inheritance law by Act No. 89/2012 Coll., Civil Code, and which significantly strengthened the principle of the testator's freedom of acquisition compared to the previous legal regulation. The first chapter is devoted to inheritance law, in particular it focuses on the explanation of the prerequisites of inheritance and the basic principles that are necessary for proper analysis and understanding of the institution of fideicommissum, as well as its placement in the system of inheritance law in the Czech Republic. The second chapter of this thesis deals with the historical development of the institution of fiduciary succession, from its very beginnings, which can be found already in the Roman law institution of legacy and fideicommissa, through its regulation contained in the General Civil Code and the Government Proposal of 1937, which were the main inspiration for the creation of the current Civil Code. The last part of this chapter discusses the Civil Code of 1950 and 1964, focusing in particular on the reasons why fiduciary succession did not develop during that period, and eventually the adoption of the legislation in force is discussed. The third and...
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Lease of the business premises
Danielová, Magdalena ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Lease of the Business Premises The aim of the thesis is to analyse the legal regulation of a lease of the business premises, as it is currently contained in the Act No. 89/2012 Coll., the Civil Code (Civil Code). With the date of effectiveness of the Civil Code on 1 January 2014 numerous amendments were introduced in the area of a business lease. The previous legal regulation was contained in particular in the Act No.116/1990 Coll., on the lease and sublease of non-residential premises, as a special legal regulation to the Act No. 40/1964 Coll., the Civil Code. With regard to the transitional provisions of the Civil Code which regulate the application of its provisions on a lease of non-residential premises established before the effectiveness of the Civil Code, the thesis also includes the comparison of the both mentioned regulations. The thesis is divided into six chapters. The first chapter contains a historical excursion into the period from the end of the WWII to the end of 2013, and it focuses on the legal regulations relevant for the non-residential premises, especially the above-mentioned the Act No. 116/1990 Coll. In the second chapter the term of a business lease is analysed, its aspects, including the comparison with the preceding term "non-residential premises" and emphasizing the...
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Termination of travel contract due to force majeure
Juřinová, Sára ; Frinta, Ondřej (referee)
The subject of the thesis is the termination of travel contract due to unavoidable and extraordinary circumstances. The term of unavoidable and extraordinary circumstance is not legally defined in the Czech Civil Code. Therefore, the thesis analyses this concept in the light of the case law of several European countries and compares the term substantively with the liberation ground under art. 2913 par. 2 of the Civil Code. In the following sections, the thesis discusses the meaning of unavoidable and extraordinary circumstances for the right of the contracting parties to withdraw from the travel contract free of charge, defining the various conditions under which the right can be exercised. The thesis also covers the meaning of unavoidable and extraordinary circumstances for the subsequent impossibility of performance.
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Protection of personal data in the decision-making practice of the Office for Personal Data Protection
Lipanová, Kateřina ; Frinta, Ondřej (advisor) ; Salač, Josef (referee) ; Bajura, Jan (referee)
Protection of personal data in the decision-making practice of the Office for Personal Data Protection Abstract This work is devoted to the right to personal data protection, which is constitutionally protected in the Czech Republic. According to Article 10, paragraph 3 of the Charter of Fundamental Rights and Freedoms, which is part of the constitutional order of the Czech Republic, "Everyone has the right to protection against unauthorized collection, disclosure or other misuse of personal data". The right to personal data protection responds flexibly to global socio-technological developments, which reflects not only the European regulation of the right to personal data protection, but also the case law of European courts and the decision-making practice of individual European data protection authorities. The dissertation is divided into four separate parts (chapters), which are thematically related to personal data protection. The first chapter deals with the international and European development of the right to personal data protection and the development of the right to personal data protection in the Czech Republic. The second chapter contains the definition of basic terms and principles of personal data protection, the knowledge of which is essential for understanding this issue. The third chapter...
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Legal regulation of ski safety
Janků, Ladislav Jack ; Frinta, Ondřej (advisor) ; Salač, Josef (referee) ; Psutka, Jindřich (referee)
Legal regulation of ski safety Abstract The work provides an insight into Italian and Czech ski law with an emphasis on the safety of ski areas and the practice of winter sports on snow, especially in their recreational form. In its first part, the study clearly maps the evolution of Italian legislation on the safety of winter sports with an emphasis on skiing from the 1960s to the present day. Special attention is paid to the current legislation after its extensive amendment (D.Lgs. 40/2021), bringing significant changes, effective from 1/1/2022. The study also focuses on the decision-making practice of Italian courts, presents recent doctrinal insights, outlines possible solutions and possibilities of harmonization of ski law in EU countries. The first chapter of this part is dedicated to the history of the Italian special legislation, mapping its development up to the current regulation, valid until the end of 2021. In addition, it logically describes the relevant, currently valid general regulation. It also includes a description of the origin of the FIS Rules, as a globally recognized code of conduct for skiers, which was created precisely in Italy, which underlines the importance of this skiing country in the international context. The second chapter is devoted to the new special regulation of winter...
