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Legacy in law of succession
Svoboda, Martin ; Frinta, Ondřej (referee)
The present thesis discusses the legislation of an ancient and new-old institute of inheritance law, legacy. Legacy was in the Czech legal environment in the 60's of the last century as a traditional institute of inheritance law, allowing the testator wide opportunities of acquiring his property mortis causa. With the effectiveness of the Civil Code No. 40/1964 Coll., that released its regulation, completely disappeared from the public's legal awareness. The topic of the legacy became recurrent in connection with the recodification of private law, because adoption of Civil Code No. 89/2012 Coll. caused a return of legacy to the Czech law. The specificity of the legacy is its disruption with universal succession, which is otherwise typical for inheritance law. The main objective of the thesis is to acquaint the reader with the legacy and define its position in the legal environment. For the interpretation is chosen a procedure that goes from general to specific, which corresponds to the content layout of the thesis. The first part of the thesis deals with an analysis of the legacy as a whole and its differentiation from classical inheritance as well as from the fideikomis as a command and donation in a case of death, with which it is easily interchangeable. This is followed by a historical...
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Rent and other payments for (using of) residential space in comparison with German and Slovak legislation
Zikmundová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
1 Resumé The topic of this diploma thesis is Rent and Other Payments for (Using of) Residential Space in the current Czech legal regulation and the subsequent comparison with the German and Slovak legislation. The introduction to rent in the Czech Republic, which includes a brief historical development, is followed by a detailed analysis of the provision on rent and other payments for (using of) residential space while a substantial part of the work is concerned with increases in rent. Moreover, the thesis contains an analysis of German and Slovak legislation on rent, focusing on the similarities and differences as compared to Czech legislation. The current Czech Civil Code is based on the principle of private autonomy, but even it has its limits, that are obvious in leases for residential space legislation. The Civil Code contains a number of mandatory standards from which it is not possible to validly derogate to disadvantage of the lessee. However, these special provisions may be applied only in the case that the lease serves to satisfy the lessee's or his household members' housing needs. One of the lessee's principal obligations is to pay the rent, which is negotiated as a fixed amount payed usually per month, but the parties are allowed to arrange another payment period. Furthermore, it is...
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Relations between parents and children after divorce
Linhartová, Aneta ; Frinta, Ondřej (advisor) ; Salač, Josef (referee)
Relations between parents and children after divorce Abstract The aim of this thesis is to present current legal regulation regarding relations between parents and children after divorce, which is included in the Act No. 89/2012 Coll., Civil Code, as amended, to point out problematic aspects during its practical application and to suggest other possible future solutions for particular issues. The thesis is composed of five chapters. Chapter one deals with divorce. It investigates historical development of its legal regulation, current legal regulation including divorce proceeding, and also some legal consequences of divorce. Part of this chapter concentrates on suggestions de lege ferenda regarding simplification of divorce. Chapter two is concerned with legal regulation of relations between parents and children after divorce in a historical context, from the General Civil Code till nowadays. Chapter three analyses individual aspects of legal regulation of relations between parents and children after divorce. At first it looks at custody of minor children after divorce and its particular forms, i.e. sole, alternating and shared custody. Another part of this chapter deals with regulation of contact of a parent and a minor child. After that the chapter concentrates on alimentary obligation regarding a minor...
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Rights of passengers in air transport
Škorík, Martin ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
75 Resume in English Name of the thesis: Rights of passengers in air transport The thesis deals with the legal regulation regarding the rights of the passenger in air transport, including the general regulation of the concluded contract of carriage and the practical possibilities of a passengers to apply their rights in specific situations. In addition to the legal regulation, a significant part of this work represents the judicature not only of Czech courts, but also of the Court of Justice of the European Union, and to a lesser extent, of German courts. In terms of the thesis, the legal regulation is analyzed and identified (in the rage of contract of carriage also comparised with the German legal order), and its problematic aspects are determined and de lege ferenda are presented possibilities for their solution. The main aim of the thesis is to elaborate the current practical and theoretical themes of "transport law" with emphasis on the person's air transport and then to analyze and systematically include concrete rights of a passenger in individual contexts. The thesis is split into four chapters, divided into other subchapters, whereat the first chapter defines basic terms for "transport law", categorizes the transport itself and defines the legal regulation for national, international and European...
