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Consent to adoption of minor
Boháčiková, Sabina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
1 Consent to adoption of minor Abstract The diploma thesis deals with current legal regulation of consent to adoption. The thesis is divided into six parts, in which the regulation of consent to adoption in Czech legal system is discussed, with the aim to provide comprehensive explanation of consent to adoption. In the first part, the author deals with the adoption in general. Author explains the basic terms that are key for understanding the issue itself, namely child, child available for adoption, best interest of the child. Author also discusses the requirements to adopt a child and the process of adoption. The author also focusses on international treaties that govern an adoption. The second part deals with the legal regulation of parental consent and mention specific reasons when parental consent for adoption is not required. The consent of parent of the adopted child is also discussed with the regard to the status of parent suffering from a mental disorder, as well as the parent with no capacity to act. Author also discusses the consent of adopted child regarding to participation rights of a child. Finally, the author discusses the consent of adoptive parent's spouse. The third part of the diploma thesis is devoted to the reasons when parental consent to adoption ceases to be effective and...
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Mater incerta est or The right to know one's origin in the Czech legal system
Kufrová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Mater incerta est or The right to know one's origin in the Czech legal system Abstract The thesis deals with the issue of the children's right to know their origins in the context of the Czech legal system, its compliance with the regulation of the children's right to know their origins under Article 7(1) of the Convention on the Rights of the Child and the importance of the children's right to know their origins for the legal protection of the child. The aim of the thesis is to introduce the concept of the children's right to know their origins, to comprehensively analyse the applicable international, European and national legislation and to present the family law institutes most affected by the children's right to know their origins. In addition, this thesis also critically assesses the Czech Republic's reservation to the Convention on the Rights of the Child, which significantly affects the children's right to know their origins, and provides de lege ferenda considerations in the area of the children's right to know their origins. In order to achieve this goal, the thesis first defines the concept of the children's right to know their origins theoretically and then provides an analysis of the legal sources enshrining the children's right to know their origins. The thesis then examines the children's...
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Easement of housing cooperatives
Štybnarová, Linda ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis deals with the easement pursuant to Section 28d of Act No. 42/1992 Coll. and individual institutes and issues related to this easement. The thesis should represent a comprehensive analysis of this legal institute, not only from the theoretical point of view, but also from the point of view of court practice, especially using theoretical interpretation, which is accompanied by case law. The issue of this easement is not given much attention in the current literature, although it is a contemporary and very complicated issue. The thesis is divided into three parts. The first part focuses on the general issues of housing construction and cooperative housing construction. Attention is paid in particular to the issues of cooperative complex housing construction, which involved the construction of extensions and additions on buildings and in buildings owned by third parties. A look at the history will give the reader a picture of the situation in which special cooperative housing construction occurred. The second part of the thesis deals with easements in the current legislation. Attention is paid in particular to servitudes, which in their content and nature correspond to the easement in question. The third part focuses in detail on easements under Section 28d of Act No. 42/1992 Coll. The reader is...
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Right from a defective pe rformance and right to compensation for damage
Císařovský, Adam ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
1 Right from a defective performance and right to compensation for damage Abstract This thesis deals with the interrelation of the institutes of the right from a defective performance and the right to compensation for damage. The institutes of rights from defective performance and the right to compensate for damage caused by the provision of defective performance are both commonly perceived as breaches of obligation, and the literature consistently classifies them under the concept of breach of contract. The aim of this thesis is to analyse the defective performance as a necessary prerequisite for both claims arising from the right from defective performance and the right to compensation for damage. The thesis deals with the relationship of the above-mentioned institutes, which are in the Czech legal environment in the relationship of exclusivity of the right from defective performance to the right to compensation for damage on the basis of the provisions of Section 1925 of the Civil Code, according to which the acquirer of a performance that is defective must claim these defects only through the legal provisions of the right from a defective performance. The thesis then uses analytical, critical, comparative and descriptive research methods. In the first chapter of the thesis, the descriptive method is...
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Limitation of Ownership Rights and Bee Swarm
Peřinka, Jindřich ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Limitation of Ownership Rights and Bee Swarm Abstract This thesis focuses on the Czech legal regulation of bee swarm rights, primarily contained in Act No. 89/2012 Coll., the Civil Code, and its nature in relation to being one of the specific limitations of ownership rights. The author raises the question of whether it is necessary to explicitly address the issue of bee swarms in the Civil Code, considering that it appears to be a highly casuistic provision. The thesis is divided into five parts, with each part further divided into chapters and, if necessary, subchapters. The first part deals with the general concept of limitations of ownership rights, which are divided into conceptual limitations that establish the basic principles of ownership rights restrictions, and limitations based on specific legal regulations, including neighbour rights, traditionally containing rights related to bee swarms. The second part examines the historical development of legal regulation concerning bee swarms, with an emphasis on the roots of this regulation in Roman law, followed by the regulations contained in the General Civil Code of 1811. Subsequently, the regulation of bee swarm rights during the period of the Civil Code of 1950 and the Civil Code of 1964 is examined. The third part focuses on the foreign legal...
