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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...
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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,...
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Protection of a forced heir and his disinheritance
Vacenovská, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance Forced heir is a close relative of testator, who is provided by law with the privilege to be involved in estate in the extent to which the law determines even against the will of the testator. The testator is allowed to exclude this right of forced heir only by dishereditance. The purpose of this thesis is to comprehensively describe issues of forced heir, their protection and dishereditance. In my thesis I highlight the changes arisen due to the new Civil Code but I also deal with the features of these institutes which were not affected by new concept and previous jurisprudence of higher courts can be used. The thesis is composed of five chapters. In the first chapter I shortly define the term forced heir and dishereditance. Because the regulation of forced heir and dishereditance is very traditional in European law, in the second chapter I provide the historical background and development of these institutes. I describe rights of close relatives of testator in ancient Rome, the Middle Ages, and also in Civil Codes which come into existence in last century, but I focus mostly on Common Civil Code of 1811. Current Czech legal regulation of forced heir and dishereditance is divided into third and fourth chapter because of clear arrangement. In the...
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The concept and the principle of the Trust
Bulušek, Petr ; Elischer, David (referee) ; Thöndel, Alexandr (referee)
This thesis deal with the Trust, as it was introduced by the Act no. 89/2012 Coll., Civil Code with the effect from January 1, 2014. The thesis research the relevant provisions of the Act no. 89/2012 Coll. and represents an effort to a correct, contemporary, logical and systematic interpretation, which may not be obvious from the wording of the law at a first sight. The thesis is divided into eight chapters. The first, the second and the third chapters deal with the historical context of the Trust in a possible ultimate form because of that this is necessary for the right contemporary interpretation of the relevant statutory provisions. The fourth and the fifth chapters research the contemporary legislation of the Trust in terms of both substantive and procedural law. The sixth and the seventh chapters research the first important amendment to the Act no. 89/2012 Coll., which will become effective on January 1, 2018, which will implement the expected legislative framework for a public list of the Trust and which will implement the related reasonable and appropriate legislative changes. The last, eighth chapter deals with the contemporary international context of the Trust.
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Community property focused on its termination and settlement in the regulation of the Czech Republic with regard to the regulation in the UK
Bezpalec, Zdeněk ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
in English Community property focused on its termination and settlement in the regulation of the Czech Republic with regard to the regulation in the UK. This thesis deals with community property of spouses, especially with its termination and settlement. The aim of the thesis is to critically analyze in detail the community property of spouses in the Czech legal system and also in the British legal system. Another aim of the thesis is to emphasize some differences between the contemporary legal framework and the previous legal framework of proprietary consequences of marriage and to predict whether the existing cases could still be used in the light of the (new) civil code (‚ob anský zákoník').The last and perhaps the most significant aim of this thesis is to compare the Czech legal framework of community property of spouses and the principles of its settlement with the British legal framework of proprietary consequences of marriage. With regard to the comparative part, this thesis is not only a theoretical treatise, but it can also serve as a source of inspiration for the Czech legal system de lege ferenda. .
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Curatorship
Závodská, Zuzana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Thesis title: Curatorship The thesis deals with the legal institute of curatorship, as one of the forms of representation, which is intended to protect and fulfill the rights and interests of the person represented. The thesis is primarily focused on substantive legislation contained in an Act No. 89/2012 Coll., The Civil Code. Despite the fact that this thesis is focused on substantive legislation, it also discusses related procedural issues. This diploma thesis is divided into introduction, six chapters and a conclusion. The first chapter describes historical basis of curatorship and also a short glimpse to the previous legislation. The next chapter introduces fundamental terms and explains the systematic inclusion of legislation governing curatorship in an Act No. 89/2012 Coll. The core of this thesis is chapter three, which analyses the legislation of curatorship of an individual. This chapter also introduces related legal institutes such as limitation of legal capacity and declaration in anticipation of incapacity. Chapter three focuses on adult curatorship law as well as on curatorship law of minors. It also describes the status of the curator, his rights and duties, conditions which justify the termination of his function as well as termination of curatorship. The forth chapter primarily...
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Civil aspects of animal ownership
Podhajský, Jiří ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
1 Abstract The topic of this thesis is civil aspects of animal ownership. The aim of this study is to analyze the specific civil aspects of ownership of animals, for example horses, in contractual relations and tort liability as well as a brief comparison of the issue with Austrian and Slovak legislation. The focus of this work lies in the analysis of the applicability of the relevant provisions of the Civil Code or the need for specific contractual provisions in the contractual relations and further analysis of the individual types of tort liability and their relationships. The thesis consists of three main chapters further divided into subsections. The comparison with foreign legislation is contained in the final subsection of each chapter. The first chapter briefly discusses the status of the animal as an object of legal relations and the subjects of those legal relations. The second chapter deals with the most common legal relations of contracts relating to horses. Those are the commencement and ownership transfer to the horse by increment, donation and purchase and legal relations associated with commercial stabling which are custody, lease and work. The third chapter deals with damage liability caused by animal, liability from operational activity and liability for object taken into custody, taking...
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Protection of personality rights
Kelichová, Petra ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The thesis is focused on the legal regulation of protection of personality rights. This topic is up to date not only because of the media exposure, but also with regard to the recodification of private law. The focus of this thesis lies on Act no. 89/2012 Coll., Civil Code, which is compared to the antecedent legal regulation. The personality protection belongs to fundamental human rights therefore the thesis includes the constitutional overlap and interpretation of international agreements. The work is divided into six chapters. The first chapter deals with the development of personal rights from a historical perspective. There is also mentioned legislation of Czechoslovakia and the Czech Republic. The second chapter deals with the interpretation of the concept of personality, the theoretical concept of general personality right and possibilities of its limitations. Part of this chapter shows a non-exhaustive list of values protected by the general personality right, namely the right to physical and mental integrity, the right to personal liberty, the right to a name, the right to likeness, the right to honor and dignity and right to privacy. The third chapter provides an overview of legal regulation of personality rights at the international and constitutional level, the general Civil Code...
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Surrogacy
Bílková, Barbora ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Surrogacy - abstract This master thesis deals with the phenomenon of surrogate motherhood (surrogacy) and analyses it from the point of view of Czech and British law, especially the Private law. Its main objective is to approximate to the answer to the question whether surrogacy should be entrenched in Czech law and, if so, what should the main features of such legal regulation be. In order to achieve this aim, it, firstly, focuses on the currently valid and effective Czech legislation. It is a well-known fact that, apart from the provision of § 804 of the Czech Civil Code, Czech law does not provide for surrogacy, at all. Surrogacy is, therefore, only partially regulated in some of its aspects, namely assisted reproduction, legal parenthood and adoption. Since the United Kingdom is often mentioned as one of the possible sources of inspiration for the future Czech legal regulation of surrogacy, British law concerning this phenomenon is considered in the following part of this thesis - especially in the light of the extensive case law. In particular, issues such as surrogacy arrangements, assisted reproduction, legal parenthood and transfer of legal parenthood (that is adoption and parental orders) are analysed. These are then subjected to critical assessment. In its last chapter, the thesis returns to the...
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