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Selected topics concerning immovable property and its disposition in amended Czech civil law legislation
Kolban, Petr ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The present doctoral thesis is aimed at selected questions related to the specification of real estate and the property rights associated with it. Taking into consideration legal acts of obligational character (e.g. rent), it profoundly analyzes the European dimension affecting the management of immovable property as well as provides a comparison of the recent case law, a topic covered in individual parts of the text, while evaluating the applicability of these judgments in the future, that is, in relation to the current Civil law. Following an introduction defining the main objectives of the paper, the second chapter is dedicated to the characterization of some basic questions associated with individual kinds of immovable property, which, apart from taking account of the individual innovations (some of them re-established) contained in the Code, allow for the impact of previous derogated legal rules on the application of individual amendments proposed by the law (e.g. the re-establishement of the superficies principle). The next chapter examines, besides the basic components and kinds of possession, the essential innovation of the Civil Code, that is, the possessory protection. In relation to this, the chapter also gives an interpretation of two related institutes, namely the institutes of unauthorised...
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Right to Have Children and Cross-border Reproductive Care
Roubíčková, Nikol ; Salač, Josef (advisor) ; Šustek, Petr (referee)
and Key words Title - Right to Have Children and Cross-border Reproductive Care Key words - cross-border reproductive care, reproductive tourism, assisted reproduction, access to reproductive care, causes of cross-border reproductive care, consequences of cross-border reproductive care, law evasion, right to procreate, right to have children Abstract - Children give a meaning to man's life. In today's world where more than 10 % of women suffer from infertility, assisted reproduction treatment (hereinafter referred to as "ART") occupies an important place. The topic of human reproduction is particularly delicate. There is no consensus on which ART methods are ethically acceptable and to whom ART should be provided. Therefore each and every state holds its own position in these matters. Difference among legal approaches results in patients seeking desirable treatment abroad. According to available data, most of the ART recipients travel abroad in order to evade legal barriers in their state of origin. Although in the most cases the ART abroad does not constitute any difficulties, in some cases problems may arise in connection with the treatment. States may try to prevent patients from traveling abroad in order to obtain the ART. They may try to protect themselves by refusing giving effect to legal...
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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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Legal protection of the tenant
Koubek, Jiří ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis examines legal protection of the tenant. With respect to a limited extent the thesis focuses only on the selected issues that are significant from a perspective of tenant. The topic was chosen because of the fact that tenancy is one of the most common legal relations with an important social aspect, because many people fulfill their accommodation requirements through it. The new Civil Code, effective as of 1.1.2014, brought many major changes that could have real impact on tenants' lives. The main purpose of this thesis is to analyze these changes and compare them with the previous legal regulation. Moreover, this thesis tries to identify problematic provisions of the new Civil Code and provide the readers with a practical advice and recommendations as well. From the structural point of view the thesis is divided into chapters, each of them focused on different issue. The first chapter briefly describes what residential lease is, shows its principle features and finally deals with the protective character of the legal regulation. The second chapter focuses on the rights and duties of the contracting parties. Running a business in an apartment is described as well as the apartment maintenance. The chapter number three draws an attention to a renting to the pet owners and provides with a...
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Causation and foreseeability in private law
Vlčák, Martin ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Causation and foreseeability in private law The issue of this thesis is the causation and foreseeability in private law. The aim of this diploma thesis is to provide comprehensive view of both presented legal institutes and their significance in law. This thesis especially focuses on detailed analysis of procedure of proving the causation and introduces the most significant issues arising from this proceeding. Introduction is aimed at the function and especially at detailed definition of the term causality not only in law, but also in the area of natural sciences. It defines the term foreseeability in the same way. Moreover, it defines conditions that considerably affect foreseeability. Consequently, it aims to provide the relation between foreseeability and causation. This thesis also deals with the significance of causation from the perspective of legal liability. In this context, it mentions the issue of causally relevant conditions. On this basis, this paper tends to its core which consists of detailed analysis of methods of proving the factual causation. Universally accepted method of proving factual causation is considered the 'conditio sine qua non' test. However, this test is found to be ineffective in cases of causal uncertainty. Therefore there are more effective instruments for equitable...
