National Repository of Grey Literature 306 records found  beginprevious161 - 170nextend  jump to record: Search took 0.00 seconds. 
Contractual penalty
Kmoníčková, Klára ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Contractual penalty The theme of this thesis is the contractual penalty. The contractual penalty is an ancient institute, a similar legal instrument was already known in Roman Law. In our territory an equivalent of the contractual penalty can be already found in municipal law in the 16th century. The fact that contractual penalty has been used for such a long time illustrates its doubtless importance and its necessity for Law of Obligations. Nowadays contractual penalty still plays an important role and it is frequently used in contracts. The aim of this thesis is to analyse current legal regulation of the contractual penalty in the Czech Republic, including the relevant case-law and literature. The purpose is also to point out the difference in opinions about some particular issues or practical problems. The thesis focuses primarily on amount of the contractual penalty and a discretionary power of a judge to reduce an excessive contractual penalty. The thesis does not forget to deal with other topics relating to the contractual penalty. This thesis consists of 11 Parts, some of these Parts are divided into the Chapters or Points. The thesis summarizes a historical development of the contractual penalty in its first Part. The second Part of the thesis concerns with a systematic classification of...
A gift - transformations over time
Kunstová, Dorota ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Dorota Ryčlová A gift - transformations over time Abstract This thesis is focused on a gift as an object of gift-giving and its purpose is to analyse this institute as completely as possible. Both from historical point of view, as well as from the perspective of actual legislation. Not even the perception of a gift by other sciences like psychology, anthropology, economy or diplomacy will be left aside. One of the introductory chapters is concerned with gift transformating in law from the Code of Hammurabi, over the Roman law and the Middle Ages up to the regulation of the Austro- Hungarian Empire, the First Czechoslovak Republic and both civil codes valid and effective in our territory in the second half of the twentieth century. Naturally, the largest extent is devoted to the conception of a gift in current legislation, especially in the Act No. 89/2012 coll. civil code (hereinafter referred to as the New Civil Code - "NCC"). Not only from the point of view of NCC Stat. §§ 2055-2078, which deals with different forms of the gift itself (and gift-giving and contract of donation respectively), but also from the point of view of other NCC provisions explicitly mentioning gift or gratuitously provided performances. For the needs of distinguishing between a gift stricto sensu and any other similar performances,...
The application of joint physical custody in practice from a perspective of a child's right to care of both parents
Fialová, Markéta ; Frinta, Ondřej (advisor) ; Elischer, David (referee)
The rigorous thesis called The application of joint physical custody in practice from a perspective of a child's right to care of both parents deals with joint physical custody as a form of child custody which fulfills a child's right to care of both parents in the most suitable way. The main goal of this thesis is to define lmits of joint physical custody determined by case law which exclude its appropriateness as well as to evaluate options of operating with parents in order to achieve their own agreement about joint physical custody in order to avoid authoritative court decision. In the introductory chapter the thesis deals with the definition of joint physical custody, its legal basis, social debate following joint physical custody reflecting diverse opinions on it and also with impacts of a parental conflict on joint physical custody. The thesis then deals with the principle of the best interest of a child. It is the most significant principle of family law and as such it is especially necessary to apply it very thoroughly based on the assessment of all circumstances of a particular case. The main part of this thesis is devoted to limits of joint physical custody determined by case law excluding the application of joint physical custody in a particular case based on its inappropriateness. The...
Administration of property of others - trusts
Lederer, Vít ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Rozehnal, Aleš (referee)
1 Administration of property of others - trusts Abstract The main objective of this thesis is to provide a detailed and systematical view of the new regulation of the institution of the trust in the Czech republic using the descriptive, analytical and comparative method. The work is divided into seven parts. Part 1 of this study is focused on defining the concept of the trust and its creation. It deals with its theoretical background and its fundamental constitutive elements. Part 2 describes the founder and his role at the creation of the trust and during its existence. In this part it is also discussed the question of reservation of rights to the appropriated property made by the founder. Part 3 of this thesis is concerned with the of administration of the trust. Primarily, this part focuses on the role of the trustee and his duties towards the trust and to the beneficiary, as well as his duties to third parties. The author also explores the question of an objective and impartial administration of the trust where the founder or the person who is to receive a performance from the trust is also the trustee, as well as the question of appointment and removing the trustee. Part 4 deals with the beneficiary and his right to receive a performance from the trust. It is also concerned with the way of appointing...
Neighbourly disputes
Zítková, Barbara ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Neighbourly disputes Abstract The diploma thesis called Neighbourly disputes analyzes the issue of Neighboring Law, especially from the point of view of Civil Law. Given that the subject is not only concerned with Civil Law, the thesis also investigates Administrative Law and marginally Criminal Law. The purpose of the thesis is to deal with this very heterogeneous problem in a more complex way as it is not only in relation with legal fields, but also with technical and the others. The diploma thesis tries to answer these questions: what does the concept of Neighboring Law mean, what does this field deal with, whom it concerns, where can we find its legislation and which protection is provided by our legal order in case the agreement between the neighbors is not possible. Neighboring Law has a very long history, dating back to the time of ancient Rome. Many legal institutes we know today have emerged back then. Servitude is one example. This thesis also deals with historical legal adaptations, namely with the Austrian Code Civil of the 1811, which became an inspirational source in the creation of the current Czech Civil Code. It also deals with the Czech Civil Code from the 1950 and 1964. The crucial regulation can be found in the Civil Code No. 89/2012 Coll. The current legislation of Neighboring Law is...
