|
|
Dealing with real estate in theory and case law
Postránecká, Romana ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
Nakládání s nemovitostmi v teorii a soudní praxi Romana Postránecká ABSTRACT (EN) This work is dedicated to a selected range of issues concerning the problems of dealing with real estate. The focus of this work is the handling of material rights to real estate; out of the group of laws of obligations the work includes the issue of leasing real estate. The work is divided into seven chapters. The first chapter provides and introduction to the issues and deals with the systematic legal relationships to real estate. The second chapter addresses real estate transfers, in which the focus is on the present development of judicature in regard to the effects upon a third party of withdrawing from a transfer agreement. The third chapter discusses encumbrances and easements, their contents and comparison with public use like an institute of public law. The forth chapter handles the issue of real estate liens, including liens established within the scope of carrying out a court decision or distraint. The fifth chapter looks into leasing real estate, in particular the differentiation of legal regimes by which the lease agreements abide, according to the type of real estate in question. Despite the fact that the effectiveness of the new Civil Code (in the wording signed by the president of the Czech Republic) had been...
|
|
|
Joint ownership and its termination
Šafka, Václav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
117 Summary Šafka Václav, PhD thesis with theme: Joint ownership and its termination, civil rights department, tutor doc. JUDr. Josef Salač Ph. D., University Karlova, Praha, 2012, 117 pages. The thesis deals with a term "joint ownership"as a form of ownership in its entire scope, with focus on legal viewpoints of its termination, and follows these terms from Roman times through particular historical periods of Czech law: feudalism, the Austro- Hungarian Empire, the first republic, after the World War II period until the present times. It a separate chapter the thesis deals with the term, characteristics and categories of joint ownership and explains the term "joint ownership share". It describes tenancy by entirety and housing ownership as special forms of joint ownership. The thesis briefly and marginally touches upon joint owneship regulations in neighbouring countries. In a separate part of this thesis is described the institute of right of preemption and its use in joint ownership relations, it describes in detail particular phases of right of preemption execution in case of appropriation of joint ownership share. Further on are described different ways of joint ownership relationship termination, consequences of breaking this law and also its possible solutions using extensive judicature of civil...
|
|
|
Invalidity of Legal Acts in the Czech Law in Comparison with Law of Germany
Dosoudilová, Petra ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic "Invalidity of Legal Acts in the Czech Law in Comparison with the Law of Germany" has been chosen because of its importance in the system of the Czech Civil Law. Invalidity of legal acts concerns every subject and object of legal relationships. Nowadays this topic is also very actual due to the recodification of Civil Law which brings fundamental changes. Comparison with German legislation is very contributive thanks to its consistency during 20th century that is in contrast with inconsistency of Czech legislation caused by political changes (especially by 40 years of communism in the territory of the Czech Republic). The thesis is divided into six chapters and each chapter contains three parts. The first part deals with the old regulation under the Act No. 40/1964 Coll., the second one the new regulation under the Act. No. 89/2012 Coll. and finally the third one discusses the German regulation under the German Civil Code. The first two chapters are designed to provide an overview of mainly theoretical resources. The first chapter concerns with legal acts as the most important legal facts and their concepts. Requirements of legal acts, terminological and conceptual changes under New Civil Code and furthermore concept under the German law are described here. The second chapter deals with...
|
|
|
The concept of community property
Boltnar, Jan ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Rozehnal, Aleš (referee)
This submitted PhD thesis deals with a legal regulation of the community property in the light of current case-law. The thesis is composed except of the introduction and the conclusion of seven coherent chapters, the chapters dwell on the creation, subject and management of marital assets, and the modification, termination and settlement thereof are the core parts of the thesis. Furthermore, the emphasis is placed on those issues of proprietary relationships between spouses that may be encountered in the practice of law. In conclusion, the treatment of marital assets de lege ferenda is discussed in view of the new Civil Code. The PhD thesis was developed using legislation as at 1 September 2012, publications,articles published in professional journals and court decisions.
