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Liability for the damage
Zoulová, Veronika ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
Anglicky Liability for damage is an inevitable part of private law and is comprised by a majority of legal sectors. The purpose of this thesis is to provide a basic overview, to clarify crucial aspects of civil liability for damage and to draw attention to the most significant application and theoretic problems concerning this area, mainly in relation to the new Civil Code (NCC) and partially to the Principles of European Tort Law (PETL). The introduction of the thesis is dedicated to the very notions of liability and damage, being followed by a chapter defining general questions, such as the difference between tort liability and contractual liability, the principle of prevention, as well as the function of liability for damage per se. The main part of the thesis deals with preconditions of formation of liability for damage, and naturally with the manner and scope of damages. The final part of the thesis comprises a separate chapter related to PETL, which is handled marginally with a focus on preconditions of formation of liability for damage. Specific cases of liability for damage are not regarded, as this thesis is not capable of covering the complete area of liability for damage. The thesis was written according to the legal status by 3rd August 2013.
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Matrimonial Property Law
Francúzová, Adéla ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
The thesis deals with matrimonial property rights. Given the extent of chosen topic, it is focused primarily on the institute of joint property of spouses. Thesis focuses also on institute of joint tenancy of spouses. For extensive complexity brief excursion into family law is included. It is followed by general interpretation to the concept marital property law including historical context. The attention is also paid to solitary term of and origin of common property law of spouses. Crucial of thesis are chapters subject of marital joint property, its termination and settlement of the common property. Neither the concept of management, modification its law regime and acquisition of business share of the limited liability company under the joint property has been omitted. In closing part, chapter regarding joint tenancy is included. The thesis has been completed in accordance with civil code to be effective by 1st of January 2014. Areas, that experienced significant changes as a result of recodification, are analyzed with accordance with new legislation and its potential impact are evaluated.
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Sales contract in private law
Pauly, Jan ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This work is dedicated to the subject of the purchase contract in private law. The concept is therefore very broad, for the depletion of the issue it was necessary to examine the issue from the perspective of various legislations - private as well as public. The purpose of this work is to provide the most comprehensive picture of the institute of purchase contract, which constitutes one of the fundamental pillars of contract law. It also aims to reflect the planned amendment to the civil code, which shall significantly affect the concerned topic.
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Condition to acquire inheritance
Vocetka, Jan ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract This thesis deals with the conditions that need to be fulfilled in order to acquire inheritance. The aim of this thesis is to provide outlook into the matter of the law of succession and thoroughly describe and further analyse individual conditions of hereditary succession, which are legal requirements that needs to be fulfilled in order to acquire inheritance. In this thesis I systematically discuss the law of succession in its general meaning, canons of inheritance, legal sources of the law of succession and also legal institutes including several new ones which are govern in the new civil code. The main part of this thesis analyses individual conditions of hereditary succession. This thesis is composed of four chapters. Chapter one deals with the general meaning of the law of succession and in this chapter I provide introduction to the law of succession and define some fundamental legal terms. In chapter two I describe the canons of inheritance. This chapter is divided into three subchapters where I discuss in my opinion the three leading canons of inheritance. First subchapter deals with the principle of personal autonomy. Second one deals with the principle of universal succession. The third subchapter deals with the principle that the predecessor's possession is transferred by law to his...
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Peptidases of monogeneans of the family Diplozoidae
Jedličková, Lucie ; Mikeš, Libor (advisor) ; Dvořák, Jan (referee)
The blood processing mechanisms in monogeneans of the subclass Polyopisthocotylea are known from ultrastructural and histochemical analyses only. In contrast to other blood- feeding parasites, just few biochemical and molecular analyses have been done on digestive enzymes in monogeneans. Therefore, we focused on the biochemical and molecular characterization of hydrolytic enzymes (peptidases) in the hematophagous species Paradiplozoon bliccae and Eudiplozoon nipponicum. The presence of the cysteine class peptidases, mainly cathepsin L, in excretory- secretory products and soluble protein extracts of P. bliccae and E. nipponicum we found. Detection was carried out using fluorogenic substrates, specific inhibitors and the labelled probe DCG-04. On the gels / membranes after electrophoresis / blotting we detected bands of approximately size of 35 kDa in the case of both species and 24 kDa for E. nipponicum. Soluble protein extracts of worms were separated by 2D gel electrophoresis and relevant spots around 35 kDa (P. bliccae) and around 25 ˗ 35 kDa (E. nipponicum) were confirmed by mass spectrometry as cathepsins L. Using degenerate primers based on the conserved motifs of cysteine class peptidases, a partial sequence of cathepsin L gene from E. nipponicum was obtained. Furthermore, 3'RACE PCR method...
