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The Creation, evolution and course of the International Military tribunal at Nuremberg and the Subsequent Nuremberg trials and its comparison with the theoretical basis and course of the military trials with the personnel of the Concentration camps held in the american occupation zone
Beránek, Jan ; Seltenreich, Radim (advisor) ; Falada, David (referee)
The purpose of this thesis is to compare the Trial of major Nazi war criminals before International Military Tribunal with others trials held in American occupation zone in the Exclusive American jurisdiction (concretely the so called Subsequent Nuremberg trials and the Dachau trials) and to find the similarities between them. The thesis is divided into the six chapters, which are further divided into the subchapters. The first chapter describes the situation during and after the Second World War and the considerations of the Allied powers about the method of the punishment of the Nazi war criminals, which was necessary. The second chapter deals with the creation of the Charter of the International Military Tribunal. This law was created with the joint efforts of the most prominent lawyers from the United States of America, Soviet Union, Great Britain and France. The Charter included new categories of crimes, which were the reaction to the unprecedented extensity of Nazi atrocities. This "Nuremberg charter" helped greatly in the development of the International criminal law. In the second chapter, the reasons for choosing Nuremberg as the location of the trials are also taken in consideration. The third chapter examines the proceedings of the International Military Tribunal. Extra attention is given to the...
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Jus vitae necisque
Codl, Marek ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This thesis deals with the ancient institute of Roman Law, the power of life and death, one of the powers that belonged to the father of Roman family of its members. It is focused on the scope of that power in particular periods of the Roman Empire, conditions under which that power could be used against concrete persons and legal sources dealing with the power of life and death. This thesis also deals with specific expressions of the power of life and death and their changes in the course of the historical periods of the Roman Empire, particular chapters are focused on the period of the Roman Kingdom, the Roman Republic and the Roman Empire. In further context, this thesis deals with the paternal power of the Roman father, that included the power of life and death.
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Position of the king under the Constitutions of Melfi
Frdlíková, Markéta ; Falada, David (advisor) ; Seltenreich, Radim (referee)
The main aim of this diploma thesis is to describe and explain a position of the king under the Constitutions of Melfi, issued by Holy Roman Emperor and King of Sicily Frederick II. of Hohenstaufen. Constitutions were issued in south Italian city Melfi in 1231 and till today it is one of the most important medieval legal monuments. Despite it's significance and connection with another Holy Roman Emperor and Czech king Charles IV. it has never been properly reflected in Czech legal history. Constitution of Melfi were valid and partially effective in the Kingdom of Sicily till 19. century. At the beginning of text, there is held a brief historical introduction into times of Hohenstaufen and life of the Emperor Frederick. Southern Italy was strongly influenced by Norman, Arabic and Byzantine impacts, reflected later in the Constitutions. Another point of the thesis is to describe the process of creation the legal text, involving influences of Roman, Byzantine or Norman law. There are also introduced glossators of Emperor's court, with their leader Petrus de Vinea, who is supposed to be the main author of Constitutions. But the main aim of thesis, above mentioned, is to describe and explain the regulations concerning position of the king and his powers, relating even the theology and philosophy of that...
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Roman Law elements of servitutes in law of chosen european countries
Šejdl, Jan ; Falada, David (referee) ; Bělovský, Petr (referee)
Shrnutí anglické: The work deals with the impact of Roman-law studies of servitudes on selected legal orders of continental Europe, particularly on French and Italian law however in certain aspects also on other middle-European legal orders. Content of the work specializes in general problems of the servitudes in these legal orders, thus in the methods of their basic definitions, their inner classification and systematic categorization within the subject of private law. Powered by TCPDF (www.tcpdf.org)
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Testamentary succession in Roman law and its reflection in Czech law
Viduna, Daniel ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The theme of this rigorous thesis is a "Testamentary succession in Roman law and its reflection in Czech law." The topic I have chosen both because of his interest, since the institute inheritance affects each of us and testament is a tool for the testator to dispose of their property on their own will. Another reason for choosing this theme is a recent recodification of private law. The aim of this work is to evaluate the influence of Roman law on legislation applicable in the territory of the Czech (Czechoslovak) republic since its inception (1918) to the present. This thesis is divided into eight chapters. The first two chapters are general initiation into the issue of inheritance law. The third chapter deals with testamentary succession according to Roman law, while the first is dealing with the succession as such, as well as the issue of acceptance and rejection of heritage and protection of the legitimate heir. The following is a main part aimed directly at testament, on its requirements, forms and also its possible annulment and the possibility of abolishing it. Finally, the chapter discusses the so-called succession against the testament, thus on the rights of the heirs can't be disregarded. Chapters fourth to seventh focus on testamentary inheritance succession in the laws in force on our...
