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Unjust Enrichment under English and Czech Law
Škvareková, Gabriela ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 ABSTRACT UNJUST ENRICHMENT UNDER ENGLISH AND CZECH LAW The topic of presented thesis is "Unjust Enrichment under English and Czech Law". It aims to provide a comprehensive analysis and comparison of legal rules governing unjust enrichment in English and Czech law. The thesis is systematically divided into four principal chapters which are further subdivided. The first chapter presents an introduction to unjust enrichment. It provides a brief historical overview and a description of legal nature of unjust enrichment. It also aims to bring a basic comparison of the common law system and the civil law system to which English law and Czech law belong. Unjust enrichment on the European level is analysed in the second chapter. Two chosen soft law instruments of the European private law are presented here, namely Draft Common Frame of Reference and Principles of European Law of Unjust Enrichment, which set forth non-binding rules for the functioning of unjust enrichment. The third chapter is focused on the English law of unjust enrichment. It primarily brings the analysis of the requirements of unjust enrichment under English law. These requirements, which are based on the case law of the English courts, are as follows: (1) benefit, (2) at the claimant's expense, (3) unjust factor, and (4) lack of defence....
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Representation
Křížová, Adéla ; Dvořák, Jan (advisor) ; Elischer, David (referee)
REPRESENTATION The thesis is focused on the institute of representation in general. It provides an explanation of basic attributes of representation and it's resolution methods. Given the scope of the thesis it was not possible to cover discourse about all forms of representation and therefore it is mainly focused on direct representation in substantive law. The work is based on current regulation contained in Law No. 89/2012 Coll., The Civil Code and it highlights the most significant changes which has occurred since the date of effectiveness of this Code in regulation of representation. It also refers to consequences of these changes and contentious issues which arise with the application of individual provisions. This work deals with contractual and statutory representation including representation of an entrepreneur and representation of legal entities, briefly describes representation in family law. There is also an elaborated issue of guardianship that has been affected by significant changes. It refers to guardian council and guardianship of legal entities that are newly adjusted in Czech legal order. There is also included characterization of preliminary declaration, supported decision making, representation by the member of the household.
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The Principle of Equality in French Family Law with regard to various forms of cohabitation
Braune, Lukáš ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The aim of the diploma thesis is to evaluate various forms of living in couple in French legal system with regards to the principle of equality. The choice of France is not random considering the fact that French lawmaker has been regulating this field since late 1990's. The thesis centres on different aspects of living in couple that differ from each other and contribute to their unique identities. In addition, the thesis assesses the issue whether the French model could be a suitable inspiration to Czech lawmakers. This topical subject is influenced by sociology and therefore there must be taken into account homosexuality as a social phenomenon and evolution of its acceptance in French society. This thesis is divided into 6 chapters. The opening chapter discusses fundamental institution of family law, which is family itself, from historical and social perspectives. The second chapter focuses on long-lasting effort of French deputies and non-governmental organizations to adopt legal regulation for same-sex couples. The third chapter describes Civil Solidarity Act and cohabitation. Civil Solidarity Act, commonly known as PACS, is a form of civil union between to adults concluded in order to organise their joint life. Provisions regarding PACS were amended in 2006. Cohabitation reffers to unmarried...
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The Trust Funds
Hollmann, Jakub ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Summary: I chose the topic of my master's thesis considering the recency of the subject according to the recodification of private law. Legal institute of trust has been in Czech lands since 19th century and nowadays it experiences it's controversial return. Although the recent legal form of trust is defended by authors of the new Civil Code, experts criticise it roughly and there are ongoing negotiations about abrogation of the legal institute or about its amendment. This thesis is composed of ten thematic chapters. After the introduction I explain the origin of the legal institute of trust in Roman law, specifically in the form of fideikomis and its development. As the legal form results from The Civil Code of Québec highly influenced by the legal institute of trust, I focus on the legal institute of trust in common-law countries in the third chapter. I also dedicate one chapter to The Civil Code of Québec, as it was the main source of inspiration for Czech legislators. For a period of absence of the legal regulation of the trust in Czech law, according to the Hague Convention it was possible to create foreign trusts on the territory of the Czech Republic. For that reason I discuss the legal regulation of trusts abroad in chapter five. Sixth and seventh chapter is dedicated to the regulation of trust in...
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The limitation of ownership right with a special focus on neighbours' rights
Kejvalová, Petra ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
This study provides on the beginning list of possible limitation of property rights from the perspective od private law. The focus of this study is one of these limitations, so-called neighbours'rights. The aim od this study is to bring to readers a detailed examination of the so-called neighbours'rights in the current legislation in Act. No. 40/1964 Coll, The Civil Code and in Act. No. 89/2012 Coll, The Civil Code, which has become effective to 1st January 2014. In the framework of these thesis is to desribe the progress of neighbours'rights in our legal system, as well as compared neighbours'rights in the legislation of The Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland. This study analyzes possible limitations and interventions in property rights of neighbours, such as nuisance and harassment.
