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The Supreme Administrative Court of Czechoslovakia - its formation and development
Kučera, Miroslav ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
This thesis deals with the formation and development of the Supreme Administrative Court of the Republic of Czechoslovakia. Given that this institution in our country was built on similar principles as the previous administrative court in Vienna, there is a part of the work given to the development of Supreme Administrative Court in Vienna and also briefly discusses the development of directions of administrative judiciary in Europe, because only in mutual relations you can understand why after an establihment of the independent Republic of Czechoslovakia, the concept of the Supreme Administrative Court in Vienna used in our conditions as well. In particular, thanks to this and the legislative framework, the Supreme Administrative Court of Republic of Czechoslovakia could be constitued in a very short time after the establishment of the Republic of Czechoslovakia. The following is gradual evolution of the court changes its powers and jurisdiction, including amendments to the Act made about him. In addition, this work also addresses the issue of the seat of the Supreme Administrative Court, staffing its decision-making.
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Methods of Treating Bankruptcy in the Era of the First Republic
Pavlík, Jan ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
RESUMÉ WAYS OF THE SOLVING OF THE BANKRUPTCY IN THE "FIRST-REPULIC ERA" This work offers close look on the ways, in which bankruptcy was solved in Czechoslovakia between both World Wars. This period was very interesting from social and economic point of view. During this time was rise substituted by recession. Except from this, with the formation of the independent state a great normative effort was on the rise too. Problems of solution of bankruptcy in so called "first-republic era" are introduced by brief description of historical development, which is mentioned to remember some elementary legal institutes, on which the bankruptcy law is based up to these days. During the work on this text of lead experts of the period in this branch were critically compared in order to realize the positives and negatives of the then regulation in the view of the praxis due to their opinions and possible conflicts as well as the way, in which the juristic theory and normative might reacted on the practical problems and public meaning. Studying of the Explanatory memorandum for the bill of the Act No. 64/1931 Coll., on bankruptcy, composition and resistance, helped a lot in this effort. The analysis of this Act is the axis of the work. Both the mentioned Act and the former Austrian regulation were compared as well as the...
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Constitutional development of the Francist Spain
Vavrušková, Magda ; Seltenreich, Radim (advisor) ; Skřejpková, Petra (referee)
Constitutional Development of the Francoist Spain Summary in English The aim of the thesis is to describe political regime, legal order and especially the constitutional laws applicable in Spain during the governance of Francisco Franco Bahamonde between the years 1936 and 1975. Franco took part in the military uprising against the Second Spanish Republic and soon became the leader of the nationalist troops. As the head of state he constructed a "New State" inspired by the fascist, falangist and traditionalistic ideas. Under the influence of international circumstances after the Second World War he was forced to change his allies - Mussolini's Italy and Hitler's Germany was replaced by the United States - but his autocratic regime did not change a lot. It was still him who disposed of the unlimited power and whose status was unchangable. The free competition of the political parties was disabled as the only legal party was Francoist FET y de las JONS (later known as National Movement). During his reign Franco adopted seven constitutional laws which confirmed human rights and ideological principles of the regime and organized the state administration and public authorities. First of these laws was Labour Charter, adopted in 1938, followed by Law on the Cortes in 1942, Charter of the Spaniards in 1945, Law on...
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Protectorate Governments and their Legislative Activities
Obermajer, Pavel ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
Zusammenfassung Die Diplomarbeit "Die Protektoratsregierungen und ihren legislativen Tätigkeiten" zielt darauf ab, den Leser mit den Aktivitäten der einzelnen Protektoratsregierungen im zeitgenössischen Kontext und mit deren Gesetzgebungstätigkeit zwischen 15. 3. 1939 und 5.5.1945 vertraut zu machen. Die Arbeit ist in drei Teile gegliedert. Der erste Teil trägt den Titel "Historische Pfad zum Protektorat Böhmen und Mähren". Dieses Kapitel ist in zwei Teile geteilt. Der erste Teil beschäftigt sich mit dem Ende der zwanzigjährigen Existenz der Tschechoslowakei auf der Grundlage von Verhandlungen von vier europäischen Mächten auf der Münchner Konferenz. Das zweite Kapitel beschreibt die Entwicklung und die Wende in der Politik der neuen Regierung mit Orientierung auf Nazi-Deutschland. Im zweiten Kapitel "Anfang des Protektorats" werden in ihrem ersten Teil die Nachtverhandlungen von Emil Hácha in Berlin und die gleichzeitige Sitzung der Regierung in frühen Stunden des 15. März 1939 beschrieben. Die Abgrenzung der Hauptproblematik des zweiten Teils dieser Kapitel ist der staatsrechtliche Status und vor allem die Analyse Hitler Verordnung vom 16. März 1939 über die Errichtung des Protektorats Böhmen und Mähren. Der Kern der Arbeit befindet sich im dritten Kapitel genannt "Protektoratsregierungen". Dieses Kapitel...
