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Superficies solo cedit
Doležal, Tomáš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Superficies solo cedit The topic of the presented diploma thesis is the principle of superficies viewed from its historic development and its place in current law. The principle stipulates that whatever is found on a land or has arisen from it, becomes parts of it. The superficies principle has been in employment since ancient Rome and has been reintroduced in our legal system after the recodification of private law in 2012 The thesis begins with the historical development of the superficies principle not only in Roman law, but also in the Czech lands, especially with its 1811 AD codification in AGBG. The historical development is followed by a brief description of the departure from the superficies principle following political and societal changes in post-war Czechoslovakia. The denial of the superfecie solo cedit principle survived until the recodification of private law in 2012 by act n. 89/2012 Sb, of civil code. The core part of the thesis analyzes the superficies principle in the Civil Code and related statutory instruments, especially those regulating the cadastre problematics, as this area is most impacted by the principle of superficies. Based on a theoretical explanation of the superficies principle, the thesis presents some practical impact of its application on the cadastre and its...
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Legacy
Zachara, Radim ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Legacy Abstract This thesis examines the issues concerning a bequest, as a concept in inheritance law according to Czech legislation contained in Act No. 89/2012 Sb., the Civil Code. The reintroduction of the bequest to Czech inheritance law occurred after more than 50 years, so this concept is relatively unknown to the general public. A bequest that is governed by the principle of singular succession is a departure from the fundamental principle of inheritance law in the Czech Republic, namely universal succession. The restoration of this traditional concept of inheritance law brings many issues, both in theory and application, to which this thesis endeavours to find answers and point to weaknesses in the legal regulation. In this thesis, the historical interpretation in the parts dealing with the legal regulation contained in the legal regulations preceding the current Civil Code was used in particular, starting with the Roman-law legislation, through the medieval inheritance law to the general Civil Code, the government's draft of the Civil Code of 1937 and of the Civil Codes after the February 1948 Revolution. Due to the continuity of the current legal regulation from the General Civil Code and the Roman-law legislation, the thesis incorporates a comparative method where appropriate. In the de lege lata...
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Residential lease
Vokounová, Michelle ; Thöndel, Alexandr (referee)
Residential lease Abstract This thesis aims to analyze the legal aspects of residential lease. This is a continually developing issue, which is dynamic in form both in the doctrinal sector and case law. Its specificity lies in the protectionist nature of the weaker party for which the lessee is generally considered. Since 1. 1. 2014 the enactment of Act. No. 89/2012 Coll., the Civil Code, as amended, there has been a significant balance of rights in certain aspects related to the residential lease, especially in the available options for termination of lease. Given the fact, that the said code is relatively new, the thesis also contains a comparison with the previous Act No. 40/1964 Coll., the Civil Code, as amended. This thesis does not neglect to look at German legislation, when looking for a foreign adaptation, it focuses on institutes close to national law and attempts to make some comparisons between the two. The work itself is divided into six chapters. The first chapter deals with the general legal arrangement of the lease. The individual conceptual features of the lease and the related institutes will be discussed here, and sources are presented in the form of law or case law. The second chapter is focused specifically on the residential lease. The new concepts that the Civil Code has brought about...
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Contractual penalty
Kmoníčková, Klára ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Contractual penalty The theme of this thesis is the contractual penalty. The contractual penalty is an ancient institute, a similar legal instrument was already known in Roman Law. In our territory an equivalent of the contractual penalty can be already found in municipal law in the 16th century. The fact that contractual penalty has been used for such a long time illustrates its doubtless importance and its necessity for Law of Obligations. Nowadays contractual penalty still plays an important role and it is frequently used in contracts. The aim of this thesis is to analyse current legal regulation of the contractual penalty in the Czech Republic, including the relevant case-law and literature. The purpose is also to point out the difference in opinions about some particular issues or practical problems. The thesis focuses primarily on amount of the contractual penalty and a discretionary power of a judge to reduce an excessive contractual penalty. The thesis does not forget to deal with other topics relating to the contractual penalty. This thesis consists of 11 Parts, some of these Parts are divided into the Chapters or Points. The thesis summarizes a historical development of the contractual penalty in its first Part. The second Part of the thesis concerns with a systematic classification of...
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Security Interest in Real Estate
Peringrová, Klára ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This thesis analyses Security Interest in Real Estate. The thesis is structured into 11 chapters. In the initial chapters, it deals generally with securing and subsequently the pledge in which the pledge concept and history, the legal regulation sources and the function of pledge are introduced to make the reader acquainted with the context necessary. In the following three chapters, attention is paid to the defining features of pledge, i.e. the definition of collateral (with a focus on immovable property), pledges and secured debt. A considerable space is devoted to the creation of pledge, where the author analyses the titles for the creation of pledge, which are an agreement, a decision of a public authority and a statute. This chapter further provides an overview od pledge creation modes. The modes are dependant on whether pledge on real estate registered or not registered should be established. Considering the growing of legal relations digitalization, electronic contraction is also elaborated on. Since the life of the pledge is not limited to its creation, (eventual) execution and extinction, chapter Seven also deals with the rights and obligations of pledges. Chapter Eight analyses the exercise of pledge, as being the fundamental part regarding the changes adopted in Civil Code. The chapter...
