National Repository of Grey Literature 39 records found  previous11 - 20nextend  jump to record: Search took 0.01 seconds. 
The legal nature of a trust (legal and comparative analysis)
Urban, Ondřej ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
59 ENGLISH ABSTRACT The purpose of this thesis is an interpretation of English trust law, including historical context and comparative application of the acquired knowledge on the Czech legal institute of "svěřenský fond". A critical assessment of the legal regulations governing "svěřenský fond" is followed by theoretical consideration of its legal nature. The work, except the introduction and conclusion, is divided into four main chapters, with the first chapter dealing with the historical roots of the trust. The reader will become familiar with the Roman fideicomissum, the English legal institute called "use" and its influence on the emergence of the law of equity. She will also learn how use turned into trust and what the economic reasons for such a change were. The second part defines the English trust, describes it and clarifies the three main conditions for its creation under applicable law - the three certainties. Further, it will explain who the settlor, trustee and beneficiary are, along with their rights and obligations. It also focuses on the three main types of trusts. Express trusts, created by an act of the settlor and the resulting and constructive trusts, which are created by decision of the courts. The third chapter concerns itself with the "svěřenský fond", as stipulated by the Czech Civil...
Making juridical acts by legal entities (A theoretical conception)
Šilhavý, Filip ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
Herein presented thesis intends to outline some of the conceptual yet practical issues that arise as of the effect of the new civil code in relation to conceptual changes of legal doctrine of legal persons and its legal acting. In chapter 2 hereof the author briefly illustrates the history and development of legal persons in the continental Europe with a special focus on the theories of legal persons. In the end of the chapter the author analyzes the current concept of the legal persons in the legal system of the Czech Republic. In chapter 3 hereof the author describes the primary principles upon which the concept of legal persons and its legal acting is built. The author also briefly analyzes the term and meaning of legal acting in general. The author further engages in analysis of acting of legal persons and its legal nature in relation to the question of who is the person acting; whether it is a legal act performed by a natural person acting in representation of the legal person or whether it is the legal person who acts on its own. In the final part of the chapter the author analyses the law on acting of legal representatives on behalf of the legal person and outlines the issues arising thereof. In chapter 4 the author describes and analyses particular issues that arise from the effective law....
A Theoretical Conception of Just Satisfaction under Recent Law - Selected Issues
Janeček, Václav ; Beran, Karel (referee) ; Tryzna, Jan (referee)
As it is apparent from its title, the overall aim of this study is to analyse the theoretical conception of just satisfaction. Satisfaction is a type remedy which is being awarded for non-pecuniary loss, i.e. for loss on all rights other than those which a person can own or translate. In this work I look at (1) basic categories of the conception of just satisfaction and (2) on their mutual relation. Then I also ask, (3) when it is possible to award just satisfaction, (4) what kind of non-pecuniary loss a claimant can sue, (5) how it shall be repaired, and finally (6) under what circumstances the award of just satisfaction can bear punitive or preventative function. This study is divided into nine chapters. First I look at linguistic and juristic meaning of the notion satisfaction (chapter 2 and 3). Then, I delve into the system of delictual liability and the role of just satisfaction in this system. Here I also use a comparative method of research. In this system I ask on the relation between negligence and strict liability. In the same, third chapter I look for and analyse basic characteristics of just satisfaction in relation to damages. This brings me to more basic question on the elementary conditions from which the remedy in question and also damages in general can arise. Thus in the fourth, longest...
Due managerial care and diligence as a criterion for the determination of liability (a legal and comparative analysis)
Krtoušová, Lucie ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Diploma thesis - abstract Due managerial care and diligence as a criterion for the determination of liability (a legal and comparative analysis) Lucie Krtoušová The purpose of this thesis is to critically analyse the interpretation of the concept of the due managerial care and diligence and consider the requirements that a director must comply with. The method used in this paper is the comparative analysis. As a basis of the comparative analysis it is chosen the British concept of fiduciary duties and duty of care, skill and diligence which is compared with the Czech concept of the care of a prudent manager. The thesis is composed of five chapters, each of them dealing with different aspects of the concept of the due managerial care and diligence. Chapter One is introductory and defines basic terminology used in the thesis such as the director, the care of a prudent manager, the duty of loyalty, fiduciary duties and the duty of care, skill and diligence. Chapter Two examines the British concept of fiduciary duties. The chapter consists of five parts. Part One focuses on introduction into the system of general duties of directors. Part Two explains the fiduciary position of a director. Part Three and Four address the two aspects of the duty of loyalty, i.e. the duty to act in the interest of the company and...