|
|
|
Determination of paternity
Vykydalová, Alice ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The thesis deals with parentage determination. At present, this issue is becoming more and more topical due to current diversion from traditional values, the traditional model of family in particular. The thesis concerns not only with the determination of paternity, but also with maternity determination, which is mentioned with regard to assisted reproduction and surrogacy. Emphasis is placed on both, current legislation and the new Civil Code coming into effect on 1 January 2014. The thesis is divided into eight chapters. The introduction discusses possible views on the concept of parenthood. Furthermore, it introduces the issue of parentage determination, especially in connection with the increasing number of children born outside marriage. The following chapter is devoted to legislative regulation of parentage determination itself. Firstly, it elaborates the history of such regulations with focus on Roman law and the Austrian Civil Code. Subsequently, it describes the current legislation and briefly comments on the new Civil Code, which is further discussed in the corresponding chapters. The third chapter examines the determination of maternity. Included are the issues of assisted reproduction and surrogacy, as well as anonymous and concealed births, which have become an important topic rather recently....
|
|
|
Legal aspects of abortion, sterilization and assisted reproduction
Melčová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Název diplomové práce v anglickém jazyce: Legal aspects of abortion, sterilization and assisted reproduction Summary: The thesis deals with the three topics from the field of medical law, particularly abortion, sterilization and assisted reproduction. The issue of giving birth is the key here. The new Special Medical Services Act regulating, inter alia, some aspects of sterilization and assisted reproduction came into effect in April 2012. The previous regulation of these matters was outdated and some legal issues were not tackled at all. The first part of the thesis focuses on legal regulation of abortion, which is contained in the act from 1986 and in the implementing legislation. Especially the conditions of intervention itself, payments and intervention on juveniles (under 18) and foreigners in the Czech Republic are tackled. The regulation of other countries is mentioned and compared as well. The second part of the thesis deals with the legal regulation of sterilization, conditions of sterilization and contraindication as well. The specific problem of illegal sterilizations of gypsy women in the second half of the twentieth century is pointed out. These disputes were present even before the European Court for Human Rights in Strasbourg. The methods of assisted reproduction, as a modern way of resolving...
|
|
|
Liability and Damages in Football - player, spectator, organizer
Šidliák, Jiří ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
- Liability and damages in football Sport is nowadays considered an activity that contributes significantly to cultivation of human potential, namely its both physical and mental part. Together with a lot of undisputed positives it also brings certain inconveniences. The main and the most common of them is the fact that doing a sport can often lead to an annoying injury. And this is the exact moment to ask delicate questions: What about liability? Where are its limits? Who compensates the victim for the damage? At the same time it is important to realize that legal liability in sport is not limited only to the sportsmen themselves. There are many cases in which founders of sports facilities, sports events organizers, their spectators, referees or officers were found liable. Since football is unambiguously the world's most mass-run sport, I have decided to focus solely on this sport branch in my thesis. I offer the view of this on one hand interesting, on the other hand very complicated issue from the player's, spectator's and organizer's point of view. Although there are many cases in the Czech and especially foreign judicature in which courts dealt with the matter of liability for damage incurred of not only sportsmen, but also spectators and organizers, there cannot be set any general procedure...
|
|
|
Termination of the flat lease
Švehla, Jiří ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of the thesis is the termination of the flat lease and the methods of termination with a deeper focus on the legal aspects of termination of flat lease by giving discharge to the tenant. At the same time the work concerns about other institues of substantive and procedural law which is directly related with this issue. The thesis is divided into eight chapters. The main topic is dealed in chapter four, five and the most comprehensive chapter six, which presents more than half of the whole thesis.
|
|
|
Contractual Fine
Švehla, Jan ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis is the institute of contractual fine according to the applicable adjustments in the Civil Code. In eleven chapters is analyzed the historical development of this institute, as well as recent regulation compared with the new Civil Code (Law No. 89/2012 Coll.) and foreign regulations of Austria, Germany, Switzerland and Spain. There is also dealed the issue of the amount of the contractual fine, as well as issue of entitlement to a contractual fine and other topics. Part of the work was also devoted to the relevant case law.
|
|
|
Determination of Parenthood
Šilarová, Věra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...
|
guest ::
RSS feed.