National Repository of Grey Literature 981 records found  previous11 - 20nextend  jump to record: Search took 0.00 seconds. 
Determination of motherhood
Dorážková, Zuzana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
182 Determination of motherhood Abstract The topic of this thesis is the determination of motherhood. Its aim is to identify the situ- ations that make the determination of motherhood difficult or impossible and to evaluate their legal regulation or to propose its supplementation. The thesis is divided into eight chapters, with the first chapter being devoted to the definition of the term motherhood and its history, current legislation and origins. The second chapter focuses on assisted reproduction. It describes its basic principles, his- torical development, current legislation and possible risks. Chapter three, focusing on surro- gacy, is also related to assisted reproduction. This chapter draws attention to the lack of legal regulation in this area and, after an assessment of the possible consequences of its absence, a de lege ferenda draft of the basis for legal regulation is drawn up. The highly controversial option of whole-body donation is also mentioned here. The fourth chapter briefly describes the legal regulation of adoption, as one of the possi- bilities of how a child can legally have a woman different from the one who gave birth to him or her on the birth certificate. The thesis here also alludes to the possibility of adopting a child by a person in a registered partnership and enabling it by...
Acquisition of right in rem from unauthorised person to a thing registered in public register
Cihlář, Matěj ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of right in rem from unauthorised person to a thing registered in public register Abstract This thesis deals with the topic of acquisition of the ownership right to immovable property registered in the cadastral register from an unauthorized person on the basis of the provision of Section 984 of the Czech Civil Code. The thesis then focuses on the condition of good faith (bona fides) of the acquirer and its specific conditions in such cases. The thesis is divided into four main chapters. The first chapter is devoted to an overview of the main legal principles that are reflected in this field. The second chapter provides a brief summary of the evolution of the legislation regarding this matter from the First Czechoslovak Republic to the present day. The third chapter is then devoted to the analysis of the good faith of the acquirer, based on the legislation, literature and case law, both current and historical. The fourth chapter then introduces the German legislation and compares the main points on which the legislation and practice in both countries are based. The author concludes that the good faith of the acquirer in the entry in the cadastral register is presumed in the Czech legal environment; however, the courts impose significant requirements on the acquirer to exclude doubts about the...
Package Tour (Section 2521 - 2549a of the Czech Civil Code)
Vondřejcová, Anna ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Package Tour (Section 2521 - 2549a of the Czech Civil Code) Abstract The diploma thesis focuses on the description of the legal regulation of the package tour contract in the Civil Code and other legal regulations related to the package tour. The aim of the thesis is to describe and to analyse the legal regulation of the package tour contract in the Civil Code and in Act No. 185/2020 Coll., regarding some of the measures to mitigate the effects of the coronavirus epidemic reffered to as SARS CoV-2 on the tourism industry, also known as the so called Lex Voucher. The package tour contract is a key institution in the tourism legislation and is largely influenced by european legislation. Therefore this thesis also describes and often refers to the legal regulation of two basic directives, on which the regulation of the package tour contract in the Civil Code is based on. The essential directives are called Council Directive No. 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, and Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. Since the...
Termination of apartment lease and its legal consequences
Koželuha, Pavel ; Salač, Josef (advisor) ; Zvára, Michael (referee)
1 Termination of apartment lease and its legal consequences Abstract This thesis deals with the termination of apartment lease and its legal consequences, both in the light of substantive and procedural law. The aim of the thesis is to provide an insight into this matter, including the interpretation of basic terms and to point out frequent problems or incorrect procedures of persons in relation to the termination of apartment lease. The lease of apartment is one of the classical institutes of civil law, through which the housing needs of a tenant are satisfied. However, this thesis also explores possible overlap of rental housing into other areas of law. The thesis provides a comprehensive analysis of the process of termination of apartment lease and the legal implications for the persons involved. The first chapter of this thesis characterizes lease as an institute of civil law. This chapter focuses on the definition of the nature of the lease itself and the duration of lease relationship. The chapter concludes with the most common ways of terminating any lease. The subject of the second chapter are specifics of the apartment lease, which result from the special provisions and are also relevant with respect to termination of lease. In addition to characteristics of an apartment and the purpose of rental...
Extreme Emergency during Provision of Health Services
Vidláková, Jana ; Šolc, Martin (advisor) ; Salač, Josef (referee)
The work discusses the institute of extreme emergency in the context of the provision of health services. Its goal is to find out whether the current legal regulation of extreme emergency is sufficient for the field of health law from a practical point of view. The work analyses individual conditions of extreme emergency from the point of view of civil law. For the better understanding, it includes frequent comparisons with other legal fields. In several places, there is a comparison with foreign legislation. The work also provides an insight into the circumstances excluding illegality, which are unknown for the Czech legal system. The work is divided into four chapters. The first of them deals with the concept of illegality and the connection between civil law and criminal law regulations of circumstances excluding illegality. The second chapter presents the role of extreme emergency in the legal system. It focuses on the state of emergency in the Convention on Human Rights and Biomedicine, on the obligation to compensate for damage caused in an extreme emergency and on the apparent (putative) extreme emergency. For a closer understanding and determination of the correct approach of the courts to the extreme emergency, it analyses the decisions of the administrative courts in which health service...