Abuse of Law in the European and Comparative Context
Fuksová, Lucie ; Beran, Karel (referee) ; Tryzna, Jan (referee)
Prohibition of abuse of law is a general legal principle. It enables judge not to follow wording of certain prohibition of law, if he comes to conclusion that the tax subject abuses law contrary to its purpose. As the result, the respective tax subject is not granted with that right. In the Czech Republic this principle can be found mostly in the area of private law. However it is more controversial in the tax law area, where the principle of abuse of law serves as an instrument for hindering too aggressive tax planning. This thesis deals with the principle from various points of view. After a theoretical introduction it describes evolution of the doctrine in the European law, from where the so callled "two-tier abuse test" was implemented into Czech tax law. Few examples are provided to describe the concept of abuse of law in private law, where this principle forms a subset of conducts contrary to bonos mores. Then the work describes the judicial doctrine of the Supreme Administrative Court in tax matters. Since 2005 the notion of abuse of law has been determined and defined towards other institutes which serve as weapons of Tax Authorities against too aggressive tax planning. These other institutes are sham transactions (dissimulation), tax fraud or even invalidity of the transaction due to non-compliance...
Punitive aspects of damages (legal and comparative analysis)
Janeček, Václav ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Czech courts regularly deal with a question of so-called just satisfaction; particularly, when, on what basis, and how much should be awarded. Just satisfaction, as a form of damages, is primarily compensatory. However, there are some indications that it is perfectly legitimate for law of damages to pursue also another aims than compensation such as prevention or punishment. This view was recently upheld by the Czech Constitutional Court and the Highest Court of the Czech Republic. According to doctrinal approach, it is the domain of punitive or exemplary damages as a specific Anglo-American instrument that covers these two principles (prevention and punishment). Still, the Czech Civil courts consistently refuse to award exemplary damages albeit they do not provide us any sound argumentation. The author of this article suggests it is inaccurate and only partial understanding of exemplary damages that causes the current judicial refusal of them. While focusing on current English and Czech law, the author in his article describes exemplary damages in great detail with respect to their theoretical, conceptual and systematic position. Subsequently, he shows that the negative attitude of the Czech courts is not always appropriate. First, looking at relevant case law, the article characterises what the...
Cause, consideration and the purpose of contract law
Šebeková, Veronika ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
of the Master thesis This Master thesis deals with an institute of the Czech contract law - kauza (causa). The example of kauza (and consideration) illustrate the tendency of legal systems to keep institutes once they have been created, even at the cost of inconsistent changes in their definition, purpose or function. The original meaning of the institutes is continuously blurred which makes it difficult to assess whether their use in the current legal system is substantiated. The main purpose of the thesis is to contribute to a clarification of the real function of kauza in the Czech contract law. Unlike in foreign legal publications, kauza is rather marginalized in Czech legal writings. Authors that deal with the problems of kauza (at least to some extend) often come to mutually exclusive/ inconsistent conclusions. The classical doctrine of causa makes little sense in the consensual concept of contract that seems to be favored in the Czech legal theory. Namely, the requirement of kauza appears to be additional to a requirement of consensus of the parties. Such theoretical discrepancy may be one of the reasons why the meaning of kauza in the Czech law is still unclear. Contract theories facilitate a deeper understanding of contracts, contract law and its particular institutes. However, the Czech...
The duty to prevent damages and its impact in individual legal regimes
Klein, Šimon ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Duty to prevent damage and its effects in particular legal branches Abstract: The purpose of my thesis is to analyse the duty to prevent damage in the context czech of legal system, to prove that prevention is integral to the system of civil liability and examine special consequences of this duty outside the scope of civil law, i.e. in criminal and administrative law. The reason for my research is increasing importance of revention in modern legal discourse. The thesis is composed of six chapters, each of them dealing with different aspects of the principle of prevention and its development. Chapter One is introductory, analyses and defines the phenomenon of prevention in the civil law. The chapter is subdivided into four parts. Part one briefly describes the emphasis on the prevention in civil liability by the law and economics. Part two analyses the principle of neminem laedere and its importance within the principle of prevention. Part three draws conclusions from the preceeding parts and defines the duty to prevent damage in the civil law. Part four then describes who might be the subject of such a duty. Chapter Two examines the development of the principle of prevention within the czech legal system and examples of relevant case law. It is subdivided into four parts, examining succesive civil codes...
Legal and theoretical analysis of the limitation of legal capacity by court
Lukáč, Roman ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
1 Summary The thesis is focused on a specific area of the private law and concerns with questions of legal capacity of natural persons, specifically with the legal conception of acquiring and restricting legal capacity. The main attention is dedicated to task of civil courts in cases of reduction capacity. The first chapter deals with the basic legal terms crucial for this issue - person, legal personality and legal capacity and their mutual relations. On the grounds of interpretation of article 5 of the Charter of Fundamental Rights and Freedoms, we can say, that in our legal order everyone is a person in legal meaning of the word. It means that everyone has a legal personality as an attribute of person and cannot be deprived of it. Legal personality means to be capable of having legal rights and duties and it is a prerequisite to legal capacity, which determines the ability of person to amend (enter into, transfer, etc.) her rights and duties. The thesis shows that on the constitutional level the legal personality and the capacity are two sides of the same coin, while for the private law the separation of these two attributes is typical. The reason for it is based on fact, that while the legal personality arises purely from the nature of a person, the capacity depends on a physical maturity. This is also...
Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...

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