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Usufructuary right of building and other ways of erecting house on the land of another
Buchar, Jan ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Usufructuary right of building and other ways of erecting house on the land of another The purpose of this thesis is to analyse comprehensively the institute of usufructuary right of building and other ways of erecting house on the land of another. Other legal institutes that can be used to set up home on a foreign land are easements, lease, usufructuary lease, precarious loan and loan for use. The Civil Code, after more than sixty years, is returning to the superficial principle, with which is the usufructuary right of building inherently connected and which represents an exception from that principle. Thesis is divided into four parts. The largest is the first part, which deals with the usufructuary right of building. The second part is devoted to other institutes, which enable the establishment of a house on a foreign land. The third part is the comparison of the usufructuary right of building with other institutes. The fourth part focuses on the usufructuary right of building legislation abroad. The focus of this thesis is in the first part, which consists of nine chapters. The first chapter defines the basic concepts and institutes related to the usufructuary right of building. The second chapter describes the history of the usufructuary right of building. The third to the seventh chapter...
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Limitations of actions as a legal fact
Paulů, Marek ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Limitation as a legal fact Legal institute of limitation has been a part of the legal system since the days of Roman law, yet it is not a legal relic, which in the modern concept of rights had their place. Limitation is a legal institute that is an integral part of modern legislation and whose meaning in law is a proven tradition of more than fifteen hundred years. The aim of this thesis is to give a comprehensive explanation about the institute of limitation in civil law. This thesis divided into five chapters approaches the status of limitation among other legal facts, subjecting it to a thorough analysis, gives the view on the concept of limitation de lege lata and its evolution in our country through historic civil law codification and compares its approach with adjustments in selected European countries. The first chapter discusses general information about legal facts which are divided by traditional keys and on the basis of this division and between them rest the institute of limitation. The second chapter defines the concept of limitation, refers to its meaning, analyzes its components, tests subjects objection of forfeiture accordance with good manners, calculates the rights that are subject to limitation and states that are contrary legislature declared inviolable. This chapter also...
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Protection of personal data in healthcare
Ryklová, Zuzana ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The thesis deals with the rules of the protection of personal data in the process of rendering healthcare. This topic is highly relevant because the act no. 89/2012 Coll., The Civil Code, came recently into force and influenced the topic of this thesis, mainly in case of the settlement called "The Healthcare". The work is divided into four chapters. The first chapter contains the most important legal sources for the protection of personal data in the process of rendering healthcare. The chapter also describes the major decisions of the European Court of Human Rights and the most important decisions of courts in Czech Republic. The second chapter deals with the protection of personality, right to privacy and with the protection of personal data. The protection of personal data in healthcare is undoubtedly a part of above mentioned rights. The third chapter deals with the duty of confidentiality of healthcare workers, the possibility of breaking the confidentiality and the legal liability for breach of a duty of confidentiality. The fourth chapter describes the regulation of medical records. The conclusion includes an evaluation of existing legal regulation and proposals de lege ferenda. The conclusion also contains topics which were not included in the thesis but due to their attractiveness are at...
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Legal concept of the term "thing"
Procjuk, Volodymyr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal concept of the term "a thing" is the key matter not only for civil law. The concept defines which things may be subjects to proprietary rights. Generally, there are two approaches in understanding of "a thing" de iure. The first approach is based on the narrow conception of things, which sees things as corporeal objects where only they may be objects of ownership. The second approach is based on the wide conception of things. Therefore, incorporeal things, claims, objects of intellectual property and other incorporeal things fall under the category of things. Nowadays, everything that is different from individuals and legal entities and serves the needs of people is undestanded to be a thing by the Civil Code. Compared to the Civil Code, Act. No. 40/1964 Coll, the new Civil Code favors the wide approach. The aim of this thesis is to introduce the development and the concept of the term "a thing" in our country not only in civil codes, but also in doctrine. The thesis is devided into four parts and mainly describes the very concept of things, the concept of corporeal and incorporeal, movable and immovable things and other terms closely related to things. The first part introduces historical development of the concept of things in our country. The second section is the key part and it focuses on the...
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Lex artis - Legal Interpretation of the Issue (comparative analysis)
Mikulová, Magdalena ; Hendrychová, Michaela (referee) ; Frinta, Ondřej (referee)
This diploma thesis goes into a problem of the legal interpretation of the term lex artis, which some authors describe as well-known term of unknown content. Generally, this term relates to the activities of doctors and other health care professionals within taking care of patients, and usually we can meet with the ablative lege artis, which is used to denote a professionally correct action. This term is in common usage also in the reference books and case law where the breach of the duty to act lege artis is considered to be a precondition for liability of physician or health care provider for injury to the patient. Certain difficulty of using the term lex artis lies in the fact that the legislation in force does not mention not even define this term and its meaning must therefore be inferred from legislation by interpretation. For the legal definition of lex artis is from 1st April 2012 considered the provision of s. 4 (5) of Act No. 372/2011 Sb., about Health Services and Terms (the Health Services Act), as amended, which defines appropriate professional standard of providing health services and which is from the early beginning criticized by the part of professionals for its alleged conflict with patients' rights guaranteed by the Convention on Human Rights and Biomedicine. The aim of this...