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Lease of an apartment
Mazáčová, Nikola ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
This thesis is specialized in the lease of an apartment as the most frequent way of satisfying of human requirement of housing. The thesis deals with actual legal regulation in view of the last important amendment made by the Act No 132/2011, Coll., relevant practise of courts, especially Supreme Court of Czech Republic, which is absolutely crucial in this field of legislation and last but not least short comparison with legal regulation to be brought by Act 89/2012, Coll., the Civil Code effective as of 1 January 2014. This thesis is divided on the basic part including general aspects of a residential lease, i.e. definitions of the term "apartment", specific categories of apartments, appurtenances and fixtures of apartments and the lease in general, and the special part deals specifically with the residential lease, especially with the rental agreement, the definition of rights and obligations of contracting parties, repairs and modifications of an apartment, termination of the lease, common lease, changes in the rental relationship etc. Anotations to the legal regulation to be brought by new civil code are mentioned during the whole text of the thesis.
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Material change of circumstances and the impossibility of performance within the Czech and Anglo-American legal system
Bříza, Marek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
English abstract Material change of circumstances and the impossibility of performance within the Czech and English legal system Civil law in the Czech Republic is based on a so-called principle pacta sunt servanda which means that parties are bound by the contract and should perform in accordance with it. It may happen, however, that unexpected supervening event substantially change the circumstances after the formation of a contract to the extent that it become impossible to perform the contract or it makes performance for affected party so burdensome that it will lead the party to the economical destruction. Such a change may lead to situations that to hold the affected party to fulfil its promise would be unjust and contrary to morality. Therefore, Czech Civil Code contains few provisions based on which court may terminate the contract or adjust the contract to restore equilibrium of the performance. Thesis focuses on two of those provisions, namely impossibility of performance and impracticability of performance. Thesis describes relevant legal institutes and doctrines, development of case law, analyze past and current Czech Civil Code and compare it with English case law and international and European soft law. After introductory chapter, chapter two describes relevant principles of civil law and...
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Superficies síolo cedit principle
Sita, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis focuses on the "superficies solo cedit" principle, known since the times of the Ancient Rome and further adopted in civil law codexes, and according to which buildings are considered a part of the land on which they are built. The "superficies solo cedit" now becomes - after more than sixty years - a part of Czech law again thanks to the Section 506 of the NCC. This thesis divided into two main sections. The first section deals with historical aspects of the above principle through a timeline. In this section the Author explores the causes of the above principle in the Roman-law, investigates the regulation contained in the in the Austrian ABGB and looks at the efforts to implement the above principle into Czech private law in the period following the First World War. This section also covers the era following the Second World War when the efforts to implement the above principle came to a halt thank to Communist's successful rise to power and subsequent ideological changes resulting in complete abandonment of the above principle in Czech law. The Civil Code from 1964 for example completely lacked the above principle. This has been changed by the adoption of the New Civil Code 2014 ("NCC") which expressly references itself to the tradition of the Austrian ABGB from 1811. The Second...
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Annotated Translation: foreword to Sartre, J.-P.: L'Esquisse d'une théorie des émotions (Arnaud Thomès, Hermann, 2010, pp. 9-28)
Dvořák, Jan ; Duběda, Tomáš (advisor) ; Šotolová, Jovanka (referee)
This bachelor thesis consists of the Czech translation of a part of Arnaud Tomès's foreword to J.-P. Sartre's essay Esquisse d'une théorie des émotions (Sketch for a Theory of the Emotions) and of a theoretic annotation of this translation. The source text was written for a 2010 reprint of Sartre's essay and comprises a thorough analysis of Sartre's conception of emotions based upon E. Husserl's phenomenology. The annotation, which centres on the source text's analysis, the applied translation method and procedures together with encountered translation problems, is based upon an adapted version of Christiane Nord's Model and the Theory of Functional Equivalence as described by Dagmar Knittl. Powered by TCPDF (www.tcpdf.org)
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Proteolytic system of blood flukes of the genus Schistosoma
Bakardjieva, Marina ; Mareš, Michael (advisor) ; Dvořák, Jan (referee)
Blood flukes of the genus Schistosoma are parasitic trematodes causing a disease called schistosomiasis, which afflicts more than 200 million people in the tropics and subtropics. Adult schistosomes live in human blood vessels and feed on blood. Critical nutrients required for growth, development and reproduction of schistosomes are obtained from the major blood protein haemoglobin. Its digestion is mediated by the proteolytic arsenal of the schistosome digestive tract, which includes enzymes with complementary specificity belonging to the classes of cysteine and aspartic proteases, and metalloproteases. Proteolytic enzymes also play an important role in other processes, such as host penetration, tissue migration, immune evasion and modulation of inflammation. Here, serine and cysteine proteases importantly participate. The proteolytic system is essential for the viability of schistosomes and is a current topic of intense research focused on the development of new vaccines and chemotherapeutics for the treatment of schistosomiasis. Powered by TCPDF (www.tcpdf.org)
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