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The operation of political committee in the period of the so-called Legal Biennial
Frantalová, Anna ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
The thesis called The operation of political commitee in the period of the so-called Legal Biennial deals with the activity of political commitee, an especial authority subordinated to the Ministry of Justice, in the period of the so-called Legal Biennial, i.e. in 1948-1950. The main aim of the commitee's activity was to direct the drafts of new laws presented by particular expert commitees and to adjust ideologicaly its content. In the first part of the thesis, the author presents the period of so-called Legal Biennal and describes the procedure of creation the new laws and its passing in the National Assembly. In this part, the author also dealt with the establishment, competetions and tasks of the commission and afterwadrs she presents also its members and organisation of the commitee's activity. One of the results of the author's work is also a tabular survey of the commitee's meetings including the attendance and discussed topics. The second part of the thesis is oriented to legal questions discussed by the commitee on its meetings, arranged in thematic order and on the influence of the commitee on the final wording of presented laws. Finally, the author presents some of the main members of the political commitee who significantly influenced its operation.
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Political trials in the 1950s in Czechoslovakia (the case of Babice)
Jíša, Jan ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
Political Trials of 1950s in Czechoslovakia - Babice Case The goal of this thesis is to describe political trials in wider context and discuss in detail about one of the greatest trials- Babice trial. In the present thesis is mapped political- history development in postwar Czechoslovakia until the revolution in 1948, analysis of key legal norms adopted after the February based on which was possible to hold political trials, classification of political trials and detailed analysis of Babice trial. The thesis is systematically divided into three chapters. The first chapter splits into two subheads. In the first subheads is discussed the political situation in postwar Czechoslovakia, formation of the first postwar government and gradual take-over by Communist Party which culminated into coup d'état in February 1948. The second subhead is dedicated to major changes in legal order and justice where was the most important that norms which was the basis for holding of political trials. The second chapter contains the characteristic of political trials, description of generation mechanism, incl. authority which has crucial impact on their actions, followed by the division of political trials according to involved groups of people. The most extensive part of whole thesis is third chapter where is analysed...
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The duel in Czech law
Jindříšková, Eliška ; Starý, Marek (advisor) ; Skřejpková, Petra (referee)
The purpose of the thesis is to analyse the law approach to duels in Czech law history and by analysis of selected legal texts to confirm the hypothesis that rather than idea of social development with ideas of humanity it is the fact that duel by its nature is competing with the law that determines the prevailing law approach to duels and the progress of this approach. This matter, the law approach to duels changing dynamically in history, is observed particularly from a law-giver point of view. The thesis consists of eight chapters, including introductory and ending part. The division into chapters is made chronologically with respect to prevailing law approach to duels (with the exception of the first and second chapter). In Introduction are briefly listed and evaluated works dealing with the abovementioned matter as well as introduction to the methodology used in the thesis. Chapter One examines meaning, origins and development of meaning of the word duel ("souboj" in Czech) and its equivalents. Chapter Two deals with origins of the duel. It is divided into two parts. Part One presents the main approaches in recent literature to the matter of duel origins. Part Two focuses on one of the most important sources of duel - a feud. Chapter Three is addressed to the duel as a part of legal...
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Nationalization and confiscation between 1945 and 1948
Holfeld, Christian ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
The diploma thesis deals primarily with the so-called first stage of the nationalization process in Czechoslovakia, which took place between 1945 - 1948, and the post-war confiscations of the same period, as well. The objective of the thesis is particularly to describe and analyze the then relevant legal regulations and place them adequately in the historical context. The content of the five thematic chapters is adapted to this topic. First, it attempts to define the basic concepts of nationalization, appropriation, socialization, expropriation and confiscation. Subsequently, it examines the basic historical roots of the concept of nationalization. It does so especially by comparing the approaches to proprietary rights through the prism of two dominant ideologies, namely liberalism and socialism. The core of the thesis consists of the nationalization and confiscation decrees themselves and the issues related. The National Institute of Administration was closely associated with this issue, as well. From the legislator's point of view, it was also necessary to distinguish which assets were to be confiscated and which, on the other hand, nationalized. The film industry first, followed by mines and large industrial enterprises, the food industry, banking and insurance companies were subject to...
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Constitutional development of selected Central European countries in 1945 - 1990
Sehnal, Ondřej ; Šouša, Jiří (advisor) ; Skřejpková, Petra (referee)
Constitutional development of selected Central European countries in 1945 - 1990 Abstract This diploma thesis deals with the constitutional-law development of selected countries of Central Europe, namely the development in the German Democratic Republic, the Federal Republic of Germany and Poland, from 1945 to 1990. The thesis captures significant changes in the field of constitutional law in these countries and tries to put them into the background of social events and moods of the time. After an initial outline of the social situation after the end of the Second World War, the work deals with the situation in post-war Germany, the division of its occupation zones including the circumstances that preceded the division, and then the emergence of political parties in each zone. The third chapter deals with the development in the Federal Republic of Germany. It analyses the establishment of the Basic Law and the Republic itself and describes in detail the constitutional framework formed by the Basic Law, not forgetting the occupation status and the general treaty. The conclusion of this chapter belongs to the amendments to the Basic Law until 1990. Developments in the German Democratic Republic are dealt with in the fourth chapter. It analyses in detail the constitution of 1949, as well as its changes and...
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