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Marriage
Daňková, Jana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
70 ABSTRACT The topic of my Master's degree thesis is institution of "Marriage". I chose this topic because I am interested in family law and I would like to be an attorney focusing on this area of law in future. I also think that marriage is an important legal and social institute, which proves its long-standing history. This thesis reflects the historical development of the law but it mainly deals with legislation in force. Specifically it deals with the origin of marriage, dissolution of marriage and the legal consequences that legal negotiation brings. I also pay attention to the legal regulation of rights and responsibilities of spouses. The thesis is divided into five chapters. The first chapter is dedicated to an introduction. The next three chapters deal with the actual institution of marriage and its aspects. The fifth and last chapter is the conclusion. In addition to these chapters thesis contains the Content, the Bibliography and the Annexes. The second chapter describes the historical development of legal regulation of marriage. This chapter is divided into two subchapters, the first of which is devoted to marriage in Roman law and the other depicts the development of legislation marriage on Czech territory. Chapter Three discusses legislation in force of marriage in the Czech Republic and...
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Compensation of damage under civil law
Barňáková, Lenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This master's degree thesis refers to legal regulation of the compensation of damage under civil law. The main purpose of my thesis is to analyze and evaluate current Czech legal regulation of the compensation of damage in civil law. The interpretation is based on regulation in the Civil Code, namely Act no. 40/1964. Coll., as amended, whereas deviations arising from commercial and employment compensation regulation are omitted. The paper offers an overview of the opinions of the leading legal experts on fundamental issues of compensation. The interpretation includes analysis of relevant decision-making practice of courts and a comparison with the legislation in projects of European tort law. The thesis also contains an overview of the most significant changes brought by the forthcoming new Civil Code, in case it is adopted. The thesis is composed of nine chapters, each of them dealing with different aspects of the matter. The first chapter is introductory. It is followed by the second chapter named "General characteristics of liability for damage" which includes definition of legal liability, outline of historical development of the legislation in our country, its current and future forms and functions of compensation. Chapter Three focuses on the analysis of general assumptions of the liability, including...
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Community property of spouses
Krajíčková, Monika ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The present thesis is called the community property of the spouses regulating property relations between spouses. It is divided into seven chapters, the first chapter is an introduction and the last conclusion. It discusses the historical development of the law, since the Roman law to the current legislation. Another chapter is devoted to defining the concept of community property of the spouses, its origin and content, including its use and administration. The following describes the modification of community property of the spouses and is worked out in detail his demise and settlement. The fourth chapter is devoted to legislation enshrined in the New Civil Code, which becomes effective on January 1, 2014. Finally, it describes the bond of community property of the spouses to private international law and a comparison of the arrangements of community property of the spouses in selected European countries.
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Protection of personality
Jechová, Eva ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The topic of my rigorous thesis is the issue of the protection of personality. The area of the protection of personality is very diverse and it is rightly considered one of the most important areas of civil law. Personal rights constitute a broad set of rights, which comes to the fore particularly in advanced societies based on pluralistic democracy and free markets. Values which form the personality of each person are significant enough, that their protection fulfills in the democratic state respecting the rule of law irreplaceable role. These rights to the protection of personal rights are not yet nowhere deeper comprehensively codified and their legal regulation is found in different legislation, ranging from constitutional law, as well as in many international treaties, and also in the Civil Code, the Law on Personal Data Protection, the Law on Broadcasting, Criminal Law and many other laws. Inalienable role in the promotion and protection of personal rights jurisprudence holds. With effect from 1st January 2014 there occurred a major change in legislation, inter alia, in the field of the protection of personality when became effective the Act no. 89/2012 Coll., The Civil Code. In my rigorous thesis I analyze the basic legal concepts related to protection of personality due to the change in...
