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Political and legal aspects in selected provisions of the Constitutional Charter of 1920
Váchová, Martina ; Adamová, Karolina (advisor) ; Malý, Karel (referee)
The subject of this rigorous work is to investigate the political and legal aspects that influenced and lead to the formulation of the particular provisions in the Constitutional Charter of 1920. The work also offers juristic analysis of selected constitutional provisions in the context and, in some cases, in the form of comparison with previous laws and standards that implemented the provisions of the Constitutional Charter. We also focus on those constitutional laws, which have become a part of or amendments to the constitution.
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The Memoirs of Dačický as a Source of Information about Czech Law of Early Modern Period
Matyášová, Josefína ; Malý, Karel (advisor) ; Starý, Marek (referee)
The thesis deals with one of the most famous sources of citychronography that were being created in Bohemia in the 16th and early 17th century. The most competent and prolific literary author of Dačický's Paměti was Mikuláš Dačický of Heslov - a very controversial figure of the KutnáHora society before the Battle of the White Mountain. Beside introducing Dačický's personality and his own experience with the judiciary of the times, the thesis goes briefly into the history of Kutná Hora in the Middle Ages and the Early Modern Times and describes the city administration and the typical course of legal proceedings as it went before the municipal court. Paměti reflect the diverse crime of the time: the thesis focuses mainly on killing - special attention is paid to the agreements on the head (smlouvy o hlavu), female crimes or suicides - further affrays, duels, slanders and questioning of somebody's impeccability, frauds, thefts and robberies. Keywords Mikuláš Dačický of Heslov, the law, criminality, early modern period, Kutná Hora, city chronicle
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Progres of Criminal Law in 18th Century in Our Countries
Zíka, Tomáš ; Malý, Karel (advisor) ; Soukup, Ladislav (referee)
The progress of criminal law in 18th century in our country The main theme of this graduation thesis is the progress in substantive criminal law and procedural criminal law in the 18th century in our countries. Part of the work focuses on the codex published in 1803, as it was highly progressive for the period. Its inclusion in the thesis was, therefore, logical and necessary. The whole development of criminal law in Czech countries has been derived from the progress of criminal law of the Habsburg monarchy, which Bohemia was a part of. As a secondary theme the thesis elaborates the historical development of the monarchy in this period, philosophical and religious orientations and beliefs, the greatest thinkers and previous legislation drawn by policy makers in the 18th century and often accepted in the first half of the 18th century. This work also discusses the progress of the structure of capital justice in our country, which focuses mainly on personal and material equipment and the reason for the gradual reduction of capital court. In a special chapter the correction progress of crimes against divine majesty, on which the opinion has changed over the century, is discussed; namely the change from strictly punishable crime to offenses and then their return back to crime. This chapter also includes a...
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Historical development of the language law and rights in the Czech Lands
Hulík, Milan ; Malý, Karel (advisor) ; Kuklík, Jan (referee) ; Mates, Pavel (referee)
298 Zusammenfassung Dissertationsarbeit "Geschichtliche Entwicklung des Sprachenrechtes in den böhmischen Ländern" hat sich als Ziel gesetzt, die Beziehung und das Verhältnis beider Hauptsprachen - Tschechisch und Deutsch - zu erforschen, die in den böhmischen Ländern seit Ankunft der ersten Bewohner böhmischen und deutschen Ursprungs gesprochen wurden. Die Arbeit befasst sich nicht mit den eigentlichen Sprachformen dieser Sprachen, sondern sie konzentriert sich auf das Verhältnis beider diesen Sprachen, Anfang ihrer Konkurrenz, ihren Einfluss in den böhmischen Ländern, Änderungen dieses Einflusses in der Zeit, und Konfrontation dieser Sprachen im Zusammenhang mit ihrem Verhältnis zu den Machthabern - Herrschern und ihren Höfen, Institutionen und Ämtern bei Verwaltung und Regierung der böhmischen Ländern. Die Arbeit verfolgt die ersten rechtlichen Regelungen - gesetzlich festgelegte Priorität der tschechischen Sprache in der Beziehung mit der deutschen Sprache in 1495 und 1615 und befasst sich auch ausführlich mit dem Verhältnis beider Sprachen nach dem Kampf auf dem Weisen Berg und Herausgabe der Verneuerten Landesordnung , ihrer formellen Gleichstellung, faktisch jedoch Rücktritt der tschechischen Sprache und ihrer Ersetzung durch die deutsche Sprache im Zusammenhang mit Wachstum der Habsburgermonarchie,...
