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The legal aspects of gender reassignment
Kotková, Petra ; Frinta, Ondřej (referee)
1 ABSTRACT Dissertation on Legal Aspects of Gender Reassignment. Characteristics of the topic, definition of the aim of the thesis and methods. The statement that "Man is born free and is everywhere in chains" is not merely a well known sentence with which the Enlightenment philosopher Jean Jacques Rousseau opened his treatise On the Social Contract, for it reverberates the idea of universal human freedom. Therefore, this quotation can also be applied to the very sensitive issue that is the subject of this work. It has been argued in the literature that the issue of gender reassignment is a reminder that the social categories (male, female) that we encounter in everyday life are not a definitive description of the diversity of society, but a reflection of individual imagination. One cannot but agree with this, although there are other views. The first references to sexual mismatch can be seen in antiquity. Literature suggests that men at this time were characterised by femininity in their behaviour and character. Among the well-known medieval figures, Joan of Arc, who removed her breasts, cut her hair and dressed up as a man, can be mentioned. In these times, no distinction was made between transvestitism and transsexuality. It was not until 1897 that Doctor Howard published a case of a man who fit today's...
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Trust as a legal implant
Benešová, Martina ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
117 Abstract Title: Trust as a legal implant Subject of this thesis is a trust and its implementation in the Czech law. The fundamental question behind this thesis is whether it is possible to successfully implement common law trust in continental legal systems. In recent decades, a number of new legal institutions have appeared in Europe, falling into the category of so-called fiduciaries, which fulfil the functions of a trust. Therefore, it is appropriate to assess how to incorporate this institution into our law so that it does not disrupt the local legal system and at the same time does not lose its elementary attributes. The first chapter is focused on historical forms of trust in Europe, starting with Ancient Rome, through the Middle Ages to modern fiduciary forms in Czech law. The content of the second chapter is focused on a comparison of foreign forms of trust. In the first part, an analysis of the legal regulation of the common law trust and its historical predecessors is processed and a comparison is made with historical European trust forms. Other parts deal with the study and comparison of the current trust structures of some European countries, namely France, Germany and others. The subject of the third chapter is an analysis of the legal regulation of the trust of the Canadian province of...
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Substitude alimony in theory and in practice
Lazurová, Irena ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Substitute maintenance in theory and practice Abstract The author of the present work focuses on a new social security benefit that expanded the state social welfare system starting from 1 July 2021. Substitute maintenance is a blanket benefit intended to cover the costs of maintenance and care of dependent children for whom maintenance responsibilities arising from a court decision have not been properly fulfilled. In addition to presenting a new public-law institute in the context of its historical roots and ways in which it is projected into the valid legal order of the Czech Republic, this work also aims to assess the degree of state interference into the private-law sphere of family rights. The introduction and the first part of the text focus on introducing maintenance responsibilities of parents towards children with an emphasis on the consequences of failure to pay maintenance. The author provides a detailed analysis of the issue of interest accrual on maintenance in court practice. The second part of the text presents the new legislation of substitute maintenance and takes an excursus into the history of the issue. This is followed by an analysis of Slovak legislation in the field. Part four of the text deals with impacts of substitute maintenance on selected legal areas and on the practice of the...
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Termination of the Lease of an Apartment by Notice
Krtička, Daniel ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Termination of the Lease of an Apartment by Notice Abstract The thesis deals with the issue of the notice of lease of an apartment as one of the traditional institutes of lease law. Notice of lease of an apartment is primarily regulated in the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC"), in the special provisions on the lease of an apartment and a house in the section regulating the termination of the lease (Sections 2286 to 2291 CC). Secondarily, however, it is also necessary to rely on other special provisions on the lease of an apartment and a house (e.g. in the case of an inherited lease according to Section 2283 CC) or general provisions on lease (e.g. in the case of notice of lease due to the unusability of the thing for the agreed or usual purpose according to Section 2227 CC). The regulation of the termination of the lease of a cooperative apartment was excluded by the legislator from the Civil Code, as it is contained in the Act No. 90/2012 Coll., on Commercial Companies and Cooperatives (Business Corporations Act). The subject of the thesis is to give a comprehensive overview (including the current judicial decisions) of the legal regulation of the notice of lease of an apartment, both in Czech and German law. The thesis also deals with the issues that may be...
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Substitude alimony in theory and in practice
Lazurová, Irena ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
The author of this paper presents a new social security benefit that will expand the state social welfare system from 1 July 2021. Substitute maintenance is a blanket benefit intended to cover the costs of maintenance and care of dependent children for whom maintenance responsibilities arising from a court decision has not been properly fulfilled. In addition to presenting a new public-law institute in the context of its historical roots and method of projecting it into the valid legal order of the Czech Republic, this paper also aims to assess the degree of state interference into the private-law sphere of family rights. The introduction and first part of the paper focuses on introducing maintenance responsibilities of parents towards children with an emphasis on the consequences of failure to pay maintenance. The author provides a detailed analysis of the issue of interest accrual on maintenance in court practice. The second part of the paper presents the new legislation of substitute maintenance and takes a journey into the history of the issue. This is followed by an analysis of Slovak legislation in the field. The fourth part of the paper deals with impacts of substitute maintenance on selected legal areas and on the practice of the affected entities in exercising public authority. In the...