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Contract for the assignment of a claim
Klíma, Lukáš ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The purpose of this thesis is to try to provide comprehensive analysis of the recent legislation of contract for the assignment of a claim, compare it with former legislation, critically evaluate changes that new civil code bought to contract for the assignment of a claim and find solutions for selected legal problems that acceptance of current legislation brought to experts. The thesis is systematically divided into seven chapters. First chapter briefly define the concept of obligation and is dedicated to changes in subject of obligations based on the will of the parties. The second chapter analyses the historical development of assignment of a claim. In first part attention is paid to genesis of Roman law cessio, in later parts it analysis civil codes effective in Bohemia which contained legislation of assignment of a claim. The third chapter is devoted to subject of assignment of a claim. It analysis what can be assign and what cannot be assign. Special attention is dedicated to assignment of future claims and assignment of group of claims. The fourth chapter is devoted to contract for assignment of a claim. It analysis form of contract for assignment of a claim and essential aspects of this kind of contract. The fifth chapter is devoted to parties of contract for assignment of a claim. It...
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Court deciding on the custody of a child with a special regard to selected institutions of civil law
Mazur, Jiří ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The court decisions on child's custody - summary The upbringing of children is one of the basic institutes of parenthood. As every legal institute even this one can be approached from different perspectives of legal regulation. This thesis is focused on aspects and consequences of court proceedings and decisions on the child's custody issues in relation with the divorce or separation of parents - as regulated in Sections 26 and 50 of the Act no. 94/1963 Coll., Family Act, as amended. I have chosen this particular topic for personal reasones. From the formal point of view, the thesis is divided into six chapters. In the first chapter, sources of the law and main terms are defined. Furthermore, the current legal regulation of the court's decision on the child's custody is compared to the legal framework, which is yet to come into effect, and in a more details the judicial application of the regulation is analyzed considering the legal and factual relations with the divorce and the parents separation. The second chapter and the third chapter are focused on the outline of the substantive law - the second chapter on the current legal framework, the third chapter on the rules set down in the new civil code. The fourth chapter contains the overview of the procedural regulations and institutions. The fifth chapter...
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Community property of spouses
Jandová, Jitka ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
Cílem této práce bylo přehledně vyložit platnou a navrhovanou právní úpravu institutu společné jmění manželů, zamyslet se nad jeho fungováním v praxi a na základě poznatků ze studia této problematiky se rovněž pokusit obě právní úpravy komplexně zhodnotit. Mým úkolem nebylo detailně se zaobírat obecnými zásadami, na nichž bude nový civilní kodex vybudován, ani podrobně rozebírat důvody, které vedou zákonodárce k záměru zcela přehodnotit dosavadní koncepci jak občanského zákoníku, tak celého soukromého práva. Takový výklad by přesahoval rozsah a možnosti mé diplomové práce, proto jsem se zaměřila jen na úpravu otázek týkajících se majetkových vztahů mezi manžely. Svá stanoviska jsem zaujímala vždy s výkladem příslušné materie v jednotlivých kapitolách, proto se v následujících řádcích omezím již jen na stručné shrnutí objasňující potřebu přijetí nové legislativní úpravy. Optimální způsob právní úpravy manželských majetkových vztahů se hledá jen obtížně, stejně tak jako je velmi obtížná a složitá samotná problematika týkající se institutu SJM. Taková úprava by nepochybně neměla být příliš komplikovaná, zbytečně podrobná či nesrozumitelná, jelikož by tak mohla vést až k negativnímu hodnocení manželství jako takového. Na druhou stranu by však neměla být ani příliš kusá. Společnému jmění manželů je v občanském...
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The relationship between liability for damage and liability for defects
Valachovičová, Petra ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Résumé My diploma is focused on mutual relationship between the title from liability for damage and the title from liability for defect. Firstly, I tried to explain every institute separately and in the end of my work I dealt with their interrelation. In the first Chapter I outline a picture of civil liability in the level of juristic theory and I bring a view on the origin and content of civil liability. In this Chapter I point out that the understanding of the term of civil liability is non-uniform, which leads to serious opinion fragmentation. One of the main tasks of the legal order is to ensure the protection of the society and individual from the conception of damage with the aid of legal rules together with coercive state authority. It means that the protection of their health, property, as well as nature and the environment should be provided. Legal order realizes this task through the prevention of damage conception, what was the object of the second Chapter. I place emphasis on general and special prevention and I clarify in what they vest. General duty prevention imposes to everybody to act so, that no damage to health, property, nature or the environment will happen. Subsequently, special duty prevention imposes to the person, who possesses the risk of damage, to act within the context of its...
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