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Civil liability in medical law
Saidamová, Suzan ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract Thesis title: Civil Liability in Medical Law The main topic of this thesis is to analyze individual cases in czech medical law after the civil law codification. I would like to perform complete concept of civil liability in medical law, especially the liability for the damages. Different types of civil liability will be eleborate in detail, mainly though scientific literature and case law. The thesis consists of seven chapters. In the first chapter, I describe medical law in historical context relevant for the topic and also I introduce current legislation of medical law at all hierarchical levels included international agreements. In the second chapter, I desribe one of the most important concepts in medical liability law - concept called lege artis. The next chapter gives a brief introduction in the healthcare issues and is divided into several subchapters. In first three chapters there are also define the basic terms about health and disease. The fourth and fifth chapters are devoted to the actual liability for damages. The sixth chapter deals with civil protection of doctors and other medical employees. The last chapter is summary. It is evaluation of selected issues in health care. The aim is to introduce a new law conception and present particular types of obligation to compensate. The new...
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Legal aspects of assisted reproduction
Thalerová, Nicol ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Reproductive Medicine currently represents one of the fastest growing medical fields. The birth of Louise Joy Brown as the first baby conceived in vitro fertilization or in vitro, is considered being the historic milestone in development of the treatement methods in assised reproducion. Ethical discussions regarding the admissibility of these methods have developed as a result of technological advance of the infertility treatment. Adequate response of applicable law was required on the currant state of medicine which resulted in the need to regulate legally this field whether it's about establishing of assumption of fatherhood with regard to determination of fatherhood of a child conceived through artificial insemination, as well as determination of the basic conditions for the access to assisted reproductive techniques. Originally, the legislation of artificial insemination was defined only in the implementing regulation of the Ministry of Health, as the reproductive technologies were entirely new area. Today, the area of assisted reproduction is regulated in Act no. 373/2011. This thesis deals with the regulation of the assisted reproduction and it focuses on the controversial methods and procedures which are based on child sex selection, gamete donation and donor anonymity and also it deals with...
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The law and the protection of a physician
Cyrányová, Lucie ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This master thesis deals with the medical law specifically protection of doctors that Czech legal code provides. The goal of this thesis is to highlight doctor's rights in relation to patients. My thesis contains nine chapters which are divided into subsections clearly. First I defined legislation of medical law and doctors. In the next part I focus on the issue who can practice as a doctor and what conditions he/she has to fulfill. The new definition of the appropriate professional level is very important for the profession of doctor. This procedure is called lege artis. The entirely third chapter devotes this issue - I also deal with opinions of experts who assess whether the provided medical service fulfills all aspects of the lege artis. Further chapter describes the relationship between doctor and patient and the changes that have been observed in recent years. Following chapters are the most important ones. They outline the specific rights and different ways how to protect doctors. I tried to present legal instruments which are not primarily created to protect doctors however they provide this protection and are very important for their profession. I put an emphasis on issues of compulsory confidentiality and in particular on exceptions when a doctor can disclose information about a patient...
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Mode and scope of damages
Janurová, Petra ; Thöndel, Alexandr (advisor) ; Salač, Josef (referee)
in English This diploma thesis deals with the manner and extent of compensation for damage in civil law, which is systematically included in the fourth part of the Civil Code, entitled Relative property rights and in section named Obligations arising from torts. Specifically, the manner and extent of compensation for damage is defined in articles from 2951 to 2971. The thesis contains basic comparison of the conceptions of the manner and extent of compensation in the former Civil Code and in the new one, with emphasis on the most important reforms. It clarifies new terminology and describes the background of the newly established rules of law. It contains an analysis of the Czech legislation and its comparison with legislation of the neighboring states. It also mentions the European conception of the manner and extent of compensation for damage. The system of the thesis follows the organisation of the provisions on the manner and extent of compensation in the new Civil Code and is also divided into three chapters. The first one deals with compensation for material damage. Its main issue is the manner and extent of the material compensation and the conditions for its reduction. It also contains a provision on compensation for damage caused by an intentional criminal offence and rules for determining...
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