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Guardianship and guardianship council
Tůmová, Adéla ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
[Guardianship and guardianship council] Abstract The topic of this thesis is guardianship and the guardianship council. The aim of the thesis is to examine the legal regulation of guardianship and guardianship councils in the past and also to examine the current legal regulation. This thesis should provide information on where we place guardianship and the guardianship council and what their purpose is and how they function. In this thesis, the Czech legislation on guardianship is partly compared with the French legislation. The first chapter deals with the family and parental responsibility. The rights and obligations that are the content of parental responsibility, who is the bearer and the executor of parental responsibility are listed and defined. And what protective measures exist when a parent does not exercise parental responsibility. The second chapter of this thesis is devoted to a historical excursion from the times of the Roman Empire to the Family Law, describing how guardianship worked and to whom a guardian was appointed at each stage. Roman law provided an important basis for the development of private law, and the law of guardianship was no exception. Later legislation was inspired by Roman law. The third chapter is devoted to the institution of guardianship itself, what are the grounds for...
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Administration of a minor's assets - current issues
Tomková, Kateřina ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Administration of a minor's assets - current issues Abstract The thesis deals with the administration of a minor's assets and the current problem associated with the indebtedness of minor children. The aim of the diploma thesis is to comprehensively analyze the currently valid and effective legislation regarding the administration of a minor's assets, whose changes were contributed by the recent amendment in the form of Act No. 192/2021 Coll. The thesis is divided into four parts. Each of these parts is further divided into individual chapters and sub-chapters that specify it. In the first part, basic terms will be defined, which are the basic building blocks for subsequent interpretation. Initially, the thesis focuses on the definition of basic terms important for better understanding and orientation in the rest of the thesis. Furthermore, the criteria for the administration of a minor's assets are presented, which include the best interest of the child, the care of a proper householder, not taking unreasonable risks and control of the regularity of the administration. Attention is then focused on the persons who can perform the administration of minor's assets, with the greatest extent being paid to the parents, who are most often entrusted with the administration of a minor's assets and who are also...
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Testament
Havlíková, Julie ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Testament The diploma thesis explores a significant aspect of inheritance law testaments as a means of posthumous property disposition. The primary objective is to comprehensively describe and analyse the existing legal framework governing testaments, as stipulated in Act No. 89/2012 Coll., the Civil Code. In contrast to preceding regulations, this current legislation provides a broad spectrum of options empowering the testator to shape the destiny of their estate after death. The examination of testaments and associated legal constructs extends beyond a mere scrutiny of statutory provisions. The study incorporates a jurisprudential perspective, encompassing both contemporary and historical dimensions. The analysis draws insights from commentaries, explanatory reports, professional articles, and diverse literary sources, with a brief exploration of foreign legal paradigms. The first chapter serves as an introduction to inheritance law, elucidating its fundamental principles and contextualizing the traditional tenets of this legal domain. This section also scrutinizes the presumptions underlying inheritance. In the ensuing chapter, the focus shifts to a detailed exploration of testaments, encompassing aspects such as acquisition capacity, error resolution, and testament interpretation. A comparative analysis...
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Air carrier's liability to passengers
Suková, Petra ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Air carrier's liability to passengers Abstract The thesis deals with the civil liability of a carrier towards passengers in air transport. The current legislation is unevenly spread over three levels - international, European and national - with its core being enshrined in the Montreal Convention, the scope of which is extended to all EU carriers by an EU regulation. The thesis analyses the relationship between the different levels of regulation. Particular attention is given to the exclusivity character of the rules contained in the Montreal Convention and the disputed interpretation of the exclusivity rule in legal theory and judicial practice. The author focuses on two main areas of air carrier liability to passengers and identifies problematic aspects of their legal regulation, stemming mainly from the lack of definitions of key terms. The first area is liability in the event of personal injury, where attention is given to the interpretation of the concept of an accident resulting in death or bodily injury to a passenger, and then to the interpretation of the concept of bodily injury, with a focus on the possible inclusion of psychological injury. The second area is the liability of the carrier in the event of delay; here the thesis examines the relationship between parallel regulations at international...
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Trust in the context of inheritance law
Kofroň, Martin ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
127 Trust in the context of inheritance law Abstract The subject matter of this doctoral viva voce dissertation are two fiduciary institutes brought into Czech private law by the new Civil Code effective from January 1, 2014 - i.e. the Trust Fund and the Trust Succession (Fideicommissary Substitution). The dissertation contains an analysis of the legislation in force applicable to both institutes concerned against the background of the historical development of fiduciary relations and a comparison of foreign legislations applicable to trust and fideicommissary substitution. The institute of Trust Succession has returned to Czech law after fifty years. In the case of a trust fund, which mixes elements of property and contractual law, it is the implementation of the traditional Anglo-Saxon legal institute into the Continental legal environment, which in itself brings a number of hermeneutical and application challenges. These challenges are highlighted by the concept chosen by the Czech legislator, which consists in following the Quebec model and constituting a depersonalized property allocated for a certain purpose. The focus of the dissertation is to confront the legislation governing the aforesaid fiduciary institutes with the provisions of the applicable inheritance law, in particular from the point of...
