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Contract for health care under the Civil Code
Slavíček, Jakub ; Salač, Josef (advisor) ; Šustek, Petr (referee)
i Název diplomové práce v anglickém jazyce Contract for health care under the Civil Code Abstract This master thesis discusses a contract for health care under the Civil Code. A contract for health care was established as a new nominate contract type on the 1st of January 2014, as the Civil Code Act 89/2012 Sb. became effective. Considering the importance and wide use of the contract, it is staggering how the public knowledge about this topic is insufficiently low. The aim of this thesis is to generally introduce the topic and analyse its individual aspects. The thesis also draws attention to potential interpretation issues and legislative imperfections or ambiguities. The theoretical angle is suitably being supported by practical examples, which contribute to the overall understanding of the topic as well as make the explanation clearer. This paper gives an elementary explanation of relations between the Civil Code as a general act and special acts. To provide the best possible picture of the contract type, author likewise mentions a brief historical background and relevant elementary international law relations. Thereto the thesis includes an excursus to the English law, specifically to a patient's consent. Regarding the contract for health care under the Civil Code itself, the paper gives an...
Usucaption in the Context of the Civil Law Recodification
Horký, Jakub ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Usucaption in the Context of the Civil Law Recodification This master thesis analyzes the concept of usucaption in the context of the recodification of civil law. Its aim is to describe this institute both in its historical context and in the current legislation. It also aims to compare these codifications with each other and try to resolve some of unclear points of interpretation. Usucaption is a legal concept pursuing harmonization of possession as a de facto state with ownership as a legal status, after a specified period of time expires. It is a traditional civil law concept, however it is still relevant today. The master thesis analyzes significant changes in relation to the concept of usucaption, which were introduced by the Czech Civil Code No. 89/2012 Coll. The thesis begins with an introduction, then it proceeds with four main chapters, which are further subdivided into subchapters, and it ends with a conclusion. In the first chapter, I lay out general definitions which are fundamental to the following analysis, namely, I provide a definition of possession, detention and usucaption itself. The second chapter introduces the historical background, starting with a brief description of the concept of usucaption in Roman law, continuing with the codification of usucaption provided by ABGB and...
The acquisition of ownership
Vlach, Pavel ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Srbová, Alena (referee)
Name: The acquisition of ownership My dissertation deals with the area of the acquisition of ownership, more precisely acquisition of title. I chose this topic after consulting my supervisor at the beginning of my course in 2010. During the course of my studies, however, a new Civil Code (Act no. 89/2012 Coll.) was adopted and came into effect in January 2014. This therefore presented an opportunity to compare the existing regulations contained in Act no. 40/1964 Coll. (now designated as the old Civil Code) with the new regulation, as well as with other regulations such as Act no. 141/1950 Coll. (designated as the middle Civil Code), the government draft of the Civil Code dating from 1937 which was never adopted due to the developments in the political situation and the General Civil Code which was adopted from the Austrian law known as the ABGB (Allgemeines bürgerliches Gesetzbuch ). Some institutions of original acquisition have also been compared with the German BGB (Bürgerliches Gesetzbuch) or the new Russian Civil Code. The dissertation initially deals with the area of the acquisition of title in general, i.e. the terms possessory title and ownership and their associated institutions, such as limitations to possessory title, the area of possession and the terms main thing, component part of a thing and...
Statutory inheritance
Rutar, Radka ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Petr, Bohuslav (referee)
Statutory inheritance Abstract This thesis discusses the legal regulation of inheritance law with emphasis on the institute of statutory inheritance, from the point of view not only of Czech law but also in comparison of the individual legal institutes with their foreign regulation. The aim of this thesis is to answer the question whether the current Czech legislation can provide a prudent, safe and predictable framework for the valid adjustments of property relations of the decedent and the participants of the inheritance proceedings after the death of the decedent The submitted thesis is structurally divided into three larger parts which further separate into a total of fifteen chapters. The first part of the thesis briefly discusses the gradual historical evolution of inheritance law and its codification on the territory of Czech lands and of historically related countries. The first part also includes the introduction of the purpose of inheritance law and its controlling principles, formulated at the beginning of the 20th century by the outstanding Czech lawyer Prof. Emanuel Tilsch. The individual institutes such as statutory classes of heirs, forced heirship or escheat are logically organised and described in detail from a historically-comparative perspective as well as from the perspective of foreign...
Residential lease with special regard to its termination
Suchý, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with residential lease, with the focus being placed on the issue of termination of the lease. The aim of the thesis is to analyze the current legal regulation, not only the most important and most used methods of termination of the residential lease, but also the ways that are less frequent. Another aim of the thesis is to identify problems arising in connection with the recodification of private law in the Czech Republic. The thesis draws from legislation, jurisprudence, professional literature and other relevant sources. The thesis is divided into an introduction, thirteen chapters and a conclusion. The first part of the thesis focuses on historical development of the legislation regarding residential lease, from the times of Roman Empire until 31.12.2013. Following part of the thesis deals with the current statutory regulation of residential lease, its basic attributes and characteristics, and at the same time the institute of tenant's protection as a weaker contracting party is described. In the following parts of the thesis, the methods of terminating the residential lease are being described. Analysis varies from the less frequent methods, such as the merger of the tenant and the landlord, the end of the subject of the lease, or the payment of severance payments to the most...