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Marriage from the point of view of civil and canon law
Procházka, Petr ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 Název práce v anglickém jazyce Marriage from the point of view of civil and canon law Abstract Marriage is an important legal institution that affects a large number of the population. Marriage as we know it today evolved out of church marriage, and it is not only because of this that the two types of marriage that exist side by side with mutual respect for each other today are very similar in many ways. The purpose of this study is to describe and analyse the two types of Marriage, compare them to each other, and make comparisons with a focus on the variations between the two marriages. The objectives and purpose of the study are stated in the Introduction and the success of the objectives in the Conclusion. In the first part (chapters 1 and 2), the author focuses exclusively on civil marriage, from its historical development and legal sources, through the phase preceding the formation of marriage and the wedding ceremony representing the creation of marriage, to its dissolution. A significant part is also dedicated to the procedural aspects of divorce procedure, which represent a completely special type of civil procedure. The second part of the work, consisting of Chapters 3 and 4, deals with marriage under canon law. The content the second part of the study corresponds to the first part of the work,...
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Acquisition of the right of ownership from a non-entitled person
Novák, Matěj ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Acquisition of the right of ownership from a non-entitled person Abstract This thesis deals with the institute of acquisition of the right of ownership from a non- entitled person [acquisition from a non-entitled person]. It is a way of acquiring the right of ownership which represents an exception to the generally applicable Roman law principle "nemo plus iuris ad alium transferre potest, quam ipse habet" - no one can transfer to another more rights than oneself would have. This exception is rationalised by the fact that the acquirer is bona fide regarding the transferor's authority to transfer the ownership. The institute of acquisition from a non-entitled person is then the result of a conflict of values between the original owner and the bona fide acquirer but depending on other circumstances the resolution of this legal issue may differ from case to case. The thesis is divided into four parts, which are further subdivided into chapters and subchapters. The first part presents the theoretical background of the institute of acquisition from a non-entitled person, as it describes the superordinate terms into which it is usually classified or is part of them respectively. In this part, therefore, the rights in rem and the right of ownership are conceptually defined. This part concludes with an analysis of...
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Share pledge in a corporation
Pašek, Dominik ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Share pledge in a corporation Abstract The thesis deals with the share pledge in a corporation. In the beginning I analyse the meaning and purpose of the lien. The following section deals with pledgeability of a share in a corporation. Firstly, I discuss the pledgeability of a share as an intangible movable asset that represents a set of rights and obligations arising from participation in a corporation and, further, the share pledge in each type of corporation, including the association and unit owners' association. The different rules for shares depend on whether they are in a form of a security or not. Subsequently, I deal with the formation of a lien, while focusing on the various titles from which the lien can arise and the question of the moment of creation of the lien. I analyse in detail the creation of a consensual lien, i.e. on the basis of a pledge contract. This is followed by the creation of an ex actu lien on the basis of a court's approval of an agreement of the heirs to divide the estate, and on the basis of a tax administrator's decision pursuant to the Tax Code, where I also provide practical information communicated by the General Financial Directorate. Then I analyse the ex lege lien, and I deduce several options where it could theoretically arise. In the part of the work that I consider...
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Consequences of the Defective Legal Acts in Private Law
Bičovská, Kateřina ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
in English The thesis analyses the consequences of the defective legal acts in the private law, as an issue of interest especially in the light of the new changes to be introduced by the New Civil Code in effect as of 1 January 2014. Above all, the thesis analyses the conception of the "defect" of the legal act, i.e, what constitutes the defect within the terms of the law, in the civil law and in other main private laws, such as commercial law, labour law and family law. Further, the thesis deals with the question by which consequences shall be the said defect penalized. In particular, the introductory part of the thesis contains an analysis of the legal act under the current Civil Code as well as under the New Civil Code. The next in line is review of the consequences of the defective legal acts under Civil Code, Commercial Code, Labour Code, Family Law and New Civil Code. The selected consequences of the defective legal acts under French Civil Code are also covered by the thesis. Finally, the outcomes of the analysis are summarized and interpreted.
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Protection of personality rights
Strejcová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The objective of this thesis is to provide an overview of general part of the protection of personality in the Czech legal system, as well as a detailed analysis of selected aspects of personal rights. The thesis focuses on protection provided by the Act Nr. 89/2012 Sb., Civil Code, and the European Convention on Human Rights. Initial chapters of the general part of the thesis deal with brief introduction to the historical background of personality rights in the Czech legal environment, as well as with the definition of personality and personality rights as such, together with a demonstrative list of values protected by the general right of personality. The subsequent chapter provides an overview of Czech and international sources of law concerning personality protection. Chapter four deals with lawful and unlawful interferences with personality rights. The final chapter of the general part outlines legal means of protection of personal rights available according to the Czech law. The special part of the thesis is dedicated to a deeper analysis of three aspects of protection of personal rights. Chapter six deals with one of the most important personal rights, the right to privacy. This chapter aims to introduce the broad concept of privacy, including case law of the European Court of Human Rights...
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