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The application of joint physical custody in practice from a perspective of a child's right to care of both parents
Fialová, Markéta ; Frinta, Ondřej (advisor) ; Elischer, David (referee)
The rigorous thesis called The application of joint physical custody in practice from a perspective of a child's right to care of both parents deals with joint physical custody as a form of child custody which fulfills a child's right to care of both parents in the most suitable way. The main goal of this thesis is to define lmits of joint physical custody determined by case law which exclude its appropriateness as well as to evaluate options of operating with parents in order to achieve their own agreement about joint physical custody in order to avoid authoritative court decision. In the introductory chapter the thesis deals with the definition of joint physical custody, its legal basis, social debate following joint physical custody reflecting diverse opinions on it and also with impacts of a parental conflict on joint physical custody. The thesis then deals with the principle of the best interest of a child. It is the most significant principle of family law and as such it is especially necessary to apply it very thoroughly based on the assessment of all circumstances of a particular case. The main part of this thesis is devoted to limits of joint physical custody determined by case law excluding the application of joint physical custody in a particular case based on its inappropriateness. The...
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Intellectual property rights protection of computer programs, information systems and related services
Kalíšek, Jindřich ; Kříž, Jan (advisor) ; Frinta, Ondřej (referee) ; Pítra, Vladimír (referee)
Ochrana počítačových programů, informačních systémů Jindřich Kalíšek - Disertační práce a příbuzných služeb právem duševního vlastnictví Strana 1 z 3 Intellectual property rights protection of computer programs, information systems and related services Thesis Abstract 1) Dissertation thesis titled Intellectual property rights protection of computer programs, information systems and related services deals with the main legal approaches and their selected alternatives to the legal protection of computer programs, information systems and related software services. 2) The goal of the thesis is to analyse and provide the reader with consistent up-to-date information in particular on the two main forms of legal protection - copyright protection and industrial property protection of computer programs, to concisely describe their development, current status and key legal norms (international, EU and national) and that establish them. 3) The dissertation consists of an introduction, nine chapters and a conclusion. The thesis is divided into four units - introductory explanation, part of copyright law, part of industrial property (IP) law and final comparative part. 4) In the Introduction, the reader will get acquainted with the key concepts and issues elaborated in the thesis, as well as with the basic theoretical...
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Usucaption in the Context of the Civil Law Recodification
Horký, Jakub ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Usucaption in the Context of the Civil Law Recodification This master thesis analyzes the concept of usucaption in the context of the recodification of civil law. Its aim is to describe this institute both in its historical context and in the current legislation. It also aims to compare these codifications with each other and try to resolve some of unclear points of interpretation. Usucaption is a legal concept pursuing harmonization of possession as a de facto state with ownership as a legal status, after a specified period of time expires. It is a traditional civil law concept, however it is still relevant today. The master thesis analyzes significant changes in relation to the concept of usucaption, which were introduced by the Czech Civil Code No. 89/2012 Coll. The thesis begins with an introduction, then it proceeds with four main chapters, which are further subdivided into subchapters, and it ends with a conclusion. In the first chapter, I lay out general definitions which are fundamental to the following analysis, namely, I provide a definition of possession, detention and usucaption itself. The second chapter introduces the historical background, starting with a brief description of the concept of usucaption in Roman law, continuing with the codification of usucaption provided by ABGB and...
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Legal protection of computer programs
Šurina, Štefan ; Kříž, Jan (advisor) ; Frinta, Ondřej (referee) ; Pítra, Vladimír (referee)
1 Abstract (English) Legal protection of computer program The subject of the thesis is the legal protection of computer programs. The thesis provides for various perspectives of legal protection analysis, namely static protection, dynamic changes and perspectives for enforcement. The aim is to summarize the complex view on forms of protection and disposals of computer programs, especially taking into consideration extremely fast technological advances in the latest decades. This view on legal protection is further extended by a short analysis of development of protection and enforcement of rights related to computer programs within the digital environment. It is essential to view the protection of computer programs as a very specific subject of legal relations. Computer programs have emerged just recently and the opinions on their protection still vary. The primary form of protection is the copyright protection. However, computer programs are defined typically by their functional character which is not reflected by standard copyright protection. Legal protection is therefore amended to reflect these aspects via implementation of specific rights based on directives on protection of computer programs. The thesis reflects also judicial advances, especially taking into consideration the shifts in the...
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Protection of Personal Rights in Cyberspace
Sivák, Jakub ; Frinta, Ondřej (referee)
Protection of Personal Rights in Cyberspace Abstract I chose the doctor thesis topic, Personality protection in cyberspace, for several reasons. First of all this topic is close to me as I am interested in protection of personality for couple of years (I have dealt with personality protection in scientific articles, my diploma thesis and protection of personality is also the subject of my dissertation thesis at this university). Secondly, this theme is a very actual issue and there is still space to come with new approach and move the legal science forward. The aim of the thesis is therefore to bring new ideas and approaches on this issue. The thesis introduction deals with important milestones of personal protection. Among them is the Law Code of Hammurabi, the Constitution of the Athenians, the Law of Twelve Plagues, the Edict of Milan, the Magna Carta Libertatum, the Declaration of Independence, the Declaration of the Rights of Man and of the Citizen, the League of Nations, and in Bohemia ABGB or the Press Act. The following parts further define terms as follows: human personality, the protection of personality and the cyber space. This part of the thesis describes, in theory, respective parts of a human person's personality that may be affected by a cybernetic attack. This part is followed by a chapter...