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Non-existence as a new institution of Czech law
Truhličková, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
1 Non-existence as a new institution of Czech law Abstract: This thesis deals with non-existence, an institution that has been introduced with the Civil Code 89/2012 Coll. as another consequence of defective legal acts in addition to invalidity. The aim of this thesis is to provide an analysis of the institution of non- existence in a broader context. The thesis is divided into seven chapters, including the introduction and the conclusion. For the purposes of a comprehensive interpretation, a general introduction of legal acts and their associated institutes will also be given. The first three chapters contain an analysis of legal facts and, in particular, legal acts. First, the notion or concept of legal fact is defined (including its historical development), followed by the definition of legal act as well as the conceptual changes to this notion. Subsequently, the conceptual features of a legal act (the will and its expression, the focus on producing legal consequences, and the recognition of the manifestation of will as a legal act) and the essential elements of a legal act (the elements of the subject, the elements of the will, the elements of the expression of will, and the elements of the object of the legal act) are discussed. The interpretation of the conceptual features and essential elements of a...
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Clausula Rebus sic stantibus in contractual relations
Doksanská, Debora ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Clausula Rebus sic stantibus in contractual relations Abstract The main topic of this thesis is mainly the evaluation of the legal regulation of the clausula rebus sic stantibus. Its purpose is a kind of right of the contracting party concerned to provoke negotiations on the content of the obligation and to adjust the relations between the contracting parties, which will help to restore the balance within the contractual relationship. This right of the party concerned is subject to a substantial change of circumstances, i.e. there must be a change of circumstances of such a serious nature as to fundamentally alter the terms of the contractual obligation. There is still a conflict between two directions in the approach to this issue. The first is that it is a fundamental interference with the legal certainty of the parties and with the principle of pacta sunt servanda, and that such an institution should not be part of the legal order because it is essentially against the principles that are the cornerstones of civil law. The second approach is rather positive and welcomes its inclusion in the legal order, the institute thus ensures fairness and equilibrium between the parties in contractual relations and makes it possible to intervene in unforeseeable situations to save the conditions prevailing in the...
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Theory, practice and prospects of foster care in the Czech Republic
Gabrišová, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Theory, practice and prospects of foster care in the Czech Republic Abstract The thesis deals with the issue of foster care, as a traditional private law institute of alternative family care, which has significant public law features. The aim of the thesis is to provide a comprehensive view of the legal regulation of foster care de lege lata not only from a theoretical perspective, but also to point out some practical consequences of the application of the legal regulation in question. Part of the thesis is also devoted to the prospects of regulatory developments of foster care following the upcoming legislative changes in the field of alternative care for children. If, from objective or subjective reasons, the child's parents cannot personally care for the child, the state must ensure a suitable alternative care for such a child. One of these forms of alternative care is foster care, which provides a solution to the lack of personal care for child by his or her parents in an environment that resembles a family as much as possible. That is why foster care holds an irreplaceable position within the system of alternative care for children. First, the thesis provides a brief explanation of the history and development of foster care and its legal regulation in the territory of the Czech Republic, also in view...
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Mašková, Daniela ; Šustek, Petr (advisor) ; Holčapek, Tomáš (referee)
The aim of this thesis is to present the basic aspects related to the refusal of health services by the patient. The thesis deals with the patient's refusal of health services in the context of currently proposed treatments in the present, but also with the refusal of health services in the future in the form of so-called previously expressed wishes. The thesis points out some of the pitfalls that may arise in the case of refusal of health services by the patient and also proposes ways of proceeding in such situations in order to protect the rights of the patient as much as possible, but at the same time not to expose the health service provider to civil or perhaps even criminal liability. Chapter 1 introduces the concept of informed consent and the conditions for giving informed consent. I also focus on the patient's capacity to give informed consent. The assessment and analysis of these criteria is similarly applicable to the valid and effective expression of informed consent. For this reason, informed consent and non-consent are very closely related issues. The second chapter is devoted to informed consent, defining the form of informed consent and presenting cases where the patient cannot validly give informed consent. In the third chapter, I discuss previously expressed wishes, both their...
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Compensation for non-pecuniary damage in case of death
Litvina, Anna ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Compensation for non-pecuniary damage in case of death ABSTRACT The diploma thesis deals with the analysis of institute of compensation for non-pecuniary damage to the secondary victim in the event of the death of the primary victim. The aim of the thesis is to analyse the peculiarities of the functioning of the institute for compensation of non- pecuniary damage in the event of death, to identify the current problems of its development and to propose ways of solving them. The first chapter describes the circumstances and history of the establishment of the institute for compensation for non-pecuniary damage, which dates to ancient times, then sets out the development of the institute through the Middle Ages and the modern era to the present day. The second chapter is about the concept of "non-pecuniary damage", its definition and specifying the types of this damage that exist. It focuses on mental suffering, what role they play in a person's life and what effect their experience has in determining the amount of compensation. Then the institute of compensation for non-pecuniary damage is described within the framework of Anglo-Saxon and Romano-Germanic law. The distinction between primary and secondary victims is also presented. The third chapter is devoted to the development of the institute of...
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