National Repository of Grey Literature 302 records found  beginprevious153 - 162nextend  jump to record: Search took 0.00 seconds. 
The legal regulation on the carriage of goods
Slušný, Vladimír ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The present thesis deals with the legal regulation on the carriage of goods. This issue occupies an important role in everyday economic reality. Legal regulation in this field is highly stratified among legal regulations concerning private law, international agreements and partly among legal regulations concerning public law. This thesis mainly covers the regulation contained in the Czech Civil Code and in international conventions. In addition to the introduction and conclusion, this thesis is divided into five chapters, which are further divided, with the exception of the first chapter, into subchapters. The first chapter, which focuses on historical development and mainly on Roman law, is followed by chapters dealing with particular types of contracts which can be the legal cause for the carriage of goods. These include the following: contract for the carriage of goods, forwarding contract and contract for the operation of a means of transport. Firstly, these contracts are characterized and then the elements of such contracts are described, as well as the duties and rights of the contracting parties and questions regarding compensation for damage. The thesis also points out the interpretative problems that occur in the regulation of these contracts. The differences between these types of...
Harm to the natural rights of an individual
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Frinta, Ondřej (referee)
Harm to natural rights of an individual Abstract Findings collected in this rigorosum thesis confirm that functional and sensitive settings of the universal system of private law, which provides the legal protection of values connected naturally with human being against unlawful attacks, is an essential task for every civilized legal environment because the natural values connected with a human are really important. The text suggests that the conception of this legal protective system consisting of three cohesive components, namely the conception of an object of legal protection, civil liability, a list of protective rights), is shaped by findings, which have their origin in legal theory, written laws and case law. At the beginning of this rigorosum thesis I concentrate my attention on the first component of the legal protective system. Due to the elastic range of legal protection exclusively focused on human being as an individual, and as a person of law in the legal sense, it is allowed to try to achieve protection of all natural values of human being, that in the summary create the most personal, the innermost and the most intimate sphere of human being1 . This type of particular values has either a biological or psychological or sociological character. The substantive definition of the interest which is...
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,...
"Svěřenský fond" - institute of intergenerational wealth preservation and succession
Skuhrovec, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
"Svěřenský fond" - institute of intergenerational wealth preservation and succession Abstract Thesis named "Svěřenský fond - institute of intergenerational wealth preservation and succession" is dedicated to describe institution of "svěřenský fond" from the perspective of a potential alternative or addition to a more traditional institutions of inheritance law. The aim of the thesis is to describe primarily its use to a purpose of family wealth preservation and succession. In order to fulfill this goal, the first part of the thesis analyses how fiducie/trust of Quebec made its way into Czech legislation. Main matter being the consequences adoption of a patrimony by appropriation caused. Second part follows historical roots of fiduciary institutes. It finds a persistent need for very similar fiduciary, trust-like institutes throughout history. The goal stays the same, a desire of families to preserve their wealth. Historical analysis, using an evolutionist paradigm, finds similarities between trust, modern fiduciary institutes and "svěřenský fond" which simply cannot be unseen. Based on this findings a hypothesis of a common ancestor is construed. Third part describes a newly acquired construction of trust-like institute, which was unseen in Czech law until 2014. It focuses on a result of transplantation of...
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...
Intellectual property rights protection of computer programs, information systems and related services
Kalíšek, Jindřich ; Kříž, Jan (advisor) ; Frinta, Ondřej (referee) ; Pítra, Vladimír (referee)
Ochrana počítačových programů, informačních systémů Jindřich Kalíšek - Disertační práce a příbuzných služeb právem duševního vlastnictví Strana 1 z 3 Intellectual property rights protection of computer programs, information systems and related services Thesis Abstract 1) Dissertation thesis titled Intellectual property rights protection of computer programs, information systems and related services deals with the main legal approaches and their selected alternatives to the legal protection of computer programs, information systems and related software services. 2) The goal of the thesis is to analyse and provide the reader with consistent up-to-date information in particular on the two main forms of legal protection - copyright protection and industrial property protection of computer programs, to concisely describe their development, current status and key legal norms (international, EU and national) and that establish them. 3) The dissertation consists of an introduction, nine chapters and a conclusion. The thesis is divided into four units - introductory explanation, part of copyright law, part of industrial property (IP) law and final comparative part. 4) In the Introduction, the reader will get acquainted with the key concepts and issues elaborated in the thesis, as well as with the basic theoretical...
