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Unit owners association as a subject of law
Vrobel, Rostislav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis is to describe unit owners association as a subject of law in the Czech Republic. It focuses on analysis of the most significant problems of the current legal regulation in the Act No. 72/1994 Coll., on apartment ownership. It also concurrently reflects the legislation in the new civil code, in which is the apartment ownership incorporated. The subject of thesis was selected because of its actuality in the professional literature and in the daily life. The issue of the unit owners association affects more and more inhabitants because of its mandatory membership and increasing amount of apartment owners. This dissertation consists of six individual chapters. Each chapter looks at the basic principles of the unit owners association and contains subchapter reflecting legal regulation in the new civil code. The first chapter concentrates on the legal regulation of the unit owners association. It looks at the most significant changes in the apartment ownership legislation, which have constituted unit owners association as a legal person. It also includes basic analysis and classification of amendment to apartment owners legislation in the new civil code. The second chapter looks at the legal status of unit owners association. It describes its characteristics as a person of law,...
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Protection of personality rights in relation to media
Šedo, Jakub ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with cases of conflicts of personality rights with the activities of the media, which representing the exercise of freedom of expression and right to information. It focuses primarily on answering these questions: how is the personality of individuals protected against unauthorized interventions of media in our legal system, what is considered as appropriate and what as an inappropriate interference with the personal rights of individuals and whether an individuals in whose personal rights have been infringed by the media, can obtain adequate reparation for the harm that was caused them by unauthorized intervention. The thesis is divided into six parts. The first part is the introduction, which describes the main focus of the work and questions with which the work deals. The second part is devoted to a treatise on the general format of personality rights according to the general rules contained in Law No. 40/1963 Coll., The Civil Code. The third part of this thesis deals with ways how are the personality rights protect in the media rights standards contained in media law and it also describes the most common forms of interferences between media and the personality rights of individuals. Because in the course of making this work took effect the new Civil Code No. 89/2012 Coll. The...
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Determination of parenthood
Kozáková, Lenka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Establishing parentage The subject of this master thesis is the issue of establishing parentage. The thesis targets areas of establishing parenthood, issues of three legal presumptions and last but not least, parenthood denial. The question of establishing maternity is examined mainly from perspectives including surrogate maternity, assisted reproduction method and secret and anonymous delivery. All matters are reviewed based on the valid amendment to Act No. 89/2012 Coll., the Civil Code that has come into effect on 1.1.2014. The goal of the thesis is it to introduce, describe and analyze the new amendment to the Family Act. Further, it aims to compare individual institutions with respect to changes made to the Family Act in the past and those made as a part of the new amendment. The thesis consists of eight key chapters. The initial chapter targets relationships among parents and their children, protection of children's legal rights as well as a child's right to know its biological origin. Following, the second and the third chapters concentrate in depth on legislation of the paternity establishment per se. While the second chapter covers the historical development of the legislation from the ancient Rome era until present, the latter chapter intends to introduce the legislation from domestic,...
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The issue of causality in the suits for damages
Kafková, Eliška ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The issue of causality in the suits for damages The subject of this thesis is the issue of causality in disputes relating to compensation for damage to health. Causation is a considerably miscellaneous institute, therefore, this paper deals with various aspects of this topic and its context. The writing focuses on cases in which damage was caused to health through providing health services, as this legal field is characterized by many specifics from other areas of liability. Firstly, the thesis aims at explanation of the concept of causation, its importance and development not only in law but also in other areas of human activity. Subsequently, the attention is focused on the significance of causation in law; after theories of causation are compared, its substantial features are described in comparison to the other elements of liability. Consequently, the work concentrates on processes through which the causal link is determined, on the selection of relevant causes and consequences and the relationship between them in cases involving their plurality. It does not forget to mention the importance of causation in the context of strict liability, particularly in its specific cases relating to the provision of health services. The core of this work is the issue of causation in disputes in which the...
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Flat Owners Association in the Civil Code No. 89/2012 Sb.
Smrž, Ivo ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The reason why I chose this topic for my master's degree thesis is its currency, which results from the recodification of the Czech civil law. The topic is also interesting and useful. I also live in two Flat Owners Associations (FOA), so it may have influenced my option. The aim of the thesis is to describe and explain the basic institutes of FOA. I put some emphasis on its bodies, while trying not to avoid the interpretative disputable areas. I will be grateful if this thesis helps some FOAs in their everyday problems. The thesis is divided into twelve chapters. After the introductory, theoretical and historical chapters, there follows the fourth chapter, which deals with the two fundamental terms - the administration of the house and the common parts of the realty. The fifth chapter describes FOA as an artificial legal person. It also deals with the founding and establishment of FOA. The next chapter focuses on the articles - the very important instrument for FOA's operation and management. The seventh chapter characterizes the rights and duties of the owners of the flats. The bodies of FOA and the judicial intervention into its decision-making process are analyzed in chapters eight and nine. The task of the tenth chapter is to describe the special form of (the) decision-making of the owners of...