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The child at risk in Private and Public Law
Hanuš, Daniel ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Psutka, Jindřich (referee)
The child at risk in Private and Public Law Abstract This dissertation thesis deals with the issue of the child at risk in private and public law. The aim is to define the historical, theoretical, content, and practical level of the term "child at risk" and related concepts in a variety of disciplinary insights, as they are embedded in private and public law in the Czech Republic in interrelated contexts and meanings. In addition, this thesis also presents particular findings in the light of the discussed disciplines. Furthermore, the content is focused on the definition of related professional interdisciplinary contexts and their legal embedding in substantive and procedural law. The methodological context of the professional legal approach to the examination of the chosen issue is not left out either. The theory of the child at risk, including basic categories, is also presented including the context of selected specific legal branches and their framework of legal protection provided to the minor persons. This thesis also reflects particular life situations in which the child may experience a risk, and identifies how these situations are reflected in the content of the Czech legal system (private and public law), international law and jurisprudence. The analysis, presentation and possible evaluation of de...
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Foster care and foster care for a temporary period (comparison of institutes)
Matuszczyková, Klára ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Foster care and foster care for a temporary period (comparison of institutes) Abstract The thesis focuses on the institutes of foster care and describes their different aspects It analyses the differences between the institutes as well as the specific features of foster care carried out by close relatives. The thesis is divided into five chapters. The first chapter describes both institutes from a theoretical point of view and explains their historical development. The second part deals with the human rights aspect, which focuses on principles like the best interests of the child and the right to family life. In particular, how they can be applied in foster care. The different approaches are interpreted in the context of the decisions of the European Court of Human Rights and the Constitutional Court of the Czech Republic. The second chapter is devoted to all those involved. This is the part of the thesis in which the differences of entities depending on the type of care are revealed. The second chapter focuses on all stakeholders in foster care. The thesis discusses temporary foster parents and foster parents, including foster parents of kinship, and their differences in terms of training and entitlements. The chapter also includes an analysis of the terms transitional and crisis fostering. Socio-legal...
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Liability of minors for debs - comparation with FRG
Dietschová, Sofie ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Liability of minors for debs - comparation with FRG Abstract: The diploma thesis is devoted to the topic of liability of minors for debts in the Czech Republic and in the Federal Republic of Germany. The thesis focuses on debts arising from legal acts of minors and on the legal institution of limitation of the liability of minors. This institution was adopted into the Czech legislation last year and its inspiration comes from the German legislation. The thesis is divided into three parts. Each part is further divided into chapters and sections. Each part of the thesis, with the exception of the first part, uses both analytical and comparative method. The first part of the thesis summarises, in relation to the both the German and Czech legal regulation, the main reasons for the adoption of the institution of limitation of the liability of minors and the prevailing opinions in the expert discussion leading to its adoption. The first chapter of the second and third parts is devoted to an analysis of the applicable legal regulation in the Federal Republic of Germany, the second chapter of the said parts contains an analysis of the legal regulation in the Czech Republic. The third chapter of the second and third parts of the thesis deals with a comparison of the German and Czech legal regulation. The aim of this...
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Liability of minors and their legal representatives for debts
Ungrová, Barbora ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Liability of minors and their legal representatives for debts Abstract The thesis deals with the issue of so-called child debts, i.e. situations when a minor who is not fully capable of fulfilling his obligations is on the side of the debtor. The aim of this thesis is to identify the theoretical reasons and practical implications of the origin and existence of child debts and, ultimately, to provide an answer to the question whether the recently adopted Act No. 192/2021 Coll. has contributed or may in the future contribute to the reduction of the excessive level of debt among minors. The first part of the thesis is devoted to the domestic conception of minors' legal capacity, including the definition and clarification of the idea that accompanies the whole thesis and the whole legislation under study, namely the child's right to participation and respect for his best interests. Following this, the historical development of the regulation of the legal conduct of minors in Roman law and in our territory is outlined to provide context. The main part of the thesis consists of an analysis of the different types of child debts, according to the reasons of their creation, whereby it is also outlined how a given type of child debt could be eliminated or whether this has already been done. The present work describes...
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