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Issues of judicial proceedings of inheritance in the Czech Republic
Bartoníčková, Lenka ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
This diploma thesis characterizes a specified field of the civil law that deals with the judicial proceedings of inheritance through the analysis of professional literature and relevant case law. The attention is especially devoted to development of the legislation, the proceedings in the beginning of this judicial proceedings and its parties, the minor included, possible discretions of the decedent with his belongings, the conflicts appeared in this judicial proceedings, the settlement of the estate in entirety, the question of the overextended asset and the selected issues of judicial proceedings of inheritance with the international aspect (Regulation (EU) No 650/2012 of the European Parliament and of the Council).The thesis points out the main amendments which have been brought to the judicial proceedings of inheritance by the recodification of the private law that has been in effect in Czech Republic since 01. 01. 2014. The thesis was composed by the method of description with elements of analysis and synthesis. The individual legal institutes are described, analytically examined and evaluated. There are presented their mutual connections and the view of the problematic as a whole. The comparative method was used as well by evaluating the present legislation with the former one that was in effect in the Czech Republic until 31. 12. 2013.
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Divorce and its circumstances
Křikava, Rostislav ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The topic of my Bachelor thesis is divorce and its circumstances. The first part is focused on marrige. Divorce itself is described in the second part. There are describes possible procedures and types of divorce proceedings. The other part deals with property relations of married couples and subsequent settlement relating to children.
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Common property of spouses
Studená, Lucie ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The Master´s Thesis deals with the common property of spouses. The work aims to present a comprehensive overview of the legal regulation of common property of spouses and focus on changes in new Civil Code, which takes effect in January 2014. The second objective of this work is to apply theoretical findings on concrete examples of judgement. The work is divided into two basic parts; theoretical and practical. Theoretical part consists of historical development and current legal regulation of common property of spouses. Practical part contains several practical cases of judgement.
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Public Procurement Assessment
Vorotnikov, Kirill ; Štěpánek, Petr (advisor) ; Neděla, Radek (referee)
The aim of this thesis is to discuss the possible ways of assessing public procurement projects according to the present legal framework. The subject of the query is, whether it is more profitable and efficient to assess the projects on the grounds of lowest price or total economical profitability. Firstly I am focusing on the current legislation, especially its text and interpretation. Next topic of discussion is the upcoming legal regulation and some of its presumed consequences. The last part is dedicated to an analysis of a sample, with a focus on award criteria.
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The Member State liability for the infringement of EU law- the legislation of Czech Republic
Gumroian, Kristina ; Grmelová, Nicole (advisor) ; Neděla, Radek (referee)
The institute of Member State liability for damages caused to individuals as a result of a breach of the European Union (EU) law represents the process of strengthening of the individuals rights in the context of European integration. The Czech Republic is obliged to apply defined legal provisions of EU law as it has been an EU member for more than a decade now. Therefore, a larger part of this work deals with the State liability at the EU level. At the same time, the thesis analyzes the specific features of the Czech national legislation related to this particular issue. The main objective of this bachelor thesis is based on the analysis of relevant sources to define and to assess, to which extent is the Czech republic liable for a breach of EU law and moreover to provide a coherent framework of the above-mentioned institutes establishment.
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Civil Service Act Focusing on the Clerical Exam
Leipertová, Lucie ; Neděla, Radek (advisor) ; Stárková, Eva (referee)
The topic of this thesis is the Civil Service Act (CSA) and all related laws and regulations, especially those regulating the clerical exam. The introductory part deals with the CSA itself, and is followed by a more detailed description of the clerical exam. The theoretical part is completed with a chapter dealing with the exam procedure at one of the state administration authorities (the Administration of State Material Reserves). The aim of this thesis is to offer the readers basic information on the CSA and, primarily, to provide them with a comprehensive overview of all requisites of the clerical exam including a view on its procedure in practice.
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Divorce and its circumstances
Kšádová, Kristýna ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The main topic of my bachelor thesis is divorce and its circumstances. I have devided it in two parts, such as theoretical and practical parts. In the first theoretical part I describe meaning of marriage, divorce, major reasons of divorces and theirs consequences. In the second practical part I am focusing on particular case of divorce in which I will compare foundations documented in the theoretical part with the reality. The main aim of this work is to realise wheter is there any resemblance between the concrete case and theory and if the divorce of parents affected their childrens.
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Inheritance Law in Theory and Practice
Pospíšilová, Nikola ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The subject of the Bachelor thesis "Inheritance Law in Theory and Practice" deals with the law of succession applicable in the Czech Republic. In the theoretical part I pay attention to the principles of inheritance law, after that I describe preconditions of inheritance law and then I deal with fundamental provisions of the new Civil Code. I put the emphasis on provisions that previous legislation did not include or addressed them diferently. In the practical part I concentrate on the calculation of obligatory parts in inheritance by the law when the statutory heir is excluded in the will.
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Case study - Divorce and its circumstances
Nouzová, Eva ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
In my thesis I dealt with divorce. The aim was to highlight the circumstances of a real case which a person can be encountered with during divorce proceedings, with special focus on child custody. What has been analyzed is the old legislation of family law as well as view from a perspective of the new Civil Code. In the end of the work, progress of divorce proceeding and approach of responsible authorities has been evaluated.
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