Residential lease
Vokounová, Michelle ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Residential lease Abstract This thesis aims to analyze the legal aspects of residential lease. This is a continually developing issue, which is dynamic in form both in the doctrinal sector and case law. Its specificity lies in the protectionist nature of the weaker party for which the lessee is generally considered. Since 1. 1. 2014 the enactment of Act. No. 89/2012 Coll., the Civil Code, as amended, there has been a significant balance of rights in certain aspects related to the residential lease, especially in the available options for termination of lease. Given the fact, that the said code is relatively new, the thesis also contains a comparison with the previous Act No. 40/1964 Coll., the Civil Code, as amended. This thesis does not neglect to look at German legislation, when looking for a foreign adaptation, it focuses on institutes close to national law and attempts to make some comparisons between the two. The work itself is divided into six chapters. The first chapter deals with the general legal arrangement of the lease. The individual conceptual features of the lease and the related institutes will be discussed here, and sources are presented in the form of law or case law. The second chapter is focused specifically on the residential lease. The new concepts that the Civil Code has brought about...
The forms of custody for underage children in the times after split-up or divorce of their parents
Kudrfalcová, Adriana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract This thesis with the subject "The forms of custody for underage children in the times after split-up or divorce of their parents" is dealing with possible types of arrangements of custody for a child after the break up of his parents. This topic is currently very live in the Czech Republic, as well as in other advanced countries, because the amount of divorces is rising. According to the valid legislation it is possible to entrust the child, after the divorce of his parents, to either the custody of one of the parents, shared custody of both parents, joint custody or, if deemed necessary in regards to the needs of the child, to the custody of another person. The aim of this thesis is to create an overview which will acquaint the readers with all options of arrangements of the custody for children after the divorce of their parents which are established in the section § 907 of Act no. 89/2012 Coll., Civil Code. The increased attention is paid to the shared custody because of several recent breakthrough jurisprudences of the Constitutional Court of the Czech Republic concerning this legal institute. This thesis is split into 5 chapters, excluding introduction and conclusion. In the first chapter I concern with historical development of the legislation of decision making regarding the entrusting of...
Hejdová, Dagmar ; Salač, Josef (referee)
The aim of the diploma thesis is to present the legal institute of the easements in its complexity placing emphasis on the current legal regulation of this institute in the Czech Civil Code. The diploma thesis deals with the most important practical issues inherently linked to this legal institute with reference to the relevant judicial decisions and suggested solutions of the mentioned problems are presented. The aim of the diploma thesis is also to present the institute of the easements as the institute responsive to the current social conditions undoubtedly reflected in the legal regulation of the institute of the easements. The first chapter of the diploma thesis is devoted to the theoretical determination of the concept of the easements. In the second chapter the most important historical periods related to the institute of the easements are presented, from the ancient era to the present. The most important ancient principles linked to the institute of the easements are discussed and their importance for the contemporary legal regulation is emphasized. Subsequently, the diploma thesis also deals with the origination of the concept of the easements and the conceptual change in the current Czech Civil Code consisting in distinguishing the easements from the real burdens. The descriptions of the...
Relations between parents and children after divorce
Linhartová, Aneta ; Frinta, Ondřej (advisor) ; Salač, Josef (referee)
Relations between parents and children after divorce Abstract The aim of this thesis is to present current legal regulation regarding relations between parents and children after divorce, which is included in the Act No. 89/2012 Coll., Civil Code, as amended, to point out problematic aspects during its practical application and to suggest other possible future solutions for particular issues. The thesis is composed of five chapters. Chapter one deals with divorce. It investigates historical development of its legal regulation, current legal regulation including divorce proceeding, and also some legal consequences of divorce. Part of this chapter concentrates on suggestions de lege ferenda regarding simplification of divorce. Chapter two is concerned with legal regulation of relations between parents and children after divorce in a historical context, from the General Civil Code till nowadays. Chapter three analyses individual aspects of legal regulation of relations between parents and children after divorce. At first it looks at custody of minor children after divorce and its particular forms, i.e. sole, alternating and shared custody. Another part of this chapter deals with regulation of contact of a parent and a minor child. After that the chapter concentrates on alimentary obligation regarding a minor...
Legal aspects of providing health care to minors
Obrázek, Jan ; Salač, Josef (advisor) ; Šustek, Petr (referee)
LEGAL ASPECTS OF PROVIDING HEALTH CARE TO MINORS This thesis deals with the legal aspects of providing health care to minors in the Czech Republic and in Ireland, and compares the approach to regulation. Regulation of healthcare has undergone a significant change since the ratification of the Convention on Human Rights and Biomedicine. The traditional notion of the doctor-patient relationship as a paternalistic relationship has been abandoned and replaced by an equal relationship - partnership. This change culminated in the adoption of the Health Services Act as well as in other laws adopted in the framework of the reform of health care law. The adoption of the Civil Code could be seen as the final contribution in the discussion of the doctor-patient relationship. The Civil Code includes provisions regulating health care treaty, as a named type of a contract, leaving no doubt about the private-law nature of the doctor-patient relationship. The relationship between the Civil Code and the Act on the Provision of Health Services is complicated and requires the principle called lex specialis derogat generali to be applied. However, for the correct application of this principle it should be remembered that the Civil Code provisions are in some cases very detailed and that some provisions of the Civil...

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