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Legal status of parents in adoption
Vampolová, Gabriela ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Legal status of parents in adoption Abstract The goal of this diploma thesis is the analysis of the Czech legal regulation of the position of the parent during an adoption. According to Act No. 89/2012 Coll., of the the Civil Code, essence of the adoption is primarily a status change in the legal status of the parent and child, which consists in the termination of family relationships, including obligations and rights to the adoptee's original family. The consequence of adoption is the termination of the relationship between parent and child, which is considered for the basic status relationship of family law. However, the termination of family relations will not occur in the case of adoption of an adult, which is not similar to the adoption of a underage. The first part of the thesis is briefly devoted to the concept of family, it reflects on its importance and a possible definition of this concept. The second part deals with parenthood in the legal sense, the purpose of this part is to determine to who can be considered as a parent in accordance with Czech legislation, to whom the parental duties and rights testify, and mainly who create the basic status relationship of parent and child. Within this part, the legal regulation of maternity and paternity is discussed separately. Regarding the legal...
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Guardianship and guardianship council
Tůmová, Adéla ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
[Guardianship and guardianship council] Abstract The topic of this thesis is guardianship and the guardianship council. The aim of the thesis is to examine the legal regulation of guardianship and guardianship councils in the past and also to examine the current legal regulation. This thesis should provide information on where we place guardianship and the guardianship council and what their purpose is and how they function. In this thesis, the Czech legislation on guardianship is partly compared with the French legislation. The first chapter deals with the family and parental responsibility. The rights and obligations that are the content of parental responsibility, who is the bearer and the executor of parental responsibility are listed and defined. And what protective measures exist when a parent does not exercise parental responsibility. The second chapter of this thesis is devoted to a historical excursion from the times of the Roman Empire to the Family Law, describing how guardianship worked and to whom a guardian was appointed at each stage. Roman law provided an important basis for the development of private law, and the law of guardianship was no exception. Later legislation was inspired by Roman law. The third chapter is devoted to the institution of guardianship itself, what are the grounds for...
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Administration of a minor's assets - current issues
Tomková, Kateřina ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Administration of a minor's assets - current issues Abstract The thesis deals with the administration of a minor's assets and the current problem associated with the indebtedness of minor children. The aim of the diploma thesis is to comprehensively analyze the currently valid and effective legislation regarding the administration of a minor's assets, whose changes were contributed by the recent amendment in the form of Act No. 192/2021 Coll. The thesis is divided into four parts. Each of these parts is further divided into individual chapters and sub-chapters that specify it. In the first part, basic terms will be defined, which are the basic building blocks for subsequent interpretation. Initially, the thesis focuses on the definition of basic terms important for better understanding and orientation in the rest of the thesis. Furthermore, the criteria for the administration of a minor's assets are presented, which include the best interest of the child, the care of a proper householder, not taking unreasonable risks and control of the regularity of the administration. Attention is then focused on the persons who can perform the administration of minor's assets, with the greatest extent being paid to the parents, who are most often entrusted with the administration of a minor's assets and who are also...
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Testament
Havlíková, Julie ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Testament The diploma thesis explores a significant aspect of inheritance law testaments as a means of posthumous property disposition. The primary objective is to comprehensively describe and analyse the existing legal framework governing testaments, as stipulated in Act No. 89/2012 Coll., the Civil Code. In contrast to preceding regulations, this current legislation provides a broad spectrum of options empowering the testator to shape the destiny of their estate after death. The examination of testaments and associated legal constructs extends beyond a mere scrutiny of statutory provisions. The study incorporates a jurisprudential perspective, encompassing both contemporary and historical dimensions. The analysis draws insights from commentaries, explanatory reports, professional articles, and diverse literary sources, with a brief exploration of foreign legal paradigms. The first chapter serves as an introduction to inheritance law, elucidating its fundamental principles and contextualizing the traditional tenets of this legal domain. This section also scrutinizes the presumptions underlying inheritance. In the ensuing chapter, the focus shifts to a detailed exploration of testaments, encompassing aspects such as acquisition capacity, error resolution, and testament interpretation. A comparative analysis...
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Air carrier's liability to passengers
Suková, Petra ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Air carrier's liability to passengers Abstract The thesis deals with the civil liability of a carrier towards passengers in air transport. The current legislation is unevenly spread over three levels - international, European and national - with its core being enshrined in the Montreal Convention, the scope of which is extended to all EU carriers by an EU regulation. The thesis analyses the relationship between the different levels of regulation. Particular attention is given to the exclusivity character of the rules contained in the Montreal Convention and the disputed interpretation of the exclusivity rule in legal theory and judicial practice. The author focuses on two main areas of air carrier liability to passengers and identifies problematic aspects of their legal regulation, stemming mainly from the lack of definitions of key terms. The first area is liability in the event of personal injury, where attention is given to the interpretation of the concept of an accident resulting in death or bodily injury to a passenger, and then to the interpretation of the concept of bodily injury, with a focus on the possible inclusion of psychological injury. The second area is the liability of the carrier in the event of delay; here the thesis examines the relationship between parallel regulations at international...
