|
|
Illegal structure and legal relations arising from it according to Czech law, in comparison with German legislation
Pumprlová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with legal relations arising from illegal structures at the level of private law. In view of the fundamental changes brought to private law by Act No. 89/2012 Coll., the Civil Code, the author submits a critical view of the existing jurisprudence and current doctrines and opinions in literature, and, looking for German judicial practice and literature, seeks appropriate interpretative instructions, which are applicable to current legislation. The author also uses conclusions relating to the 1964 Civil Code and, in particular, to General Civil Code (ABGB), which are also applied in the Czech Republic and which is a great source of inspiration for the current legal regulation. The main chapter begins after the introduction in Chapter 1. The focus of this work lies in Chapters 2 and 3, which contain an assessment of the current legislation in light of the available literature and jurisprudence. Chapter 2 evaluates the Czech legal regulation after recodification, criticizing older case law and literature available so far and drawing conclusions from it which are applicable to the current legislative situation in the Czech Republic. Chapter 3 then deals with the German legal framework and points out its differences in relation to the perception of an unauthorized building in the Czech...
|
|
|
Rights of passengers in air transport
Škorík, Martin ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
75 Resume in English Name of the thesis: Rights of passengers in air transport The thesis deals with the legal regulation regarding the rights of the passenger in air transport, including the general regulation of the concluded contract of carriage and the practical possibilities of a passengers to apply their rights in specific situations. In addition to the legal regulation, a significant part of this work represents the judicature not only of Czech courts, but also of the Court of Justice of the European Union, and to a lesser extent, of German courts. In terms of the thesis, the legal regulation is analyzed and identified (in the rage of contract of carriage also comparised with the German legal order), and its problematic aspects are determined and de lege ferenda are presented possibilities for their solution. The main aim of the thesis is to elaborate the current practical and theoretical themes of "transport law" with emphasis on the person's air transport and then to analyze and systematically include concrete rights of a passenger in individual contexts. The thesis is split into four chapters, divided into other subchapters, whereat the first chapter defines basic terms for "transport law", categorizes the transport itself and defines the legal regulation for national, international and European...
|
|
|
Acquisition of property from unauthorized person
Talacko, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
In this diploma thesis, I deal with the institute of acquiring from unauthorized person., which is breaking of Roman principle nemo plus iuris ad alium transferre potest quam ipse habet. In English it means, that no one can transfer to someone else more rights, than he has himself. Also, the acquisition form unauthorized person is interfering to the constitutionally guaranteed rigth to own the property. Therefore the legislation must adequatly reflect this fact, but it has not always been so. In diploma thesis I deal mainly with the development of this institute, principles, which are connected with this institute and especially with the analysis and description of current legal regulation. The thesis is divided into four chapters and introduction. The chapters are further divided to subchapters, which deal with the theme in more detail. The work ends with conclusion. In the first chapter, I deal with the general issue of material rights. Then, I deal with the institute of ownership, its constitutional basis, the definition and also the ways, in which the ownership can be acquired. The second chapter is about the historical evolution of acquisition from unauthorized person. I analyze first the period of Roman law, and I emphasize the principle of nemo plus iuris. Than I continue through the...
|
|
|
Protection of a forced heir and his disinheritance
Vladyková, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance The protection of the forced heir has always been perceived as a clash of the will of the descendant and the principle of family cohesion. The objective of my thesis is to describe legal regulation of the forced heir and institutes related to this issue, i.e. their protection and disinheritance not only from the point of view of the current legal regulation according to the Civil Code No. 89/2012 Coll., but also from the point of view of their historical development. The diploma thesis is structured into four main chapters which are divided into subchapters. The purpose of the first chapter is to familiarize readers with the issue of inheritance law by defining its basic terms, revealing historical development from the time of Roman law through the ABGB General Civil Code to the modern legislation from 1950 and 1964 and taking account of their impact on the current legal system. The second chapter deals with the definition of the term of a forced heir, the determination of the size of the right to a forced share based on the age of the descendant, its determination with the possibility of inclusion and the principle for its payment. Furthermore, there are discussed the ways of protecting the rights of the forced heir. The third chapter deals with...
|
|
|
Protection of Passenger Rights under European Private Law
Mikešová, Veronika ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of this thesis is rights of passengers under European private law. This issue is important for most people, since there is continuous expansion in travelling. Although passengers have quite extensive rights, they are often not aware of what they are entitled to during travelling. Therefore it is necessary to try promoting awareness of passengers about the rights which they have. One of the aims of this thesis is to create a comprehensive overview of rights of passengers in rail, road, water and air transport under European private law and to analyze some of the problematic provisions of the relevant EU regulations. Another aim is to compare regulations of individual modes of transport, in particular with regard to air transport, which seems to be the most widely regulated one, and to find out whether there could be uniform regulation for passenger rights in all modes of transport. In addition to introduction and conclusion, this thesis is divided into five chapters further divided into subchapters, while the first chapter serves rather as the basis for the next chapters and besides the definition of the term "passenger" introduces the sources governing passenger rights along with other non-binding documents created by the European Parliament and the Commision. The second to the fifth...
