National Repository of Grey Literature 221 records found  beginprevious134 - 143nextend  jump to record: Search took 0.00 seconds. 
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.
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. .
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...
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...
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...
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...
The bodies of association in the Czech law
Zechovský, Jakub ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Since 1st January 2014, association law has been entirely governed by Act No. 89/2012 Coll., Civil Code. It is the first time in history that certain bodies of associations are regulated by law in the Czech legal system. The aim of this theses called "The bodies of association in the Czech law" is to provide critical theoretical analysis of contemporary Czech law regarding the bodies of association. The thesis also focuses on potential practical problems which may arise, including, for example, register of association. The work is divided into eight chapters. The first is dedicated to theoretical approaches of legal persons and provides an answer to the question which theoretical approach influenced Czech lawmakers most. Second chapter deals with the concept of freedom of association and autonomy of associations. This serves to put the main topic into broader constructional context. Third chapter contains brief history of association and analyses conceptual elements of association as well as its establishment. Starting with the fourth chapter, each following chapter is dedicated to particular bodies of association. First of all, the definition of body of association and division between mandatory and optional bodies of associated are provided (the fourth chapter). Then the fifth chapter describes...
Residential co-ownership
Tlapák, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
Residential co-ownership The thesis deals with the legal regulation of residential co-ownership, contained in the Act no. 89/2012 Sb., Civil Code, while the emphasis is primarily on the description a comparison of the changes and innovations in the new legislation of residential co-ownership, using the comparative method with the regulations contained in the Act no. 72/1994 Sb., ownership of flats. Due to the breadth of this topic, this thesis neither contains a discussion about a contract for the construction nor about an association of unit owners except as regards the formation and the incorporation of association of unit owners according to § 1166 et seq. of the Act no. 89/2012 Sb., Civil Code. The thesis is divided into eleven chapters, including the introduction and the conclusion. After the introduction, the following chapter deals with the historical development of flat ownership legislation, beginning with the description of ancient times until the date, when work on the later adopted Act no. 89/2012 Sb., Civil Code, began. The third chapter is devoted to the theoretical concepts on which the regulations of residential co-ownership are ideologically based in individual European countries. Next, the fourth chapter is about the development and the current content of the legal principle...
A contract for carriage of person
Čapek, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
IN ENGLISH This rigorous thesis is dedicated to the passenger transport contract according to the Civil Code. At the beginning of thesis is dedicated the history of transport and transport contracts. Historical development of the contract influenced the legal rules of road and railway transport issued many years later. In the thesis are defined relevant sources of law. European legislation is very important for regulations this field. Public-law sources play a major role in the legal regulation of passenger transport contract. The passenger transport contract is, in most cases, a consumer contract, based upon the assumption taken over from EU law that protecting the passenger - i.e. consumer - is one of the key goals of legal regulation in this field. The thesis contains detailed analysis of basic terms related to passenger transport contract. Significant part of thesis part focuses on rights and duties of the contractual parties. These two basic entities are not, in fact, on an equal footing. It is the carrier, who generally acts as the stronger party. One of the purposes of the legislation is to protect the weaker party - i.e. the passenger. The thesis is dedicated to the responsibility of contracting parties. If a party to a legal relationship fails to meet their obligations, corresponding...

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