Land registry
Princová, Zuzana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
1 LAND REGISTRY ABSTRACT The aim of this rigorous thesis was to provide a comprehensive overview of the current legal regulation in the field of Land Registry, which is primarily regulated by two legal regulations, the Cadastral Act No. 256/2013 Coll. and the Decree on Cadastre No. 357/2013 Coll. The first chapter deals with the theoretical concepts with which the Land Registry works. The author has defined and explained in detail the concept of Land Registry and its purpose. The second chapter deals with the history of the Land Registry, which dates back to Ancient Egypt. It describes in detail the historical development up to the current legislation. The third chapter deals with the principles that run through the entire Land Registry and on the basis of which the Land Registry acts. Among others, the principles of material and formal publicity, the principle of superficies solo cedit, intabulation, and disposition can be mentioned. The fourth chapter regulates the filings to the Land Registry, specifically the entry, the record and the note. It also describes the entry procedure and concludes by explaining what is meant by the term seal. The fifth chapter covers digitalisation, describing the differences between paper and electronic filing and also discusses in detail what technical requirements are set...
Special aspects of acquisition and loss ownership of land
Koenigová, Terezie ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Special Aspects of Acquisition and Disposal of Ownership of Land Abstract The topic of this thesis is special aspects of the acquisition and disposal of the ownership right to land. The thesis is divided into four chapters, which are further divided into several subchapters. The first chapter focuses on the basic concepts necessary for the further content of the thesis, namely land, property right and the methods of acquiring property right by transfer or transfer. The second chapter deals with the ownership right to land and its specifics, with regard to the subject of the ownership right itself, the content of the ownership right, the subjects of the ownership right, which may be private entities, but also the state or, for example, a municipality or region, as well as the registration of the ownership right to land in the public list, which is the land registry and the procedure for registering the ownership right in the land registry. The third chapter is devoted to the individual ways of acquiring the ownership right and their specifics and problematic aspects, including the abandonment of land as immovable property and the related issue of insufficiently identified owners, as well as ordinary and extraordinary prescription of the ownership right to land, land modifications, expropriation of the...
Flat Co-ownership
Janderová, Kateřina ; Elischer, David (advisor) ; Salač, Josef (referee) ; Dvořák, Tomáš (referee)
The thesis entitled Flat Co-ownership focuses primarily on the selected areas of flat co- ownership under Act No. 89/2012 Coll., The Civil Code. The first chapter of the thesis concerns the genesis and evolution of flat co-ownership in order to outline both the socio-political context of flat co-ownership and issues that occur throughout the whole thesis. The second chapter examines the issue of the principle of superficies solo credit, also known as the superficial principle, which is closely connected to flat co-ownership and its development. The issue of the principle of superficies solo credit is relevant primarily because it is newly introduced in Czech civil law with the entry into force of Act No. 89/2012 Coll., The Civil Code, although this principle dates back Roman law. In the context of flat co-ownership, an important exception to the principle of superficies solo credit is the right to build. Therefore, this chapter also deals with the right to build and with historical development of the right to build and its concept in France and Russia. The chapter concludes with a discussion of the issues arising in connection with the application of the principle of superficies solo credit to flat co-ownership under Act No. 89/2012 Coll., The Civil Code. In the third chapter, we focus on the...
Lease of the business premises
Danielová, Magdalena ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
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 six 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, including the comparison with the preceding term "non-residential premises" and emphasizing the...
Civil Law Aspects of Medical Research
Šolc, Martin ; Salač, Josef (advisor) ; Van Beersel Krejčíková, Helena (referee) ; Sovová, Olga (referee)
Civil Law Aspects of Medical Research Abstract Under Czech law, medical research on humans is divided into three branches: clinical evaluation of medicinal products, evaluation of medical devices, and evaluation of new procedures not yet introduced in clinical practice. While the first two mentioned types of research are regulated in great detail, the legal regulation of the evaluation of new procedures in the Act on Specific Health Services is significantly less extensive. In addition, new methods are still routinely introduced into clinical practice outside of the formalised evaluation regime according to the aforementioned law. As a result, both health care providers and individual physicians face legal uncertainty regarding potential liability for harm arising from the implementation of new methods. This work is focused on civil liability in the subject context. In the first part of the thesis, as a normative basis for the evaluation of the legal regulation and its interpretation possibilities, we define the aim of law as preservation and strengthening of social cohesion. The related fundamental values this thesis is based upon consist in the limitation of judicial power in questions of a political nature, as well as the principle of trust, according to which the legal regulation of medical research and...

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