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Contractual penalty in consumer contracts
Beláková, Zuzana ; Elischer, David (advisor) ; Lederer, Vít (referee)
Contractual penalty in consumer contracts Abstract The topic of rigorous work is the contractual penalty in consumer contracts, while this issue is very current, as it falls into the legal area of consumer protection, which belongs to the current most modern trends in private law. The aim of the thesis is to answer, in particular, what are the specifics of the use of the contractual penalty institute in consumer contracts, to analyze the issue of negotiating a contractual penalty in consumer contracts and its permissible amount. Furthermore, the author of the thesis will focus on the possibility of moderating an unreasonably high contractual penalty in consumer contracts and the possibility of negotiating a contractual penalty within the commercial terms of consumer contracts. Last but not least, the author of the thesis intends to analyze the issue of due date and limitation of the right to pay a contractual penalty. The first chapter deals with the functions of the contractual penalty in consumer contracts and contains a brief analysis of individual terms that are central to this rigorous work. The second chapter is focused on the jurisprudence regarding the contractual penalty. The author of the thesis chose two areas, namely the possibility of conditional negotiation of the contractual penalty and the...
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Trust in the context of inheritance law
Kofroň, Martin ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
127 Trust in the context of inheritance law Abstract The subject matter of this doctoral viva voce dissertation are two fiduciary institutes brought into Czech private law by the new Civil Code effective from January 1, 2014 - i.e. the Trust Fund and the Trust Succession (Fideicommissary Substitution). The dissertation contains an analysis of the legislation in force applicable to both institutes concerned against the background of the historical development of fiduciary relations and a comparison of foreign legislations applicable to trust and fideicommissary substitution. The institute of Trust Succession has returned to Czech law after fifty years. In the case of a trust fund, which mixes elements of property and contractual law, it is the implementation of the traditional Anglo-Saxon legal institute into the Continental legal environment, which in itself brings a number of hermeneutical and application challenges. These challenges are highlighted by the concept chosen by the Czech legislator, which consists in following the Quebec model and constituting a depersonalized property allocated for a certain purpose. The focus of the dissertation is to confront the legislation governing the aforesaid fiduciary institutes with the provisions of the applicable inheritance law, in particular from the point of...
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Surrogacy: key issues of legal regulation
Bauerová, Michaela ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Surrogacy: key issues of legal regulation Abstract This thesis outlines the phenomenon of surrogate motherhood through the prism of applicable law, while analysing the current situation of absenting legal regulation in Czech Republic and comparing various foreign legal regulations as appropriate or less appropriate models to inspire future Czech legislation. The aim of this thesis was to comprehensively introduce the institute of surrogacy as a unique method of assisted reproduction, which, however, brings many risks and challenges in terms of its regulation. The first part of the thesis deals with the terminology, which is used throughout the entire document and contributes to a better understanding of this phenomenon. Additionally, in this part the attention is given to a brief historical evolution of surrogacy resulting in his current form as a modern method of assisted reproduction. The second part is dedicated to comparison of various foreign legislations, namely the liberal legislation in California, the permissive legislation in Ukraine, the altruistic legislation in United Kingdom and the hostile legislation in France are examined. Furthermore, a particular attention is paid to the jurisprudence of the European Court of Human Rights and finally to the current situation of missing regulation in Czech...
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Inheritance contract in Comparative Perspective
Kaucký, Přemysl ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Inheritance contract in Comparative Perspective Abstract The thesis deals with the concept of the inheritance contract in the legal regulation of the Civil Code (Act No. 89/2012 Coll., Civil Code) and foreign legal regulations in the German language area, in particular of Austria. The work is based on the premise that the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch) has been a source of inspiration for some of the provisions that regulate the inheritance contract in the Czech legal system, with a particular focus on the regulation of the limitation of property that can be acquired by an inheritance contract (the so-called free quarter) and other issues related to this provision. Across the work, problematic provisions of the conception of the inheritance contract, which are difficult to interpret based on the text of the law alone, are highlighted. Suggestions de lege ferenda are given, as well as possible interpretative starting points in comparable foreign legislation, especially the Austrian Civil Code. The author assesses in which cases it is possible to take inspiration from foreign legislation and in which cases this is not possible, either because of a different conception of the institution of the inheritance contract or because of different related legislation. The thesis is divided...
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Public policy as a corrective to autonomy of will in private law
Bútora, Michal ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
1 Public policy as a corrective to autonomy of will in private law Abstract The thesis deals with public policy and its role in private law. Public policy, as one of the correctives of the principle of autonomy of the will, is intended to protect the fundamental and basic interests of the state and society by limiting the absolute freedom of any arrangement of private law relations. The objective of this work is to create a comprehensive text that would provide a complete and objective study of this corrective. The thesis is divided into five basic chapters and a conclusion. Public policy in private law acts as a corrective to the principle of autonomy of the will, and this principle, together with its ideological basis, was introduced in the first part of the thesis. Then, the concept of public policy could be introduced in part three. The basic notion of what public policy should be, the understanding of public policy in its national and international contexts is discussed, but also the distinction of public policy with respect to the public interest or the distinction with regard to the corrective of good morals is also discussed in this part of the thesis. The fourth part of the thesis no longer focuses on the theory behind the notion of public policy, but examines public policy in the current legal...
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