Usucaption in the Context of the Civil Law Recodification
Horký, Jakub ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Usucaption in the Context of the Civil Law Recodification This master thesis analyzes the concept of usucaption in the context of the recodification of civil law. Its aim is to describe this institute both in its historical context and in the current legislation. It also aims to compare these codifications with each other and try to resolve some of unclear points of interpretation. Usucaption is a legal concept pursuing harmonization of possession as a de facto state with ownership as a legal status, after a specified period of time expires. It is a traditional civil law concept, however it is still relevant today. The master thesis analyzes significant changes in relation to the concept of usucaption, which were introduced by the Czech Civil Code No. 89/2012 Coll. The thesis begins with an introduction, then it proceeds with four main chapters, which are further subdivided into subchapters, and it ends with a conclusion. In the first chapter, I lay out general definitions which are fundamental to the following analysis, namely, I provide a definition of possession, detention and usucaption itself. The second chapter introduces the historical background, starting with a brief description of the concept of usucaption in Roman law, continuing with the codification of usucaption provided by ABGB and...
Legal protection of computer programs
Šurina, Štefan ; Kříž, Jan (advisor) ; Frinta, Ondřej (referee) ; Pítra, Vladimír (referee)
1 Abstract (English) Legal protection of computer program The subject of the thesis is the legal protection of computer programs. The thesis provides for various perspectives of legal protection analysis, namely static protection, dynamic changes and perspectives for enforcement. The aim is to summarize the complex view on forms of protection and disposals of computer programs, especially taking into consideration extremely fast technological advances in the latest decades. This view on legal protection is further extended by a short analysis of development of protection and enforcement of rights related to computer programs within the digital environment. It is essential to view the protection of computer programs as a very specific subject of legal relations. Computer programs have emerged just recently and the opinions on their protection still vary. The primary form of protection is the copyright protection. However, computer programs are defined typically by their functional character which is not reflected by standard copyright protection. Legal protection is therefore amended to reflect these aspects via implementation of specific rights based on directives on protection of computer programs. The thesis reflects also judicial advances, especially taking into consideration the shifts in the...
Protection of Personal Rights in Cyberspace
Sivák, Jakub ; Frinta, Ondřej (referee)
Protection of Personal Rights in Cyberspace Abstract I chose the doctor thesis topic, Personality protection in cyberspace, for several reasons. First of all this topic is close to me as I am interested in protection of personality for couple of years (I have dealt with personality protection in scientific articles, my diploma thesis and protection of personality is also the subject of my dissertation thesis at this university). Secondly, this theme is a very actual issue and there is still space to come with new approach and move the legal science forward. The aim of the thesis is therefore to bring new ideas and approaches on this issue. The thesis introduction deals with important milestones of personal protection. Among them is the Law Code of Hammurabi, the Constitution of the Athenians, the Law of Twelve Plagues, the Edict of Milan, the Magna Carta Libertatum, the Declaration of Independence, the Declaration of the Rights of Man and of the Citizen, the League of Nations, and in Bohemia ABGB or the Press Act. The following parts further define terms as follows: human personality, the protection of personality and the cyber space. This part of the thesis describes, in theory, respective parts of a human person's personality that may be affected by a cybernetic attack. This part is followed by a chapter...
Post-Divorce Child care in the Czech Republic
Loužecká Beerová, Veronika ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
1 Abstrakt Post-Divorce Child Care in the Czech Republic The rigorous thesis discusses the topic of post-divorce care in the Czech Republik, i.e. the procedure, which results in the arrangement of family relationships between parents and children after their divorce or separation. Through the historical excursion and through the search for the definition of the concept of post-divorce care, essence of the work has to be focused on the divorce itself, because it is not only that the chosen form of divorce (contested divorce and uncontested divorce) fundamentally affects the future family arrangement, at the same time, it is divorce, which is a cause and a consequence of post-divorce care. The main part of the thesis is devoted to the current modification of post- divorce arrangement. The author of the work had to get acquainted not only with the national, European and international laws, but also with other members in this process, since the regulation of the relationship between the parent and the child is not only about a court, but also other institutions such as OSPOD, experts, a wider family ... Post-divorce care can be implemented withinlegal models. In the matter of adjustment to relationships between the parents and the minor, the court is entitled to decide, in accordance with the best interests of...

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