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Rental housing as a way of fulfilling the right to housing and the current difficulties of its availability
Roznětinská, Barbora ; Zvára, Michael (advisor) ; Salač, Josef (referee)
RENTAL HOUSING AS A WAY OF FULFILLING THE RIGHT TO HOUSING AND THE CURRENT DIFFICULTIES OF ITS AVAILABILITY Abstract This thesis deals with a few current issues of fulfilling the right to housing by rental housing. Firstly, it aims to find out how sufficient is the valid law. Secondly, it tries and answer the question of whether there is a change in housing - from owning a house or a flat to renting one instead. In the first chapter, housing as one of the fundamental human needs is outlined and is pointed out to the importance of this subject not only in law but also in human life in general. In the second chapter, I describe the basics of the law most relevant to the explored object, including filling the topic into public (international and constitutional) law context. Followed by the explanation of the key parts of the Czech Civil Code. What is more, the state housing policy as a tool for housing development and the availability of flats is not left behind. I consider that policy as one of the results of the fundamental human right to housing. Although one is not entitled to housing, there are state duties resulting from that fundamental right. Thus, the state is required to establish (legal) conditions for people to be able to aim at fulfilling their right to housing. The third chapter deals with a few...
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Assisted reproduction and related legal issues
Adamová, Barbora ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Assisted reproduction and related legal issues Abstract This thesis addresses the issue of assisted reproduction as a health service suitable for the treatment of infertility, including all aspects related to it. It is mainly due to the increasing number of people struggling with infertility nowadays that the topic is of high importance and deserves, besides scientific and medical attention, also adequate legal attention. The thesis focuses mainly on the legal regulation of assisted reproduction de lege lata and its development, however, it also evaluates the de lege ferenda regulation overview. In addition to the legal framework of the assisted reproduction services, the scope of persons who may be beneficiaries of the service is also discussed. Other related topics discussed include the conditions that must be met in order for beneficiaries to be provided, as well as the provider's obligations and standards. Furthermore, focus is drawn to the proposed changes, both past and present, including the intentions of the legislator. In addition to a summary of the general legal regulation of assisted reproduction, the thesis aims to cover the issue comprehensively, which is why the second chapter is devoted to the topic of germ cells and the possibilities of their donation, as well as the question of the legal...
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Merging of state contributory organisations and organizational units in the competence of the Ministry of Health of the Czech Republic
Slovák, Štěpán ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Merging of state contributory organisations and organizational units in the competence of the Ministry of Health of the Czech Republic Abstract The thesis focuses on the consolidation of state contributory organizations and organizational units of the state within the scope of the Ministry of Health of the Czech Republic. The initial stage involved mapping all relevant state contributory organizations, organizational units, and state enterprises, which fall under the jurisdiction of the Ministry. Subsequently, state contributory organizations suitable for consolidation, such as the University Hospital Brno, St. Anne's University Hospital Brno, and Centre of Cardiovascular and Transplantation Surgery, were identified. The thesis is divided into five chapters covering topics including organizational units, state contributory organizations, state enterprises, specific state contributory organizations providing healthcare services, and the possibilities of merging these entities. The fifth chapter describes the possibilities of merging the identified entities, with the author attempting to offer solutions for potential consolidation. However, the legislator, through the amendment of the Property Act adopted shortly before the finalization of the text, has facilitated the entire process of consolidating state...
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Matrimonial property with an emphasis on its settlement in the context of succession proceedings
Srbová, Monika ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Matrimonial property with an emphasis on its settlement in the context of succession proceedings Abstract The topic of this thesis is Matrimonial property with an emphasis on its settlement in the context of succession proceedings. The aim of the thesis is to provide a comprehensive interpretation of the institution of matrimonial property with a focus on the process and methods of its settlement in the course of succession proceedings. The main motive behind the objective is the distorted and unclear idea of the public about matrimonial property and its settlement. The first part deals with the concept of matrimonial property, its characteristics and briefly introduces the institution of matrimonial property in Europe. The second part describes the historical development of matrimonial property. The description begins in antiquity and proceeds further in time to relatively recent times. It then focuses more specifically on the legal arrangements in our territory. The third part deals with the current matrimonial property law. Beyond the basic and essential information about the creation, regimes and termination of matrimonial property, it also includes a look into the conflict of laws rules of the contractual matrimonial regime and presents specifics of matrimonial property in the context of enforcement...
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Community property
Bartková, Miroslava ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
The presented thesis is called Community property. It deals with property relations between spouses as well as relations between spouses and third parties. The work deals with the characteristics of community property of spouses. It refers primarily to the current legislation; however, one part is dedicated to the historical development of the institute because of its importance. The thesis tries to outline issues that may arise between the spouses while applying their rights and obligations, but also simultaneously to find appropriate solutions. All this using the available specialized sources such as literature, law, or findings of the expert public.
