|
|
Selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code, in comparasion with recent legislation
Mužík, Vít ; Šouša, Jiří (advisor) ; Blažek, Lukáš (referee)
Selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code, in comparasion with recent legislation Abstract The thesis deals with selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code (hereinafter referred to as "CC 1950"), and compares them with the current legislation. The Civil Code 1950, which came into force on 1 January 1951, significantly reformed the form of the existing (then) inheritance law, excluding a number of legal institutes from the legal system in order to simplify the legal regulation. For example, the legal institutes of the contract of inheritance, fideicommissary substitution, donation mortis causa, codicil, etc. were abandoned. The current legal regulation, i.e. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "CC 2012"), which is partly inspired by the General Civil Code promulgated by Imperial Patent No. 946/1811 Coll., restores some of the previously abandoned legal institutes. It must be admitted, however, that in some essential matters of inheritance law the recent legislation also follows the tradition established by the CC 1950, in particular as regards the issue of the moment of transfer of rights and obligations from the testator to the heirs. Attention is paid to the nature of the rights and...
|
|
|
Remigration to Czechoslovakia between 1945 and 1950
Nedvěd, Martin ; Petráš, René (advisor) ; Šouša, Jiří (referee)
Title, abstract and keywords Title: Remigration to Czechoslovakia between 1945 and 1950 Abstract: The thesis describes the legal history of remigration to the Czechoslovak Republic after the Second World War under the Constitutional Act 74/1946 and deals with the influence of the Communist Party of Czechoslovakia on it. Through archival research it seeks to verify the hypothesis that the Communist Party of Czechoslovakia was using its governmental influence acquired after 1945 to hinder the return of ethnically Czech and Slovak farmers from abroad. Although the Communist Party of Czechoslovakia declared its full support for remigration, the sources suggest it feared the remigration of so-called reactionary classes such as farmers and tradesmen. In this light, the delay in the transfers of Czech and Slovak countrymen to Czechoslovakia might be interpreted as a possible "sabotage" in order to settle the vacant land in Czechoslovakia with the inland proletarians (potential communist voters) instead. Keywords: Czechoslovakia 1945-1948; third republic; post-war remigration
|
|
|
The Historical Form of the Right to War from the Perspective of Selected Medieval and Early Modern Philosophers
Kočová, Aneta ; Šouša, Jiří (advisor) ; Blažek, Lukáš (referee)
The Historical Form of the Right to War from the Perspective of Selected Medieval and Early Modern Philosophers Abstract The thesis discusses the concept of just war with a focus on the right to initiate war (ius ad bellum) in medieval and early modern Europe and compares the concept depicted in philosophical works with legal documents of the time and with sources of legal knowledge. The concept of just war is an important legal and philosophical institution that underlies the emergence of the contemporary concept of the law of war and has made a significant contribution to the development of public international law. This thesis provides a detailed analysis and interpretation of relevant passages in the works of Thomas Aquinas and Hugo Grotius that relate to the institution of the right to war. Here the distinctive elements of each conception are also highlighted, in particular by means of identifying the criteria for judging the justness of the commencement of war. Emphasis is also placed on individual conceptions of sovereign power and the integration of passages into the broader context of the works of both authors. The next part of the work, which examines historical legal sources and sources of legal knowledge, is based on the analysis and interpretation of six chronicles covering the period from the...
|
|
|
Status of the Slovak National Council
Maule, Jakub ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee)
The Position of the Slovak National Council Abstract This master's thesis deals with the topic of the status of the Slovak National Council, the circumstances of its establishment, operation and demise, which go far beyond the time period of the Slovak National Council's existence, its highly dynamic development between 1943 and 1992, its influence on the state legal system and other matters related to the Slovak National Council's operation, and overall summarises the development of Slovak parliamentarism in all its stages since the establishment of the Czechoslovakia in October 1918. The aim of this thesis is to map the position of the Slovak National Council, both in its resistance period during the era of the Slovak state and in its political activity during the existence of the unitary Czechoslovak state, or the Czechoslovak federation, and to explain some of the contexts affecting the Slovak National Council, either directly or indirectly. The thesis draws on legal, historical and legal-historical literature, contemporary sources, legal norms, interviews with personalities influencing the Slovak National Council and records of meetings of state or party political bodies. The thesis also aims to illustrate the noticeable changes of the Slovak National Council depending on the circumstances that...
|
|
|
Constitution of the French Fifth Republic
Palasová, Kristýna ; Císař, Jaromír (advisor) ; Šouša, Jiří (referee)
The aim of this work is to present the French Constitution through the prism of the separation of powers. The first chapter is divided into two parts, the first part is focusing mainly on the historical context that led to the establishment of the fifth republic. The second part of this chapter is dedicated to the Constitution of the fifth republic itself and the principles the Constitution was built on. I have dedicated a few words to each principle. The second chapter is focused on the executive power, which is represented by the President, who holds the most important position in the entire system, and on the other hand by the government led by the Prime minister. The Prime Minister lives in the shadow of the President and the only way out has been reduced in favour of the President. That instrument lied in the institution of cohabitation, which I am focusing on in the final section of this chapter. I explain its benefits and pitfalls, as well as the way it came to its practical disappearance from political life. This is not to say that cohabitation could never happen again, particularly from a political point of view, but from a legal point of view everything had been done to prevent it. The next chapter is dedicated to the legislative power, which is divided between the National Assembly and...