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Objectionability and relative ineffectiveness
Záhorská, Soňa ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Objectionability and relative ineffectiveness The purpose of my thesis is to analyse the notion of relative ineffectiveness, the institute of private law, which serves as a protection of the creditor against the certain legal acts of his debtor. This institute was known as objectionability before the new civil code came into effect. The aim of this paper is to explain the importance of relative ineffectiveness and to distinguish this institute from the sanctions of the defective legal act. The first chapter of my thesis deals with the notion of legal act and its elements which are essential for the existence of the valid and effective legal act. The subsequent parts examine the results of the situations in which the requirements to elements of legal act are not fulfilled. The chapter Two deals with the defects of legal act causing its nonexistence. The following chapter Three concerns the sanction of invalidity and the chapter Four explains the notion of ineffectiveness. The explanation of those sanctions is important for its mutual differentiation and for the subsequent analysis of the institute of relative ineffectiveness, because only valid and effective legal act can be pronounced by court as relatively ineffective. After analysis of different types of sanctions of defective legal act, the...
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Power of attorney and its significance in civil law
Kaňková, Petra ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Power of attorney and its significance in civil law First, in my thesis I generally dealt with the representations, I outlined the historical development, I mentioned very briefly adjustment of the legal representation and then I examined the conditions a person must meet in order to become a representative. The emphasis was put mainly on the distinction of the various terms associated with the institution of representation by power of attorney, as a unilateral act of the principal. Although the main part of the thesis was focused on adjustment in the Civil Code, I also mentioned provisions of the Commercial Code and a separate chapter is devoted to modify the representation by power of attorney in the Civil Procedure Code. The importance of representation by power of attorney is very significant, so I explored this part in a separate chapter. As this institute is used in practice almost every day, I focused on individual persons authorized to represent and on their most important rights and obligations. The aim of the chapter on certain types of contracts was only to point out some differences between them, not to provide their detailed analysis. An interesting and inspiring chapter then focuses on the comparison of Czech legislation with the legislation of Australia. In the last chapter I tried...
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Parental responsibility and restricting interventions by state
Špačková, Jana ; Hendrychová, Michaela (advisor) ; Frinta, Ondřej (referee)
The thesis deals with parental responsibility and potential state intervention as an important part of family law, or in some cases civil law, which is regulated by Act No. 94/1963 Coll., on the Family (the "Family Act"), and Act No. 89/2012 Coll., the Civil Code, effective from 1 January 2014. The thesis centres on an analysis of the legal regulation of parental responsibility and potential interventions, especially in the context of current case law and professional literature. In the thesis I consider the imposition of corrective measures; suspension, restriction and termination of parental rights, and necessary substitutes for family care such as foster care, protective youth and young offenders rehabilitation, adjudicated treatment in a special in-patient institution, and the cases of adoption without parental consent. The thesis also includes a comparison of the current legislation of the parental responsibility and potential interventions according to the Family Act and incoming legislati on according to the Civil Code.
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Easements with respect to new Civil Code provisions
Kadlecová, Miluše ; Hendrychová, Michaela (referee) ; Frinta, Ondřej (referee)
Easements with respect to New Civil Code provisions Abstract In this thesis, I concentrate on the institute of easements, which are rights to use the real property of another. I study easements from both the theoretical perspective, with respect to their position in the legal system, legal relations and their corresponding implications and the function they fulfill; and the practical perspective, elaborating on their establishment, changes, termination, recordkeeping and protection of the rights they imply. I consistently strive to map all the legislation related to easements, and present the changes that will affect the legal code of the Czech Republic with regards to the ongoing re-codification of private law. These changes affect the context of current legislation related to easements and its interpretation, consisting mainly of court rulings. In the new Civil Code which will come into force at the start of 2014, as opposed to the current Civil Code, legislation related to easements is approached from a very wide perspective, almost casuistically. However, at the time of this thesis's completion, related regulations necessary for proper application of the new Civil Code have not yet been approved.
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Compensation for injury and death in German law
Vysloužilová, Markéta ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Die vorliegende Diplomarbeit ist eine kurze Einführung in die Problematik der Ersatzansprüche für den Personenschaden im Recht der Bundesrepublik Deutschland. Es handelt sich dabei um eine zusammenfassende Studie, deren Ziel es vor allem ist, die wichtigsten themabezogenen Grundbegriffe und Merkmale auf Tschechisch zu erläutern. Dabei enthält die Arbeit auch einige subtile Anstöße zum interdisziplinären, kulturhistorischen Betrachten des Personenschadens. Der eigentliche Text ist in drei Einheiten geteilt. Der Einführung folgt die etwas deskriptive Auslegung zum Ersatz vom materiellen Schaden, den Kern dieser Arbeit stellt das Schmerzensgeld als Ersatz für den immateriellen Schaden dar. Die spärliche legislative Regelung, die überwiegend im BGB enthalten ist, wird wesentlich durch die Rechtsprechung ergänzt. Der Personenschadenersatz wird im deutschen Recht relativ restriktiv erfasst und die Entschädigungssummen bleiben verhältnismäßig gering. Theoretisch wird der materielle Schaden in Erwerbsschaden, Haushaltsführungsschaden, Heilbehandlungskosten, vermehrte Bedürfnisse, entgangenen Unterhalt, entgangene Dienste und Beerdigungskosten aufgeteilt. Detaillierte Falluntersuchung und strenge Bemessung der materiellen Ersatzansprüche sind aus der angeführten Rechtsprechung ersichtlich. Für den...
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