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Lease of the business premises
Danielová, Magdalena ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Rigorózní práce: Nájem prostoru sloužícího podnikání Mgr. et. Mgr. Magdalena Danielová 19. 6. 2023 Abstract Lease of the Business Premises The aim of the thesis is to analyse the legal regulation of a lease of the business premises, as it is currently contained in the Act No. 89/2012 Coll., the Civil Code (Civil Code). With the date of effectiveness of the Civil Code on 1 January 2014 numerous amendments were introduced in the area of a business lease. The previous legal regulation was contained in particular in the Act No.116/1990 Coll., on the lease and sublease of non-residential premises, as a special legal regulation to the Act No. 40/1964 Coll., the Civil Code. With regard to the transitional provisions of the Civil Code which regulate the application of its provisions on a lease of non-residential premises established before the effectiveness of the Civil Code, the thesis also includes the comparison of the both mentioned regulations. The thesis is divided into seven chapters. The first chapter contains a historical excursion into the period from the end of the WWII to the end of 2013, and it focuses on the legal regulations relevant for the non-residential premises, especially the above-mentioned the Act No. 116/1990 Coll. In the second chapter the term of a business lease is analysed, its aspects,...
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Retention of title
Svoboda, Viktor ; Zvára, Michael (advisor) ; Salač, Josef (referee)
The aim of this thesis is to answer some problematic questions related to the retention of title in the context of the current legislation. Considering the frequency of negotiating reservations in ordinary civil law relations, the thesis seeks to answer those questions that may appear to be relevant for everyday practice. In pursuing its objective, the thesis primarily analyses the current legislation and considers relevant decisions of the courts and the opinions of respected authors. The thesis is divided into five chapters. It proceeds from the most general issues to the more specific sub-aspects of the reservation of property rights. The first chapter contains a brief analysis of the legal regulation of the moment of acquisition of the retention of title. The second chapter focuses on the more general issues of retention of title with a view to discussing some aspects of the retention that have not been satisfactorily addressed by the literature. In addition, the chapter aims to capture the essence of the retention of title. The third chapter deals with selected issues related to the position of the seller. The focus here is on the disposition of the seller's rights and the possibilities of the seller's defence against the buyer's conduct which is contrary to his obligations under the retention. The...
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Legal and ethical aspects of human organ and tissue transplantation
Kubíková, Natálie ; Salač, Josef (advisor) ; Šolc, Martin (referee)
1 Abstract Legal and ethical aspects of human organ and tissue transplantation The topic of this thesis is Legal and ethical aspects of human organ and tissue transplantation. It provides an overview of current legislation related to the issue of transplantation of human organs and tissues. Subsequently, it analyzes the most basic ethical dilemmas, which are faced by the professional and lay public in connection with the legal regulation of the transplantation process, then supplements them with the author's view of the matter, including recommendations de lege ferrenda. The thesis is divided into six chapters, including the introduction and conclusion; the chapters are further divided into individual subsections. The information used to write this thesis was obtained from academic literature in the form of monographs, commentaries, academic articles, jurisprudence and legal regulations, including their explanatory reports. Furthermore, the text is based on internet sources and the podcast of the Institute of Clinical and Experimental Medicine. The aim of this work is to analyze the legal situation, outline the basic ethical questions, including the arguments that are connected with them, and then bring them into confrontation with contemporary legislation through considerations de lege ferrenda....
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Informed consent of the patient
Luksch, Alexandra ; Salač, Josef (advisor) ; Zvára, Michael (referee)
, IRUPHG FR VH RI KH S LH Abstract 7KLV WKHVLV GHDOV ZLWK L IRUPHG FR VH W IURP D OHJDO D G SUDFWLFDO SHUVSHFWLYH , IRUPHG FR VH W LV D OHJDO JURX G WKDW legitimizes the interference with the patient's personal rights ZKLFK FRPSOHWHV WKH SURFHVV RI FRPPX LFDWLR EHWZHH WKH KHDOWK FDUH SURYLGHU D G WKH SDWLH W 7KLV SDUW HUVKLS PRGHO EHJD WR GHYHORS L WKH V 3UHYLRXVO D SDWHU DOLVWLF PRGHO ZDV SUHIHUUHG 7KH OHJLVODWLR R L IRUPHG FR VH W LV SULPDULO FR WDL HG L WKH &R YH WLR R XPD 5LJKWV D G %LRPHGLFL H D G FW 1R R 6SHFLILF HDOWK 6HUYLFHV R zdravotních službách a podmínkách jejich poskytování). 7KH DLP RI WKLV WKHVLV ZDV WR D DO VH WKH OHJDO UHJXODWLR RI L IRUPHG FR VH W D G WR H[DPL H LWV DSSOLFDWLR L SUDFWLFH W WKH EHJL L J WKH WKHVLV GHDOV ZLWK WKH GHYHORSPH W RI WKH GRFWRU SDWLH W UHODWLR VKLS ZLWK D HPSKDVLV R L IRUPHG FR VH W D G WKH OHJDO SURYLVLR V WKDW UHJXODWH WKLV LVVXH 1H[W WKH WKHVLV H[DPL HV L IRUPHG FR VH W L PRUH GHWDLO GLVFXVVL J LWV OHJDO DWXUH L FOXGL J WKH VSHFLILF UHTXLUHPH WV IRU WKH HOHPH WV RI FR VH W /DVW EXW RW OHDVW WKH WKHVLV GLVFXVVHV WKH OHJDO UHJXODWLR RI L IRUPHG FR VH W L WKH 6FD GL DYLD FRX WULHV D G FR FOXGHV ZLWK D SUDFWLFDO SDUW ZKLFK D DO VHV WKH FXUUH W VWDWH RI SUDFWLFH D G SRL WV RXW WKH VKRUWFRPL JV RI WKH OHJDO UHJXODWLR D G ZKHUH SRVVLEOH GH OHJH IHUH GD FKD JHV DUH...
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