Damage caused by information or advice - Czech adaptation, DCFR and PETL
Mladá, Klára ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Damage caused by information or advice - Czech adaptation, DCFR and PETL Abstract This thesis deals with liability for damage caused by administration of incorrect information or harmful advice, which is governed by Section 2950 of Act No. 89/2012 Coll., The Civil Code. At the same time, it deals with its relation to the documents of the European legislative groups, namely the document of the Principles of European Tort Law (PETL), and the Draft Common Frame of Reference (DCFR). The aim of this thesis is to introduce annotated provision, its inclusion in the systematics of the Civil Code and to outline the possibilities and requirements of its application. This goal was also necessary to subject to an examination of the view of PETL and DCFR European documents, which inspired the legislative decision to include the annotated provision in its current form into the Code and even it was an inspiration for the creation of the Civic Code itself. In the context of introducing the annotated provision, it was necessary to develop the individual topics that formed the basis for accountability according to Civil Code in general, in the concrete in relation to the annnotated provision and, finally, in relation to the intentions of the PETL and DCFR European documents. The main subjects are therefore the subjects of...
Mistake in civil law
Havlín, Tomáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
(Mistake in civil law) The submitted diploma thesis deals with the problematic of mistake in civil law as a form of vitiated consent. Pivotal provisions are present in § 583-585 of the act No. 89/2012 Coll., civil law. In the introduction of the thesis we can find general issues of legal action, with more detailed description of will, its characteristics, manifestation of the will and their relation to each other, as these essentials of legal actions are instrumental for the purpose of this thesis. Next chapter focuses on the main issue, mistake as it defines it in two separate ways, that is discrepancy between the genuine will of the acting person and manifestation of the will, secondly as a defect of the will. Main focus of the thesis lies within the latter case, discrepancy between genuine will of the acting person is only mentioned briefly. Afterwards the thesis focuses on different types of mistake as corresponding to the provisions in the act No. 89/2012 Coll., civil law. Special focus is put on the term decisive circumstance, necessity of participation of other party and excusable mistake, as well as extract about the mistake induced by deception. Following chapter is centred around subsidiary circumstance and how to distinguish it from a decisive one. Afterwards the thesis mentions other...
Perspectives of out-of-court settlement of family (civil) disputes in the Czech Republic
Vaňková, Eva ; Elischer, David (advisor) ; Hendrychová, Michaela (referee) ; Spoustová, Ivana (referee)
Perspectives of out-of-court settlement of family (civil) disputes in the Czech Republic Abstract The dissertation thesis focuses on the latest instruments of out-of-court dispute resolution in the Czech Republic. I explain the concept of ADR, which traditionally involves reconciliation, mediation, and arbitration, and I outline other possible methods emerging from innovative approaches to working with families. The dissertation thesis focuses on the right of collaboration (CL/CP method) and complementary and integrative practice in the sphere of private law. I analyze the approaches of the German "Cochem model" promoted by the Office for International Legal Protection of Children, and I present an example of good practice at the District Court in Nový Jičín. I analyze these methods of out-of-court dispute resolution from the point of view of current legislation in the Czech Republic, and I note the influence of international documents on their existence and application in practice. I consider the role of law and lawyers in solving family disputes and, above all, the importance of new legislation of private law in out-of-court dispute resolution. I address the issue of the need for public power to intervene into family life in cases of children at risk due to parental conflict as well as the role of bodies...
Liability for the damage caused by a thing
Kozic, Juraj ; Šustek, Petr (advisor) ; Elischer, David (referee)
The primary subject of this rigorous thesis, as its heading suggests, is the issue of civil liability, namely for the damage caused by the act or the use of a thing. The main aim of this rigorous thesis is to provide its readers with the comprehensive interpretation of the tort liabilities contained in the provisions § 2936 up to § 2938 of the New Civil Code in order for them to have a clear idea, on which cases and under what circumstances these tort liabilities shall apply. There are also examined the problematic parts of the above-mentioned legal provisions, respectively the pitfalls that may occur during their interpretation and application. In my opinion the tort liabilities in question are not used in the practice frequently, which shows also the fact that until today new judicature has not been developed to this relatively new legislation. This is despite the fact that these tort liabilities provide considerable potential for the enforcement of the claims in practice. It is then analyzed in detail regarding each of the above-mentioned tort liabilities, whether it is subjective or objective type of liability. From my point of view all these cases are the objective type of liability, in spite of some diverse opinions of legal doctrine. This conclusion also supports an increased interest in the...
Damage in civil law with respect to the punitive aspects of compensation
Hoblíková, Žaneta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Damage in civil law with respect to the punitive aspects of compensation Abstract: Rigorous thesis deals with damage and its replacement with a focus on the punitive aspects of damages. The work is divided into two parts and contains a total of six chapters, which are further specified in the relevant subchapters. The first part of the thesis is devoted to the damage and its replacement in general. The first chapter defines key words such as harm, material damage and non-material damage as understood by current and past Czech civil law, expert literature, or judicial decisions. The second chapter deals with functions of damages. Chapter three presents the main pillars of compensation in the effective civil code. With regard to conceptual and terminological changes brought by recodification it seeks with help of expert literature and past judicial decisions general assumptions of creation the obligation to pay damages. It further specifies the conditions of the recodifications brought by the novelty, which is the possibility of waiving the right to compensation before the occurrence of damage. It also presents the current concept of preventive clauses and confronts it with earlier legal regulation. A separate subchapter is dedicated to circumstances excluding the illegality. In more detail, it deals...

National Repository of Grey Literature : 306 records found   beginprevious161 - 170nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.