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Marriage
Zemánková, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Marriage The aim of this thesis is to describe legal institution of marriage - from the conclusion of marriage to the ending of it - according to the current legislation. I compare main changes introduced by the new Civil Code with legislation before 1st of January 2014. The reason I chose this topic was the fact that institute of marriage affects everyday life of almost every individual. My thesis is composed of five chapters. Each of them deals with different aspects of marriage. Besides these five chapters this thesis includes Introduction, Conclusion, Index of Appendices and the List of Bibliographical References. Chapter one concentrates on the most important changes in the Family law area during the modern history, including recent recodification of private law. This chapter also contains summary of the main legal sources of marital law and examines the term marriage itself and its purpose. Chapter two focuses on the conclusion of marriage. Main focus is on engagement, the actual process of marriage, the purpose of marriage, proceedings preceding the conclusion of marriage and the types of forms of marriage. Conclusion of marriage based on extraordinary situation, qualifications to conclude marriage and its legal impediments are also discussed. Chapter three discusses putative marriage and...
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Lease of a residential premise
Fišpera, Jaroslav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of my thesis was to describe the legislation regarding the lease of an apartment, as it is included in the Act No.89/2012 Coll., the civil code. The new civil code brought a lot of changes into the Czech legal system. The changes affected lease of an apartment as well. In my thesis I also adress the legislation of recent past, as it is vital to compare it to the new one. Thesis itself is divided into seven chapters and they are divided into subchapters. In each charter I will describe the new legislation with occasional remark to the recent one. In chapter one I describe the development of the legislation of the lease of an apartment, from the roman era, through middleages, modern codes of law, all the way to current state. The second chapter is focused on the definition of key legal institutes regarding lease of an apartment. It is crucial to define these institutes as they are vital for understanding of the whole legislation. In the third chapter I describe ways in which the lease of an apartment can come into existence. I mostly compare the old legislation with the new one. Chapter four is focused on rent and other payments related to the lease of an apartment. I describe how the rent is defined either in civil code or in other legal acts. In charter five I analyze the rights and...
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Determination of parenthood
Kostěncová, Jana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The topic determination of parenthood today is very actual nowadays and it is not possible to neglect its importance. Changes taking place both in the social life of modern times, and in the field of medicine is necessary to constantly reflect and to adapt them to the legal order. Concepts such as assisted reproduction, surrogacy, concealed birth and baby-boxes are a common part of human society and it is not possible to avoid dealing with the situation around them. The aim of this thesis is to summarize the Czech legislation of determination of parenthood, to mention problematic situations that may arise in connection with it and describe possible solutions to these situations. The another aim then is to acquaint the reader with the newly developing institutions, such as assisted reproduction, surrogacy, concealed birth, baby boxes, etc., and analysis of their current legal status supplemented by comparison of legislation in other European and non-European countries, which could serve as inspiration for future development in the Czech legal order. The first chapter deals with family law, family and relationships between parents and children both from a theoretical and historical point of view. The second chapter is devoted to an overview of the most important changes...
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Material satisfaction of immaterial loss in czech private law
Čuříková, Pavla ; Švestka, Jiří (advisor) ; Salač, Josef (referee) ; Vychopeň, Martin (referee)
Material satisfaction of immaterial loss in Czech private law (summary) The purpose of my thesis is to analyze the moral and material satisfaction in Czech civil law. I wanted to provide a deep interpretation of these institutes which represent an important phenomenon in our time. The importance of protection of personality increased in the 20th century in connection with development of human and personal rights. In last years also according to mass media and global society. My aim was not only to give the interpretation of basic institutes and instruments of protection of personality but also to show more extensive circumstances of this topic, set into relevant judicial cases and European aspects. I quit the part regarding constitutional law which creates a basis for another law adjustment and other basic grounds because I have already dealt with them in my previous dissertations. Chapter one attempts to provide an introduction to the topic of my dissertation giving overview of all chapters. Chapter two and three are denoted to the basic institutions relating to the protection of personality, moral and material satisfaction. They show the meaning of the institutions and also give readers the introduction to these problems. Chapter four provides an important introduction to the history of protection of...
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Request for termination of life in Benelux countries from the perspective of civil law
Lutonský, Tomáš ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Request for termination of life in Benelux countries from the perspective of civil law The master's thesis is about euthanasia which is known as one of the most controversial and discussed topic in the world of law and medicine, especially termination of life on request. The aim of this work is to innovatively interduce unique legislation of termination of life on request in Benelux countries from the perspective of civil law because I am convinced of its importance despite being overshadowed by the meaning of criminal perspective. In a first chapter the terminology, definition and theory dividing will be explained. The other terms which are connected with the things above are the content of this part as well. The human rights related to euthanasia are discussed in next part of this work. Benelux countries have their own euthanasia enactment - this is what third chapter is about. Next part shows in-depth analysis of due care criteria which are countained in second chapter of Termination of life on request and Assisted Suicide Act. Fulfilment of these is one of criterias needed for impunity of the executor of termination of life on request. Fifth chapter is a key part of this work for civil law perspective because of legal requirements for request itself. It also describes related institutes -...
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