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Purchase Agreement on Transfer of Ownership Right to Real Property
Zvonková, Denisa ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Thesis title: Purchase Agreement on Transfer of Ownership Right to Real Property This thesis deals with the issues related to the transfer of ownership right to a real property by the means of a purchase agreement. The topic of this thesis has been chosen mainly for the reason that the purchase agreement is the main type of contract used, in most of the cases, to meet the housing needs of people. The aim of this thesis is to set out the basic aspects of the above-mentioned legal institute and primarily to identify the problematic situations that may arise during a real property transaction on the basis of the purchase agreement, in terms of applicable legislation. The thesis is structured into sections and is formed by the introduction, six separate sections and the conclusion. The first section is devoted to a brief description of history of purchase agreement and contractual transfer of real property, which is subsequently followed by a summary of applicable legislation regarding the purchase agreement. Section two is concerned with the definition of real property as a legal term and is further divided into subsections, where the specific aspects of individual types of real property, i. e. plot of land, construction, right to build, and unit, are described. The third section describes the two...
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Foster care
Schaeferová, Tereza ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This master's thesis deals with the present legal regulation of foster care as one of the forms of a substitute care. Foster care is a traditional private law institute with public law elements. Its purpose is to ensure substitute care to children whoes parents, or even custodian are not able to care for them because of various reasons. So foster care is a subsidiary to biological parent's care. On the other hand, based on law, foster care has priority over institutional care. Due to the reformation of the substitute care system, foster care went through lots of changes lately. Primarily it was approached to the extensive amendment of Act no. 359/1999 Coll., on the social and legal protection of children and with the effectiveness since the 1st of January the family law regulation has been incorporated to the Act No. 89/2012 Coll., civil code. The aim of this thesis is to provide a complete picture of the present legal regulation of foster care in the Czech Republic due to conducted legislative changes. The introductory part of the thesis focuses on essential characteristics of substitute care for endangered children. To obtain a comprehensive view on the issue of the foster care separate charter is dedicated to the historical development of foster care in the historical periods. Basic legal...
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Settlement of community property of spouses under current legal regulation
Macek, Radomil ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with issues concerning community property of spouses with a special regard to its settlement. The objective of the thesis is to summarize the development of property regimes between spouses starting from community property up to the current legislation, that has been subjected to a detailed analysis and evaluated in the context of the previous regulation as well as other valid legal institutes, which are of matters similiar to those of community property settlement. The first chapter of the general part of the thesis provides a brief summary of previous regulation of matrimonial property regimes and focusing on three principal questions, namely the extent of community property of spouses, the possibility to adjust the extent of community property of spouses and the settlement of community property. The second chapter covers the principal concepts that are relevant to the settlement of community property of spouses. The key part of thesis begins with a summary of fundamental changes, concerning the community property settlement, that were established by the new Civil Code in 2014. The chapter dealing with the extent of community property of spouses first emphasizes the changes of the extent of community property, and then concentrates on the most important ones, that have influence...
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Secondary victims in law: a comparative analysis
Džbánková, Kateřina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Thesis title: Secondary victims in law: a comparative analysis This thesis deals with the secondary victims in the Czech and German law. The aim of the paper is to analyse mentioned issue of the secondary victims, to determine mutual similarities and differences in both jurisdictions and to suggest a possible inspiration from the German law in the future also. The thesis is divided into three parts. The first part focuses on the secondary victims in the Czech Republic. The paper defines the general concept of harm, the secondary victims and their particular groups. The thesis also describes the evolution of their position with the respect to the Czech case law. The main emphasis in this chapter is put on the individual claims of secondary victims, but the paper deals with the claims for non-pecuniary damages and its limits in detail. In this context, the thesis provides a detailed interpretation of § 2959, which grants a compensation to the close persons in case of death or serious bodily injury, and of problematic § 2971 Czech Civil Code, under which the another non-pecuniary damage can be replaced to the wide range of people. The second part deals with the secondary victims in Federal Republic of Germany. Its structure is similar to that in the first chapter. The paper analyses the secondary...
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Registered partnership
Janáková, Barbora ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Thesis title: Registered partnership "his diplom- thesis -ddresses the su je t of registered p-rtnershipF "his theme is urrently very topi -l even though the egistered -rtnership e t w-s -dopted ten ye-rs -goD espe i-lly the rights -nd o lig-tions of registered p-rtners -re widely dis ussedF "his thesis des ri es the pro ess th-t pre eded the in orpor-tion of the institution of registered p-rtnership into the legisl-tion of the gze h epu li F in e the institution of registered p-rtnership is -ssigned to homosexu-lsD this thesis -lso outlines the evolution of the per eption of homosexu-lityF "he m-in p-rt of this thesis is dedi -ted to the urrent legisl-tion of the gze h epu li F sn spite of the f- t th-t the v-st m-jority of so iety toler-tes homosexu-lity -nd now-d-ys homosexu-lity is onsidered -s sexu-l orient-tion whi h is equiv-lent to heterosexu-l orient-tionD it is o vious th-t s-me sex ouples -re still don¡t h-ve the s-me -mount of rights -s ouples heterosexu-lF "he (rst hint of this inequ-lity of registered p-rtners -nd spouses is the f- t th-t -lthough the new ivil ode re odi(es the ivil l-wD it does not in lude the institution of registered p-rtnership whi h is thus regul-ted sep-r-telyF purthermore the rights gu-r-nteed to the registered p-rtners -nd their o lig-tions -re...