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Call in of the testament and other options in case of death in roman law
Tomanová, Alena ; Skřejpek, Michal (advisor) ; Falada, David (referee)
This rigorous thesis characterises the last will and testament in the event of death in Roman law. The first part of the thesis deals with the testament and alternative acquisitions in the event of death. The first chapter explains the concept of the testament, its types, its forms and the compulsory necessities. The conditions for appointing someone as a heritor, the testamentary capacity, the disinheritance of an offspring and also the invalidity of the testament and its nullification are also defined in this chapter. The second chapter describes the alternative acquisitions in the event of death where we can for instance include legaty, fideicommissum, codicils and donation in the event of death. The second part of the thesis consists of presumptions for the inheritance on the base of the last will, the fundamental principles of the right of the inheritance and the concept of the inheritance. The third chapter illustrates the legal status of the successor and analyse the reversionary heir, the right of acquisition and the legal protection of the heritor and furthermore it deals with the right for recalculation. The last chapter is dedicated to an acquisition of the inheritance by virtue of the testament and legacy and the alienation of the estate and inheritance.
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The concept of legal subjectivity and delictual capacity in Roman Law
Bayer, Tomáš ; Falada, David (advisor) ; Bělovský, Petr (referee)
This dissertation examines legal subjectivity, legal capacity and delictual capacity in Roman law. The first part of the dissertation - legal subjectivity in Roman law - introduces the concept of legal subjectivity of natural persons and legal entities as defined under Roman law. It also presents several topics closely connected with legal subjectivity. Part two - legal capacity of persons in Roman law - describes who was able to act with legal consequences and to create valid obligations for themselves. Part three - delictual capacity in Roman law - analyzes civil torts and basic principles of liability for committing them.
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Principles of activities of Roman officials
Šlosar, Martin ; Skřejpek, Michal (advisor) ; Falada, David (referee)
A principles of activities of the Roman officials The main objective of this thesis is to explain the principles which had formed since from the beginning of the city of Rome. Later, in the republic era, these principles had a great influence on the Roman officials and their activities. These principles also helped to form a large part of the Roman constitutional legal system This thesis describes the period of Roman kingdom and republic and principally deals with the way how the principles affected not only on the officials, but also on the Roman state and law. The first chapter focuses on the mysterious ancient culture called the Etruscans and establishment of the city of Rome. The Etruscans were very advanced culture. They stood on the beginning of the roman civilization and they inflicted its future progress in many areas of living, especially in the state administration. The second chapter devotes to the development of the Roman state administration in the early republic. In this chapter we can find a description and characterization of the Roman offices and the assistants of the officials. The third and final chapter describes the main limits, which affects all activities of the Roman republican officials. The officials were bound with many rules. Some of them had a form of the law published by the...
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Legal regulation of the finding under Roman law
Štětinová, Veronika ; Skřejpek, Michal (advisor) ; Falada, David (referee)
The purpose of this thesis is to analyze the issue of the finding under Roman law, as one of the ways of acquiring ownership to a thing. The beginning is dedicated to the description of some specifics of Roman ownership, to its subject and to the ways of acquiring the ownership law at general. The thesis focuses on three main areas - occupation, acquiring the ownership to the abandoned things and the finding of a treasure. Occupation (occupatio) is a way of acquiring the ownership of the nobody's thing via its seizure. The thesis enumerates and describes each category of nobody's things. Attention is payed to the occupation of discovered movables, to the occupation of animals, immovables and to the seizure of things that belong to the enemy. Each of these categories of things has its specifics and it is very important to separate occupation from other ways of acquiring. The next issue is acquiring the ownership to the abandoned things (res derelictae). One have to differentiate between the period of classic Roman law and between the later law from the time of the emperor Justinian. The status of abandoned things in the classical era is not clear, as well as the method for obtaining their ownership. In the time of the codification of the emperor Justinian is the acquiring of abandoned things certainly more...
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Comparison of criminal and civil trial in ancient Rome
Kusala, Svätopluk ; Skřejpek, Michal (advisor) ; Falada, David (referee)
Mgr. Ing. Svätopluk Kusala: Comparison of criminal and civil trial in ancient Rome (Rigorous thesis) / Mgr. Ing. Svätopluk Kusala - Charles University in Prague. Faculty of Law, Department of History of Law - Supervisor: Prof. JUDr. Michal Skřejpek, DrSc., Degree of Qualification: Doctor (JUDr.). Prague: FP, UK, 2014, 126 p. The objective of this thesis is comparison of civil and criminal trial in ancient Rome. Thesis is divided into five chapters. The first chapter characterizes the proceedings in case of legis actio and comicial trial. Subsequently, the common characteristics as well as differences are identified. The second chapter analyses the course of per formulas proceedings in private trial and activity of juries (quaestiones perpetuae). Common characteristics and differences between civil and criminal proceedings are described as well. The third chapter features analysis of extraordinary proceedings (cognitio extra ordinem) emerging during the Emperor era, when two trial types for criminal and private law from previous periods got replaced by only one type of trial. Proceeding specifics are explained in terms of civil and criminal trial. The fourth chapter focuses on analyzing the defined procedures in case of applying extrajudicial means, following completions of civil law by roman...
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