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Surrogacy: key issues of legal regulation
Bauerová, Michaela ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Surrogacy: key issues of legal regulation Abstract This thesis outlines the phenomenon of surrogate motherhood through the prism of applicable law, while analysing the current situation of absenting legal regulation in Czech Republic and comparing various foreign legal regulations as appropriate or less appropriate models to inspire future Czech legislation. The aim of this thesis was to comprehensively introduce the institute of surrogacy as a unique method of assisted reproduction, which, however, brings many risks and challenges in terms of its regulation. The first part of the thesis deals with the terminology, which is used throughout the entire document and contributes to a better understanding of this phenomenon. Additionally, in this part the attention is given to a brief historical evolution of surrogacy resulting in his current form as a modern method of assisted reproduction. The second part is dedicated to comparison of various foreign legislations, namely the liberal legislation in California, the permissive legislation in Ukraine, the altruistic legislation in United Kingdom and the hostile legislation in France are examined. Furthermore, a particular attention is paid to the jurisprudence of the European Court of Human Rights and finally to the current situation of missing regulation in Czech...
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Comparison of Czech and Slovak regulation of legal consequences of the dissolution of marriage
Stolleová, Nela ; Frinta, Ondřej (referee)
Comparison of Czech and Slovak regulation of legal consequences of the dissolution of marriage The topic of the diploma thesis is the legal consequences of the dissolution of marriage. The consequences of the dissolution of marriage are examined in two legal regulations, Czech and Slovak, and at the same time compared. The individual ways of marriage dissolution are discussed on an ongoing basis. The work consists of an introduction, five chapters, which are further divided into subchapters, and a conclusion. The first chapter deals with the concept of marriage, its purpose, functions and obligations, and the rights arising from it. The second chapter deals with the historical development of the legal regulation of the dissolution of marriage. Both in the territory of today's Czech Republic and the territory of today's Slovak Republic, from the 18th century to the current legal status. It is not without interest that while for a long time the two legal regulations were separated from each other, ie they were completely different, a relatively long period of joint legal development followed, so that after the division of the Czechoslovakia the two legal regulations diverged again. Every dissolution of marriage necessarily has certain legal consequences, which differ to some extent precisely...
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Lease of the business premises
Danielová, Magdalena ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Rigorózní práce: Nájem prostoru sloužícího podnikání Mgr. et. Mgr. Magdalena Danielová 19. 6. 2023 Abstract Lease of the Business Premises The aim of the thesis is to analyse the legal regulation of a lease of the business premises, as it is currently contained in the Act No. 89/2012 Coll., the Civil Code (Civil Code). With the date of effectiveness of the Civil Code on 1 January 2014 numerous amendments were introduced in the area of a business lease. The previous legal regulation was contained in particular in the Act No.116/1990 Coll., on the lease and sublease of non-residential premises, as a special legal regulation to the Act No. 40/1964 Coll., the Civil Code. With regard to the transitional provisions of the Civil Code which regulate the application of its provisions on a lease of non-residential premises established before the effectiveness of the Civil Code, the thesis also includes the comparison of the both mentioned regulations. The thesis is divided into seven chapters. The first chapter contains a historical excursion into the period from the end of the WWII to the end of 2013, and it focuses on the legal regulations relevant for the non-residential premises, especially the above-mentioned the Act No. 116/1990 Coll. In the second chapter the term of a business lease is analysed, its aspects,...
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Consensual divorce
Kalabis, Radim ; Frinta, Ondřej (referee)
of the dissertation Title: Consensual Divorce Author. Mgr. Radim Kalabis Supervisor: doc. JUDr. Lila Bronislava Pavelková, Ph.D. Discipline: Law Study programme: Civil Law School: Paneuropean University Department of Private Law The dissertation deals with the issue of consensual divorce. Conceptually, it is divided into a historical part, a comparative part and a practical part, which includes a proposal for the legal regulation of consensual divorce in the Czech Republic, which is the focus of the thesis, with regard to the existing legal regulation in Act No. 89/2012 Coll., the Civil Code, as amended. In the historical part, the thesis deals with the development of matrimonial law with a focus on the legal regulation of divorce, both in ancient Rome and then in selected European states in the various stages of development from the early Middle Ages to the modern era. This period is characterised by a rigid legal system based on canon law. In these periods, the supervision of marriage and the family is in the hands of the Church. The comparative part of the thesis compares the current legal regulation of consensual divorce, again in selected European countries and, of course, in the Czech Republic. The regulations are compared in terms of the difficulty or length of the divorce proceedings,...
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Inheritance contract in Comparative Perspective
Kaucký, Přemysl ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Inheritance contract in Comparative Perspective Abstract The thesis deals with the concept of the inheritance contract in the legal regulation of the Civil Code (Act No. 89/2012 Coll., Civil Code) and foreign legal regulations in the German language area, in particular of Austria. The work is based on the premise that the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch) has been a source of inspiration for some of the provisions that regulate the inheritance contract in the Czech legal system, with a particular focus on the regulation of the limitation of property that can be acquired by an inheritance contract (the so-called free quarter) and other issues related to this provision. Across the work, problematic provisions of the conception of the inheritance contract, which are difficult to interpret based on the text of the law alone, are highlighted. Suggestions de lege ferenda are given, as well as possible interpretative starting points in comparable foreign legislation, especially the Austrian Civil Code. The author assesses in which cases it is possible to take inspiration from foreign legislation and in which cases this is not possible, either because of a different conception of the institution of the inheritance contract or because of different related legislation. The thesis is divided...
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