|
|
Limitation of Ownership Rights and Bee Swarm
Peřinka, Jindřich ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Limitation of Ownership Rights and Bee Swarm Abstract This thesis focuses on the Czech legal regulation of bee swarm rights, primarily contained in Act No. 89/2012 Coll., the Civil Code, and its nature in relation to being one of the specific limitations of ownership rights. The author raises the question of whether it is necessary to explicitly address the issue of bee swarms in the Civil Code, considering that it appears to be a highly casuistic provision. The thesis is divided into five parts, with each part further divided into chapters and, if necessary, subchapters. The first part deals with the general concept of limitations of ownership rights, which are divided into conceptual limitations that establish the basic principles of ownership rights restrictions, and limitations based on specific legal regulations, including neighbour rights, traditionally containing rights related to bee swarms. The second part examines the historical development of legal regulation concerning bee swarms, with an emphasis on the roots of this regulation in Roman law, followed by the regulations contained in the General Civil Code of 1811. Subsequently, the regulation of bee swarm rights during the period of the Civil Code of 1950 and the Civil Code of 1964 is examined. The third part focuses on the foreign legal...
|
|
|
Non-existence as a new institution of Czech law
Truhličková, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
1 Non-existence as a new institution of Czech law Abstract: This thesis deals with non-existence, an institution that has been introduced with the Civil Code 89/2012 Coll. as another consequence of defective legal acts in addition to invalidity. The aim of this thesis is to provide an analysis of the institution of non- existence in a broader context. The thesis is divided into seven chapters, including the introduction and the conclusion. For the purposes of a comprehensive interpretation, a general introduction of legal acts and their associated institutes will also be given. The first three chapters contain an analysis of legal facts and, in particular, legal acts. First, the notion or concept of legal fact is defined (including its historical development), followed by the definition of legal act as well as the conceptual changes to this notion. Subsequently, the conceptual features of a legal act (the will and its expression, the focus on producing legal consequences, and the recognition of the manifestation of will as a legal act) and the essential elements of a legal act (the elements of the subject, the elements of the will, the elements of the expression of will, and the elements of the object of the legal act) are discussed. The interpretation of the conceptual features and essential elements of a...
|
|
|
Clausula Rebus sic stantibus in contractual relations
Doksanská, Debora ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Clausula Rebus sic stantibus in contractual relations Abstract The main topic of this thesis is mainly the evaluation of the legal regulation of the clausula rebus sic stantibus. Its purpose is a kind of right of the contracting party concerned to provoke negotiations on the content of the obligation and to adjust the relations between the contracting parties, which will help to restore the balance within the contractual relationship. This right of the party concerned is subject to a substantial change of circumstances, i.e. there must be a change of circumstances of such a serious nature as to fundamentally alter the terms of the contractual obligation. There is still a conflict between two directions in the approach to this issue. The first is that it is a fundamental interference with the legal certainty of the parties and with the principle of pacta sunt servanda, and that such an institution should not be part of the legal order because it is essentially against the principles that are the cornerstones of civil law. The second approach is rather positive and welcomes its inclusion in the legal order, the institute thus ensures fairness and equilibrium between the parties in contractual relations and makes it possible to intervene in unforeseeable situations to save the conditions prevailing in the...
|
|
|
Theory, practice and prospects of foster care in the Czech Republic
Gabrišová, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Theory, practice and prospects of foster care in the Czech Republic Abstract The thesis deals with the issue of foster care, as a traditional private law institute of alternative family care, which has significant public law features. The aim of the thesis is to provide a comprehensive view of the legal regulation of foster care de lege lata not only from a theoretical perspective, but also to point out some practical consequences of the application of the legal regulation in question. Part of the thesis is also devoted to the prospects of regulatory developments of foster care following the upcoming legislative changes in the field of alternative care for children. If, from objective or subjective reasons, the child's parents cannot personally care for the child, the state must ensure a suitable alternative care for such a child. One of these forms of alternative care is foster care, which provides a solution to the lack of personal care for child by his or her parents in an environment that resembles a family as much as possible. That is why foster care holds an irreplaceable position within the system of alternative care for children. First, the thesis provides a brief explanation of the history and development of foster care and its legal regulation in the territory of the Czech Republic, also in view...
|
|
|
The child at risk in Private and Public Law
Hanuš, Daniel ; Hendrychová, Michaela (referee)
The child at risk in Private and Public Law Abstract This dissertation thesis deals with the issue of the child at risk in private and public law. The aim is to define the historical, theoretical, content, and practical level of the term "child at risk" and related concepts in a variety of disciplinary insights, as they are embedded in private and public law in the Czech Republic in interrelated contexts and meanings. In addition, this thesis also presents particular findings in the light of the discussed disciplines. Furthermore, the content is focused on the definition of related professional interdisciplinary contexts and their legal embedding in substantive and procedural law. The methodological context of the professional legal approach to the examination of the chosen issue is not left out either. The theory of the child at risk, including basic categories, is also presented including the context of selected specific legal branches and their framework of legal protection provided to the minor persons. This thesis also reflects particular life situations in which the child may experience a risk, and identifies how these situations are reflected in the content of the Czech legal system (private and public law), international law and jurisprudence. The analysis, presentation and possible evaluation of de...