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Acquisition of property from unauthorized person
Talacko, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
In this diploma thesis, I deal with the institute of acquiring from unauthorized person., which is breaking of Roman principle nemo plus iuris ad alium transferre potest quam ipse habet. In English it means, that no one can transfer to someone else more rights, than he has himself. Also, the acquisition form unauthorized person is interfering to the constitutionally guaranteed rigth to own the property. Therefore the legislation must adequatly reflect this fact, but it has not always been so. In diploma thesis I deal mainly with the development of this institute, principles, which are connected with this institute and especially with the analysis and description of current legal regulation. The thesis is divided into four chapters and introduction. The chapters are further divided to subchapters, which deal with the theme in more detail. The work ends with conclusion. In the first chapter, I deal with the general issue of material rights. Then, I deal with the institute of ownership, its constitutional basis, the definition and also the ways, in which the ownership can be acquired. The second chapter is about the historical evolution of acquisition from unauthorized person. I analyze first the period of Roman law, and I emphasize the principle of nemo plus iuris. Than I continue through the...
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Protection of a forced heir and his disinheritance
Vladyková, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance The protection of the forced heir has always been perceived as a clash of the will of the descendant and the principle of family cohesion. The objective of my thesis is to describe legal regulation of the forced heir and institutes related to this issue, i.e. their protection and disinheritance not only from the point of view of the current legal regulation according to the Civil Code No. 89/2012 Coll., but also from the point of view of their historical development. The diploma thesis is structured into four main chapters which are divided into subchapters. The purpose of the first chapter is to familiarize readers with the issue of inheritance law by defining its basic terms, revealing historical development from the time of Roman law through the ABGB General Civil Code to the modern legislation from 1950 and 1964 and taking account of their impact on the current legal system. The second chapter deals with the definition of the term of a forced heir, the determination of the size of the right to a forced share based on the age of the descendant, its determination with the possibility of inclusion and the principle for its payment. Furthermore, there are discussed the ways of protecting the rights of the forced heir. The third chapter deals with...
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Tour
Rosůlek, Jan ; Pohl, Tomáš (advisor) ; Frinta, Ondřej (referee)
Resume The aim of this thesis is to analyse the essential elements of a travel contract according to current legislation and to analyse the rights that a customer is entitled to. The thesis includes not just a comparison between previous legislation and that currently in effect - in some places it also offers a peek at the differences between current legislation and the Directive (EU) 2015/2302 of the European Parliament and of the Council, which is to be transposed into the legal order of the Czech republic by July 1st 2017. The thesis can be divided into four main parts: The first part is an analysis of the essential elements of a travel contract, which are as follows: 1. tour - a pre-prepared package of services related to tourism; this part includes a definition of services this pre-prepared package comprises of, as demonstrated on current case law. The subsequent part concerns itself with the aforementioned Directive (EU) 2015/2302 and the newly established "package travel", which is in many way similar to a travel contract. 2. parties to the agreement - organiser, customer - firstly this part provides a positive and negative private law definition of the term "organiser". Furthermore, the public law requirements an organiser must meet are covered in this part. In the following chapter, the term...
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Protection of Passenger Rights under European Private Law
Mikešová, Veronika ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of this thesis is rights of passengers under European private law. This issue is important for most people, since there is continuous expansion in travelling. Although passengers have quite extensive rights, they are often not aware of what they are entitled to during travelling. Therefore it is necessary to try promoting awareness of passengers about the rights which they have. One of the aims of this thesis is to create a comprehensive overview of rights of passengers in rail, road, water and air transport under European private law and to analyze some of the problematic provisions of the relevant EU regulations. Another aim is to compare regulations of individual modes of transport, in particular with regard to air transport, which seems to be the most widely regulated one, and to find out whether there could be uniform regulation for passenger rights in all modes of transport. In addition to introduction and conclusion, this thesis is divided into five chapters further divided into subchapters, while the first chapter serves rather as the basis for the next chapters and besides the definition of the term "passenger" introduces the sources governing passenger rights along with other non-binding documents created by the European Parliament and the Commision. The second to the fifth...
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Harm to the natural rights of an individual
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Frinta, Ondřej (referee)
Resume 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 protected by law, cannot be complete. In...
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Juridical institute of the guardianship council in the Civil Code of the Czech republic
Barejška, Tomáš ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Juridical institute of the guardianship council in the Civil Code of the Czech Republic The thesis deals with the legal regulations of guardianship council under of the new Czech Civil Code. The Czech legal system has not experienced the institute of guardianship council before, which brings an uncertainty into the interpretation of the respective provisions. The aim of this thesis is to analyse the most important provisions of the legal regulation, demonstrate impact of these provisions in practice, including eventual uncertainties and eventually to suggest a solution of the problematic parts of the regulation. Due to the author's personal membership of a guardianship council is the work enriched by the personal experience from a real existence of the guardianship council. Another part of the thesis is focused on the analysis of the French legislation and legislation of the Canadian province Québec. The Czech Civil Code explanatory report directly admits the inspiration in the above mentioned codices of France and Québec. Analysis and the consecutive comparison of the above mentioned legislation with the Czech one shall bring the interpretative basis for the application of the legal regulation of the guardianship council under of the Czech Civil Code. The main output of this thesis is to...
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