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Protection of personality in healthcare
Šrámková, Denisa ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The subject of this thesis is "Protection of personality in health care" which is an important and especially current topic. After the recodifications of relevant legislation - particularly the recent Civil Code (which is built on the natural law concept) - is more focused on the protection of personality and it generally changed perception of harm to personal rights. It is newly called "compensation for personal harm to the natural rights of person" and claims for compensation for damages and recompense of non-pecuniary damages is tied to a single court proceedings. The thesis is divided into four parts. The first part introduces the basic concepts related to personal rights and to certain medical terminology including explanation of the term "lege artis". The second part presents the relevant legislation, both national and international. The third and largest section is devoted to the protection of patient's personality which is defined by the individual rights of patient in health care. It refers to the patient's right to be treated "lege artis" during receiving of health services, patients' right to be informed and provide related informed consent (on which the thesis is particularly focused), medical confidentiality of health workers and issues related to handling the patient's medical...
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Legal regulation of association of residential unit owners and the related practical issues
Hofbauerová, Petra ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Shrnutí v anglickém jazyce: The aim of this thesis is to describe and analyse legal regulation of the association of unit owners and the related practical issues using the comparison of the antecedent effective legal regulation and the current effective legal regulation, to define the deficiencies of the current legal regulation and to propose possible solution. The thesis is divided into eight chapters. The first chapter is introductory and consists of short historical overview and definition of this thesis aim as well. The second chapter describes the legislation which governs the legal regulation of the association of unit owners and devotes to the transitional provisions of the Civil Code and application of the provisions on associations with the necessary modifications. The third chapter focuses on the association of unit owners as legal person, including its formation, incorporation, dissolution and termination. The fourth chapter deals with the articles of the association of unit owners, the primary document of the association of unit owners, the process of its acceptance and change. The fifth chapter pursues the bodies of the association of unit owners - the assembly as the supreme body of the association of unit owners, including the court review of its decision, the governing body and other...
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Superficiary right of building and other possibilities of building on land of another
Lupač, Petr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The topic of this thesis is the superficiary right of building (and other possibilities of building on the land belonging to a third party, though the focus is primarily on the institution of the superficiary right of building). The principle "superficies solo cedit" was reintroduced in Czech legislation when the new Civil Code (Act No. 89/2012, Coll.) came into force. Along with this principle, the institution known as superficiary right of building has also returned to Czech law after a hiatus of more than 50 years. This thesis seeks to provide a comprehensive interpretation of the superficiary right of building, to explain the individual rights and obligations arising from the superficiary right of building, and to compare the institution of superficiary right of building to other possibilities of erecting a building on land which belongs to someone else. The first chapter defines some of the basic concepts which facilitate the explanation of individual issues and the understanding of certain connections in the following chapters. The second chapter describes the history of the superficiary right of building, which has its roots in the times of ancient Rome. This chapter also undertakes a characterization of legal regimes which were previously in force on the territory of todayʼs Czech Republic. Over the...
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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Morongová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Abstract, Keywords The thesis concerns itself with the analysis of Czech legislation currently in effect with respect to the right to know one's origin. Discussed are the contents of this right, the legislation's addressees, Article 7 of the Convention on the Rights of the Child including the reservations to it made by the Czech Republic. The affected Czech regulations and their reforms are also talked about. Attention is also given to the issue of determining one's parentage. The bulk of the thesis is made up of analyzing the issues of assisted reproduction, surrogacy, adoption, anonymized and confidential childbirths, and baby boxes in regard to protecting the right to know one's origin. The thesis aims to critically evaluate current legislation, point out its shortcomings and suggest possible future development as the right to know one's origin isn't currently being given enough attention. Some of the aforementioned institutes aren't set out in law at all, others give preference to the anonymity of the child's biological parents. Adoption has recently seen some positive development with the recodification of the civil law, however even this is an area that leaves a lot to be desired as there still are certain faults and deficiencies of the legislation. Keywords: Right to know one's origin, assisted...
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Trust under Common Law versus the institute of "Svěřenský fond" under the new Czech Civil Code
Horn, Kryštof ; Šustek, Petr (referee) ; Elischer, David (referee)
The purpose of this thesis is to describe the functioning of trust in the common law jurisdictions and its expansion to the civil law countries. It also focuses on the brand new Czech institute "Svěřenský fond" (trust fund) introduced by the new Czech Civil Code and aims to analyse its nature in regard to its trust context. The thesis is composed of three chapters, each of them dealing with different set of "trust" issues. Chapter One is descriptive. It deals with the history of fiduciary relationships in the Roman, medieval, Austro-Hungarian and Czechoslovak law as well as the current statutory provisions governing administration of property of others and trust funds in the Czech Republic. It also addresses a number of current ambiguities that have arisen from the recent re-codification. The Second chapter is comparative. Part One includes introductory remarks concerning comparative law issues. Part Two describes the nature and functions of trust in the common law jurisdictions and explains the trust taxonomy. Parts Three and Four provide an outline of several mixed jurisdictions as well as civil law jurisdictions and maps their approach to trusts. Chapter Three is analytical. First part examines the theoretical discrepancies in the civil law and common law notions of property along with other...
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