|
|
|
Juridical institute of the guardianship council in the Civil Code of the Czech republic
Barejška, Tomáš ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Juridical institute of the guardianship council in the Civil Code of the Czech Republic The thesis deals with the legal regulations of guardianship council under of the new Czech Civil Code. The Czech legal system has not experienced the institute of guardianship council before, which brings an uncertainty into the interpretation of the respective provisions. The aim of this thesis is to analyse the most important provisions of the legal regulation, demonstrate impact of these provisions in practice, including eventual uncertainties and eventually to suggest a solution of the problematic parts of the regulation. Due to the author's personal membership of a guardianship council is the work enriched by the personal experience from a real existence of the guardianship council. Another part of the thesis is focused on the analysis of the French legislation and legislation of the Canadian province Québec. The Czech Civil Code explanatory report directly admits the inspiration in the above mentioned codices of France and Québec. Analysis and the consecutive comparison of the above mentioned legislation with the Czech one shall bring the interpretative basis for the application of the legal regulation of the guardianship council under of the Czech Civil Code. The main output of this thesis is to...
|
|
|
Easements
Hejdová, Dagmar ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to present the legal institute of the easements in its complexity placing emphasis on the current legal regulation of this institute in the Czech Civil Code. The diploma thesis deals with the most important practical issues inherently linked to this legal institute with reference to the relevant judicial decisions and suggested solutions of the mentioned problems are presented. The aim of the diploma thesis is also to present the institute of the easements as the institute responsive to the current social conditions undoubtedly reflected in the legal regulation of the institute of the easements. The first chapter of the diploma thesis is devoted to the theoretical determination of the concept of the easements. In the second chapter the most important historical periods related to the institute of the easements are presented, from the ancient era to the present. The most important ancient principles linked to the institute of the easements are discussed and their importance for the contemporary legal regulation is emphasized. Subsequently, the diploma thesis also deals with the origination of the concept of the easements and the conceptual change in the current Czech Civil Code consisting in distinguishing the easements from the real burdens. The descriptions of the...
|
|
|
Testament
Šmat, Ondřej ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The main goal of this thesis is the complex description of the testament. The problems of this ancient and utmost important instrument of law, which is given to the testator to decide who will get his property after his death, is comprehensively described in the five chapters of this work. This thesis mainly focuses on the key element in the Czech civil law of current time, which is the new civil code that brings severe changes especially to the hereditary law. Major differences can be seen especially in comparison with the so called socialistic civil codes. The new civil law regulation surpasses the ideologically motivated and oversimplified provisions of these old laws. The most important changes are bound with the new basic principles, especially with the testator's will as a leading principle of the hereditary law. This principle is in fact mostly applied in the testament law; therefore the new civil code has great impact on the examined topic. The first chapter of this work is dedicated to the creation of testament as the instrument of law in the beginnings of civilization. It includes further development in several ancient states and the chapter is closed with the more detailed analysis of the base source of the modern civil law, the roman private law. The second chapter describes history and...
|
|
|
Legal aspects of operation of unmanned aerial vehicles
Dubeň, Roman ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Unmanned aircrafts represent one of the fastest growing technologies of the last years. Although historically not completely unknown, only recently have they acquired the long-deserved attention. However, it focuses almost exclusively on their use in combat operations, whereas their capabilities in civilian sphere remain relatively unexplored. Analysis of these abilities is the main focus of this thesis, which describes and analyses current applicable legislation, points out different issues of both its interpretation and application and tries to offer solutions. This thesis is divided into 4 chapters and a conclusion. The first chapter deals with the introduction to this topic, including history of unmanned aircrafts and clarification of the term unmanned aircraft itself. Then it moves on to describe the possible classification of unmanned aircrafts and the terminology used, which remains unsettled even to this day. The main aim of this is to try to help the reader to find his way in this complicated area. The second chapter includes the analysis of the applicable legislation in the Czech republic, starting with the general approach and then continuing with special emphasis on particular issues, such as operating limitations of unmanned aircrafts in certain areas or liability of aircraft operators...
|
|
|
Principle of superficies solo cedit
Sabaková, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
PRINCIPLE OF SUPERFICIES SOLO CEDIT This thesis focuses on the superficies solo cedit principle, which can be translated as "the surface yields to the ground". The principle originated in Roman law and is projected into legal systems of most of the European democratic countries until today. According to this principle, everything firmly attached to the ground or grown on the land is component part of the land. Therefore, plants and structures are considered as typical component parts of the tract of land. The owner of the tract of land simultaneously and automatically owns its component parts. All dispositions regarding the tract of land must include the component parts, as component parts are not separate objects of law. This thesis deals with the evolution and regulation of the superficies solo cedit principle in Roman law, as well as in legal orders valid on the Czech territory until now. The main focus is on the analysis and comparison of previous legal regulations and currently valid civil law, represented by Act No. 89/2012 Sb., Civil Code. Close attention is given to the definition of things in legal sense, definition of immovable things and related legal concepts, particularly to the right of superficies and other exceptions from the principle superficies solo cedit. In the first chapter,...
|
guest ::