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Inheritance law institutes
Stachová, Monika ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The subject of this diploma thesis is to analyze the basic inheritance law institutes before and after the recodification of private law in the Czech Republic. Considering the forthcoming effect of the Act No. 89/2012 Coll., the New Civil Code which will replace the current Civil Code No. 40/1964 Coll. and which introduces significant changes into the inheritance law, the main aim of the thesis is to provide a comprehensive picture of selected inheritance law institutes in the light of these specific changes, their assessment and outline of the beneficial and problematic areas. The thesis is composed of five main chapters, each of them dealing with a specific area of inheritance law institutes. The introductory chapter of the thesis defines the concept and legal regulation of the inheritance law in the Czech Republic. I also briefly define the basic principles that are crucial for the inheritance law, whereas I emphasize the principle of will autonomy, which is the main principle for the new inheritance law regulation. The second chapter explains the concept of inheritance law institute and outlines also the new concepts of inheritance law. The main goal of the thesis is particularized in the final part of the chapter. Chapter three examines the basic assumptions of hereditary succession; for the...
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Representation
Čermáková, Nikola ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Representation The thesis on the representation is aimed generally on the institute of representation, basic concepts and resolution methods of representation. Given the scope of the thesis is not possible to cover discourse about all forms of representation and therefore is focused on substantive representation, whether contractual, statutory representation and other specific forms, especially human guardianship and guardianship of legal entities or representation of legal entities. In the thesis are included as information on the historical development of the Institute's the representation, especially since the general Civil Code and therefore early 19th century and comparison of current legislation contained in the Civil Code of 1964 and the new Civil Code, effective from 1 January 2014. Raised the major changes that will occur in the near future in the regulation of the representation, as well as outline the basic problems that this adjustment could bring in the practice of law. Is also pointed out to adjust representation in European law, konrkétně the Principles of European Contract Law and the Draft Common Frame of Reference.
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Contractual and non-contractual liability to damages (a comparison with foreign legislation)
Černý, Štěpán ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Contractual and non-contractual liability to damages (a comparison with foreign legislation) In theory tort and contractual liability might seem to draw clear boundaries. The first one arises from breach of contract whereas tort being unrelated to any contractual obligation. However it is known that some legal systems, like the Czech law, do not differentiate between them and do not provide them with different rules. Does it only mean the differentiation is useless in these legal systems or does it suggest that there might be no reasonable grounds for distinction in other legal systems? How do tort and contractual liability differ? Differences have to be weighed when area between tort and contract is considered. They are of significance when it comes to possibility or impossibility of choice in case of concurrence of tort and contract and they are important for liability to third parties of a contract. I researched following legal systems: Czech law, German law, French law, Spanish law and Italian law. In each of them I examined these areas: contractual liability, liability to third party, tort liability, liability for behaviour contrary to bonos mores, and selected elements of tort liability with some remarks to some special rules for contractual liability: wrongfulness, fault, causation, damage and its...
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Residential Lease
Krejčířová, Šárka ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Radvanová, Senta (referee)
The dissertation is focused on the analysis of the institute of residential lease. At the beginning a brief historical progress of the legal regulations of the lease of the apartment is described with the reference to social circumstances which influenced it. Subsequently, attention is paid to the lease agreement as the legal reason for using an apartment. The dissertation deals also with the object of the lease agreement, i.e. with the apartment and its definition in the legal regulations, and also with the subjects of the lease agreement, i.e. with the landlord and the tenant. In the next part the dissertation describes rights and obligations of the contracting parties. A special chapter is dedicated to the rent, as one of the essential requirements of the lease agreement. Also the institutes of the subtenancy, passage of the lease of flat and exchange of the apartments are mentioned. Furthermore, the issue of the termination of the lease is elaborated in detail. The whole dissertation contains also important rulings of the courts and presents changes that will come into effect with new civil code.
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The activity of a notary in relation to the common assets of spouses
Králová, Martina ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
This rigorous thesis deals with the activities of notaries in relation to the common assets of spouses. The theme was chosen because of the profession of the author, who works as a permanent representative of the notary. The purpose of this thesis is not a detailed interpretation of all legal provisions in the common assets of spouses, or to answer any questions that this legal institute initiates. Its aim is to preview the common assets of spouses from the perspective of a notary, who acts in the position of the impartial and independent person, equipped with professional knowledge. The rigorous thesis is divided into six chapters. The first chapter describes the legal regulation of the common assets of spouses. The second explains the basic concepts related to the notary and notary activities, and it also deals with the notarial records of agreements modifying the common assets of spouses. The third chapter deals with probate proceedings in connection with the common assets of spouses. The fourth focuses on the acquisition of real estate property by spouses. In the fifth chapter I describe some of the European legislation of the marital property law. The sixth chapter deals with the amendment of the Civil Code in relation to the common assets of spouses.
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