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Post-Divorce Child care in the Czech Republic
Loužecká Beerová, Veronika ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
1 Abstrakt Post-Divorce Child Care in the Czech Republic The rigorous thesis discusses the topic of post-divorce care in the Czech Republik, i.e. the procedure, which results in the arrangement of family relationships between parents and children after their divorce or separation. Through the historical excursion and through the search for the definition of the concept of post-divorce care, essence of the work has to be focused on the divorce itself, because it is not only that the chosen form of divorce (contested divorce and uncontested divorce) fundamentally affects the future family arrangement, at the same time, it is divorce, which is a cause and a consequence of post-divorce care. The main part of the thesis is devoted to the current modification of post- divorce arrangement. The author of the work had to get acquainted not only with the national, European and international laws, but also with other members in this process, since the regulation of the relationship between the parent and the child is not only about a court, but also other institutions such as OSPOD, experts, a wider family ... Post-divorce care can be implemented withinlegal models. In the matter of adjustment to relationships between the parents and the minor, the court is entitled to decide, in accordance with the best interests of...
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Objective arbitrability as the limit of a transnational legal order
Vítek, Michal ; Růžička, Květoslav (advisor) ; Bělohlávek, Alexander (referee) ; Frinta, Ondřej (referee)
ENGLISH ABSTRACT Objective arbitrability as a limit of the transnational legal order In general, the disertation deals with a topic of interaction between the transnational and national law in the area of international trade. Specifically, it attempts to use the concept of objective arbitrability as a limit of the privately-created system of law referred to as lex mercatoria (alternatively "new lex mercatoria"). The reason for the chosen methodology is to come up with the most objective criterion to demark the scope of the application of privately created norms. Despite the wide recognition of the NLM fenomenon among the scholars and even arbitrators, the parties of international trade contracts can not be certain whether (and to what extent) the choice of NLM will be limitating, especially in the face of later recognition and enforcement of their arbital awards. The findings of this dissertation flows from the analysis of transnational norms, decisions of both state courts and arbitration tribunals and the relevant sources of law-theory. Especially important is the description of the concept of lex mercatoria as such and the description of order public, both in national and international/european meaning as it represents the final limit of application of privately-created norms. The conclusion of the...
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The protection of the weaker party in private law
Štroblová, Kristýna ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
The protection of the weaker party in private law The topic of the thesis is "The protection of the weaker party in private law". Protection of the weaker is one of the key principles of the current civil code and one of the fundamental principles on which private law is based. With the efficiency of the new civil code, the principle of protection of the weaker party is reflected in a variety of legal institutions and rules. This work aims to define the meaning and purpose of the principle of protection of the weaker party in private law, its position in the hierarchy of law and to analyze its manifestation in the context of each of the rules and institutions enshrined in the civil code. Due to the fact that in contemporary society it is quite common for the parties to enter into the contractual relationship in the de facto unequal position, it is essential to respond strongly than ever before to this situation and to correct this imbalance with the relevant rights and resources called "the protection of the weaker party". The intention of this work is to evaluate the current level of protection of the weaker party in private law, to compare the existing level protection with the previous one, to unveil any deficiencies, theoretical and practical problems in the adaptation of the individual...
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Legacy in law of succession
Svoboda, Martin ; Frinta, Ondřej (referee)
The present thesis discusses the legislation of an ancient and new-old institute of inheritance law, legacy. Legacy was in the Czech legal environment in the 60's of the last century as a traditional institute of inheritance law, allowing the testator wide opportunities of acquiring his property mortis causa. With the effectiveness of the Civil Code No. 40/1964 Coll., that released its regulation, completely disappeared from the public's legal awareness. The topic of the legacy became recurrent in connection with the recodification of private law, because adoption of Civil Code No. 89/2012 Coll. caused a return of legacy to the Czech law. The specificity of the legacy is its disruption with universal succession, which is otherwise typical for inheritance law. The main objective of the thesis is to acquaint the reader with the legacy and define its position in the legal environment. For the interpretation is chosen a procedure that goes from general to specific, which corresponds to the content layout of the thesis. The first part of the thesis deals with an analysis of the legacy as a whole and its differentiation from classical inheritance as well as from the fideikomis as a command and donation in a case of death, with which it is easily interchangeable. This is followed by a historical...
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Rent and other payments for (using of) residential space in comparison with German and Slovak legislation
Zikmundová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
1 Resumé The topic of this diploma thesis is Rent and Other Payments for (Using of) Residential Space in the current Czech legal regulation and the subsequent comparison with the German and Slovak legislation. The introduction to rent in the Czech Republic, which includes a brief historical development, is followed by a detailed analysis of the provision on rent and other payments for (using of) residential space while a substantial part of the work is concerned with increases in rent. Moreover, the thesis contains an analysis of German and Slovak legislation on rent, focusing on the similarities and differences as compared to Czech legislation. The current Czech Civil Code is based on the principle of private autonomy, but even it has its limits, that are obvious in leases for residential space legislation. The Civil Code contains a number of mandatory standards from which it is not possible to validly derogate to disadvantage of the lessee. However, these special provisions may be applied only in the case that the lease serves to satisfy the lessee's or his household members' housing needs. One of the lessee's principal obligations is to pay the rent, which is negotiated as a fixed amount payed usually per month, but the parties are allowed to arrange another payment period. Furthermore, it is...
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