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Legacy in law of succession
Svoboda, Martin ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The present thesis discusses the legislation of an ancient and new-old institute of inheritance law, legacy. Legacy was in the Czech legal environment in the 60's of the last century as a traditional institute of inheritance law, allowing the testator wide opportunities of acquiring his property mortis causa. With the effectiveness of the Civil Code No. 40/1964 Coll., that released its regulation, completely disappeared from the public's legal awareness. The topic of the legacy became recurrent in connection with the recodification of private law, because adoption of Civil Code No. 89/2012 Coll. caused a return of legacy to the Czech law. The specificity of the legacy is its disruption with universal succession, which is otherwise typical for inheritance law. The main objective of the thesis is to evaluate the legacy and to conclude about the quality of the current legislation and its usefulness for legal practice. The secondary objective is to acquaint readers with the legacy and define its position in the legal environment. For the interpretation is chosen a procedure that goes from general to specific, which corresponds to the content layout of the thesis. The first part of the thesis deals with an analysis of the legacy as a whole and its differentiation from classical inheritance as well as...
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Elektronic identification of persons in private law relationships
Dvořáková, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Electronic identification of persons in private law relationships Abstract This diploma thesis deals with the topic of electronic identification of persons in private law relationships. It defines all types of electronic identifiers, which can be used in private law relationships by both legal entities and so natural persons. This paper summarizes the young and not for long used legislations. This legislation is not often used in practice and for that reason it has the only commentary. The case law for this problematics is also lacking and that is why it could not be used as one of the sources, despite that it is in many cases one of the most used and valuable sources. This thesis analyses not only the legal aspects of the electronic identification, but also the technological aspects, which it tries to explain even to the readers, who can be absolutely untouched by the world of information technology. At the same time this diploma thesis provides instructions for potential users of instruments of electronic identification, who can be distrustful and insecure of its first time user experience. The minor part of this thesis deals with the history of electronic identification. This section is not extremely extensive due to the fact, that history of his phenomenon goes only about hundred years to the past. The...
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Compensation for injury to the natural rights of man
Malý, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the issue of harm to natural human rights and its compensation. The thesis focuses on the current regulation of this institute contained in The Civil Code No. 89/2012 Coll. Furthermore, in this work, the current regulation is compared with the previous regulation, namely Civil Code No. 40/1964 Coll. The main aim of this work is to provide a basic and comprehensive insight into the issue of harm to natural human rights, focusing on the description of the changes brought about by the adoption of the new Civil Code. Another aim of the thesis is to outline the consequences of these changes. At the beginning the diploma thesis focuses on all the articles of the first part of the Civil Code, which deal with the regulation of natural rights. In the next part of the thesis it provides a general insight into the issue of liability for the damage caused to natural rights. This general basis is necessary for the next part of the work, which deals with claims for compensation of immaterial harm and decision on its amount according to the new Civil Code. The most extensive third part of the thesis therefore deals with specific remedies, namely compensation in the event of injury and the death and indemnification of secondary victims. At the end, the diploma thesis mentions another...
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Liability for damage caused by a defective product - comparison of Czech and British legal regulation with a focus on British case law
Černá, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with the topic of liability for damage caused by a defect in a product, i.e. liability of a producer (but also of another entity, such as the supplier or importer) for damage caused by the defective product to the health or property of the user (consumer) or other third persons. The primary area of this issue that the thesis has examined is the legal regulation in the UK (liability for damage caused by a defect in a product is in the UK usually expressed as "Product liability"). The main reason why I have chosen to describe the British legal regulation is my study experience in the UK at Northumbria University, where I studied within the program Erasmus+. In the UK, I had the opportunity to find all the resources, experience and incentives necessary in order to analyze the topic of Product liability and therefore, to write this thesis. The aim of this thesis is not only the description of the British Product liability, but also its comparison with the Czech regulation. This thesis then draws a clear conclusion that Product liability in the UK is as compared to the Czech Republic an institute much more frequently used and British regulation is compared to the Czech one more sophisticated and detailed. On the other hand, for the British consumers the British regulation may be, due...
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Determination of parenthood in the light of the current status of reproductive medicine
Mervartová, Michaela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of the diploma thesis is the determination of parenthood in the light of the current status of reproductive medicine. The importance of reproductive medicine is increasing in contemporary society in connection with the growing number of people suffering from infertility. Many infertile couples who have undergone reproductive medicine treatment have become parents through these methods. The question of legal parenthood in connection with the issue of assisted reproduction is the core part of the diploma thesis. The diploma thesis aims to perform a legal analysis of the determination of parenthood to a child born through assisted conception, to point out possible shortcomings in legal regulation and to recommend legislative amendments from the perspective of de lege ferenda. The first chapter explores effective legal regulation of maternity and paternity determination, defining the fundamental kinds of parenthood, because biological, genetic, social and legal parenthood should not be confused. The second chapter deals with assisted reproduction, which specifically manipulates human gametes. Attention is drawn to international and national legal regulation, including the question of legal parenthood of a child that has been conceived in this way. The next part of the thesis deals with...
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