|
|
|
Historical development of legal regulation of register keeping and surnames in the Czech lands
Poledno, Jan ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee)
Historical development of legal regulation of register keeping and surnames in the Czech lands This thesis examines the legal regulation of register keeping and surnames in the Czech lands from the start of keeping records and the use of surnames up until the current legal regulation, Act No. 301/2000 Coll., on Civil Registers, Names and Surnames and on Amendments to Certain Related Acts (hereinafter referred to as the "Act on Civil Registers of 2000"). In terms of historical legislation, the thesis focuses in detail on the Imperial Patent of 20 February 1784, on keeping registers of births, marriages and deaths by parish authorities (hereafter referred to as the "Registries Patent of 1784"); Act No. 268/1949 Coll., on Civil Registers (hereinafter referred to as the "1949 Act on Civil Registers") and Act No. 55/1955 Coll., on the Use and Change of Names and Surnames (hereinafter referred to as the "Names and Surnames Act of 1950"). The first part of the thesis provides a definition of the terms 'register' and 'surname.' The second part describes the development of the concepts of registers and surnames. The third part of the thesis gives an explanation of the legal regulation of registers and surnames in the period of church dominance, i.e. until the year 1784, and deals exclusively with church...
|
|
|
Ideal or mirror? Principles and ideas of the May 9 Constitution and the 1960 Constitution and their reflection in criminal and civil law
Blažková, Tereza ; Šouša, Jiří (referee)
- Ideal or mirror? Principles and ideas of the May 9 Constitution and the 1960 Constitution and their reflection in criminal and civil law. Presented thesis entitled "Ideal or mirror? The principles and ideas of the Constitution of May 9 and the Constitution of 1960 and their reflection in criminal and civil law" deals with the issue of constitutional development on the territory of Czechoslovakia after 1945. The work has several levels. It examines the role of the constitution in the process of creating other legal regulations and asks questions about the role of the constitution in society in relation to its ideological anchoring. It also focuses on examining the influence of communist ideology in constitutional law, especially in the process of adopting the constitution. The work also affects the role of constitutional values within the codification processes that followed the adoption of the May 9th Constitution and the 1960 Constitution. Criminal law and civil law were chosen as examples of these codification processes. Conceptually, the work is divided into four basic chapters. The first part of the thesis includes the definition of the topic, including the methodology, and also outlines the sources and materials used for the preparation of the dissertation. Due to the definition of the...
|
|
|
Trials of Nazi Criminals in the Occupation Zones and their Influence on Czechoslovak Retribution
Beránek, Jan ; Šouša, Jiří (referee)
Trials of Nazi Criminals in the Occupation Zones and their Influence on Czechoslovak Retribution - Abstract and Key Words The theme of the presented dissertation thesis is the phenomenon of the so-called Zone trials, ie the trials of Nazi criminals, which took place just after the end of the World War II in the territory of the individual occupation zones of divided Germany in the exclusive (possibly shared) jurisdiction of one of the four occupying powers (France, the Soviet Union, the United States of America and the United Kingdom). The first goal of this thesis is to analyze the trial programs implemented in each of the occupation zones and on the basis of these partial analyzes to obtain a generalized characteristics of each of the programs. The second goal is to compare each of the individual Zone trial programs. The third goal is to answer the question of whether and, if so, to what extent, the Zone programs of trials of Nazi criminals and Retribution trial programs implemented in the territory of Czechoslovakia were mutually influenced. The first chapter discusses the historical basis of trials against persons suspected of committing war crimes and other crimes under the international law, as well as the theoretical background and circumstances that led to the emergence of trial programs in the...
|
|
|
Selected issues of legal forms of persecution in the 60s to 80s of the 20th century in Czechoslovakia
Obr, Vojtěch ; Šouša, Jiří (advisor) ; Blažek, Lukáš (referee)
Selected issues of legal forms of persecution in the 60s to 80s of the 20th century in Czechoslovakia Abstract After the year 1948, when the communist regime was established in Czechoslovakia, a number of persecutory instruments were enacted in order to suppress any disagreement with the established regime and to eliminate opponents of the socialist establishment. The thesis focuses on the period of the 1960s and 1980s, when the persecutions did not reach the level and cruelty they had in the 1950s, but they were still a very significant part of the repressive component of the government regime. The main focus of the work is on the persecution in the period before the so called Prague Spring, it follows the period of social relaxation in 1968 and the re-introduction of persecution mechanisms in the period after August 1968. In the first chapters, the work describes and analyzes legal developments after the Second World War with an emphasis on the 1960s and 1980s and subsequently concentrates on specific forms of enforcement, whether it is criminal prosecution, persecution in the field of citizenship, persecution in the field of property law or labor law. Klíčová slova: legal forms, persecution, Czechoslovakia
|
|
|
New codification of just redaction of the original one? Comparison of Czech land constitutions from years 1500 and 1549
Stojan, Marek ; Šouša, Jiří (referee)
This diploma thesis focuses on the comparison of two crucial legal codes of the Bohemian common law of the first half of the 16th century, i.e. Vladislavské zřízení zemské and Zřízení zemské of 1549. The aim is to answer the question whether it is possible to perceive Zemské zřízení of 1549 in the same way as it is understood by the majority of the current historiography, meaning whether Zemské zřízení of 1549 is only the redaction of Vladislavské zřízení zemské. I want to concentrate on the thought if it is necessary to reconsider the general view on this matter. It may be established that these legal codes are relatively independent works due to their dissimilarities as they differ significantly in their origin, authors, historical context, central ideas, and structure. In general, the distribution of power is a key aspect of forming the law, which applies not only to the early modern period, and this idea is reflected in the structure and content of both these codifications. In the first chapter, I focus on the contextualisation of both codes from the point of view of the legal history and discuss the political science thinking of selected classical authors. My next goal is to describe the legal development not only in the Kingdom of Bohemia but in the Moravian Margraviate as well as, this...
|
guest ::