|
|
|
Liability of third persons for a child
Hrubá, Veronika ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis deals with the issue of third party liability for a child in Czech private law. Its aim is to analyse the basic legal relationship between parent and child, to define their mutual rights and obligations and to describe the concept of delegation of these to a third party. Particular attention is paid to the liability of third persons in the exercise of the rights and obligations so conferred under Act No. 192/2021 Coll., which amended Act No. 89/2012 Coll., the Civil Code, with effect from 1 July 2021. A separate chapter deals with the liability of third persons for harm, specifying further the liability for harm caused by the child and harm caused to the child. With the help of an analysis of recent case law, the thesis outlines the possibilities of minimising the risk of such liability.
|
|
|
Adjustment of child circumstances after the divorce
Prostředníková, Anna ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Adjustment of child circumstances after the divorce Abstract This diploma thesis focuses on the adjustment of circumstances of children of divorced parents. Structurally, the thesis is segmented into an introduction, 6 chapters and conclusion. In case of content the thesis can be divided into four pivotal categories. The first part provides a general view into the elemental problems of parental liability. The second part focuses on the problem of the adjustment of circumstances of children after the divorce of their parents as such and examines all attributes in detail that the adjustment approaches. Great attention is given to the types of childcare, child-support and the contact of the non-resident parent with the child. The topic of the third part is the analysis of reasons that can be the cause of change of the present conditions. Finally, the fourth section provides a comparison of the current Czech legislation with the one of the Netherlands. Key worlds Parental responsibility, divorce, child, childcare, maintenance obligation, alimony, contact,
|
|
|
Laesio enormis
Jirman, Daniel ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
LAESIO ENORMIS Abstract This diploma thesis is focused on the institute of Laesio enormis, which has been returned to the Czech legal system after many years with the effect of the new Civil Code No. 89/2012 Coll. The importance of laesio enormis has been rising currently, when the market place is controlled by powerful commercial instruments and the prices are uncontrollably rising due to various external influences. Therefore this thesis is focused on the analysis of the institute, which is protecting the injured contracting party, and breaks through one of the bacis principles of the civil contract law, such as the autonomy of the will. The aim of this thesis was also to explain the origin of this institute and its development, that was necessary to observe the development of philosophical thinking in relation to the understanding of fair price, which is absolutely crucial in the aplication of the laesio enormis. For better understanding of the valid regulation of the institute in the Czech legal system, the diploma thesis analyzes the individual sources regulating this institue, which can be found mainly in the surrounding European countries. It was also essential to define laesio enormis in the context of other institutes breaking the principle of the autonomy of the will, such as the protection of...
|
|
|
Dissolution and settlement of co-ownership of immovable property
Dušková, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Dissolution and settlement of co-ownership of immovable property Abstract The thesis aims to interpret and analyse the current legal regulation of the dissolution and settlement of co-ownership with application to immovable property in context of the relevant case law of the Supreme Court. The thesis focuses on the immovable property because the (generally regulated) institution of dissolution and settlement of co-ownership is used in practice mainly in relation to immovable property. Concerning legal grounds which can be applied by law when the co-ownership is being dissolved and settled, the attention is mainly paid to court decision. However, the second legal ground, the agreement on the dissolution and settlement of the co-ownership, which is (following the principle of autonomy of will) the preferred legal basis for the dissolution and settlement of the co-ownership, is not overlooked. Of the various ways of judicial settling the co-ownership, the thesis places the most significant emphasis on the actual division of the immovable property (into two or more separate parts). However, the other ways of judicial settling the co-ownership, namely the division of the immovable property into units, the transfer of the immovable property to one or several co-owners and the ordering of the sale of the immovable...
|
|
|
Divorce in Czech and French legislation
Čechová, Michaela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Divorce in Czech and French legislation Abstract This diploma thesis deals with explanation and comparison of legislation of divorce in the Czech Republic and the French Republic. The main aim of this thesis is to give reader the sense of a system of legal instruments concerning the divorce, which are used on the one hand in the Czech Civil Code ("Občanský zákoník") and on the other hand in the French Civil Code ("Code civil"). The explanation is ended by speculating, which French legal instrument could be potentially introduced and applied in the Czech regulatory environment. The thesis is based on Czech and French specialised literature and legislation. Main legal acts, which were used, are Czech ("Občanský zákoník") and French ("Code civil") Civil Codes. Procedural acts were also used, namely Czech ZŘS, OSŘ and French Code de procédure civile. The thesis is divided into four chapters. First chapter is devoted to brief overview of the historical evolution of the legislation of divorce on the current territory of the Czech Republic and the French Republic. The most important legal acts and events, which has affected the evolution of the legislation, are mentioned. Current legislation of the divorce in the Czech Republic is analysed in the second chapter. Substantive, but also procedural aspects of divorce...
|
guest ::
RSS feed.