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The development of legal regulation of state civil servants in the Czech Lands from 18th century to 1938
Šouša, Jiří ; Malý, Karel (advisor) ; Soukup, Ladislav (referee) ; Vojáček, Ladislav (referee)
The present dissertation endeavours to outline and analyze the evolution of the legal regulation of the status of civil servants from the end of the 18th century to 1938, with an emphasis on the understanding of the advent and change of the status of the so-called statutory civil servants in the Czech Lands. It examines certain issues in the history of the Service Law and their points of departure, and defines the terms 'civil servants', 'civil service, and 'bureaucracy', and their tasks, including state and public service. It puts forward a more comprehensive view of the history of this legal theme. Legal regulation of the status of civil servants in the Czech Lands has a long- established tradition which evolves in line with the evolution of the entire legal system and adopts to changes in society, economy, and the individual normative systems, including the law. The origins of the modern form of the Service Law go back to the 18th century, to the Age of Enlightenment, the reign of Marie Theresa and in particular, the reign of Josef II. Some institutes continued to an extent in the regulation of the absolutistic feudalism and that of the estates, while others represented completely new institutes and have been preserved to this day. There was a common principle that applied until the end of the...
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On domestication of emphyteutic law in 13th and 14th century in the Čáslav province
Pehal, Zdeněk ; Malý, Karel (advisor) ; Adamová, Karolina (referee) ; Soukup, Ladislav (referee) ; Šouša, Jiří (referee)
1 ABSTRACT The work deals with the infiltration process and the emphyteutic law evidence in the Čáslav province in the Middle ages. This area can be delimitated with the range of the Iron Mountains from the north, and then with the river Sázava from the south. Several significant territorial suzerains (authorities) acted here such as Vilémov monastery, Sedlec monastery and Želivka monastery, especially significant was the colonization activity of the Lichtenberk family which was developing in the area from the half of the 13th century. The Lichtenberks came to the area from north-western Bohemia, from the contact area of the Czech state, where their relatively early-ripening emphyteutic contracts are documented, and infiltration of early forms of the German law is presumed in general. This medieval law, sometimes designated as "stable and firm" in written sources, was brought from the area of present western Europe (also form the Netherlands) by new settlers, colonists who were bringing with them excluding new knowledge of landscape cultivation (drainage, forest transformation into fields) also juridical habits, which were used to adjust legislative relations while establishing villages. They were not only farmers, but they were also other specialists, mainly miners who brought with them technologies of...
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Restitution of property of the former noble families after the year 1989
Benda, Josef ; Pavlíček, Václav (advisor) ; Malý, Karel (referee) ; Musil, Jan (referee)
V. ABSTRACT/ ENGLISH SUMMARY The objects of this dissertation thesis are restitutions of property of former noble families in the Czech Republic after the year 1989. It concerns very controversial theme; this statements is even more valid if we speak about disputable restitutions of property. The issue is only rarely viewed from complex and impartial angle; this fact is caused i.a. by great complicacy of the factual and legal substance. Even the availability of historical documents is problematic, too. The public is frequently not aware of or has even no idea on certain key facts of individual cases, as a result of which usually only certain matters are perceived; this subjective perception is strengthened by individuals, who are from various reasons interested in ending the controversies concerning restitution of property of former noble families in favor of these former owners; these individuals use during their activities different instruments, which are described in detail in this dissertation thesis. In their efforts, the media are frequently their important backers, who not from interest, but due to unfamiliarity or ignorance, stress in some cases only the facts in favor of the former owners of property, which ends in deformed view of public on some very disputable cases. This dissertation thesis is...
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Development of criminal law in the Czech lands in the 18th century
Hübnerová Asadová, Zejneb ; Malý, Karel (advisor) ; Soukup, Ladislav (referee)
Development of criminal law in the Czech lands in the 18th century Resume My thesis deals with the criminal law of the 18th century in our country. The 18 century Enlightenment philosophy and criminal law beccarian revision created significant changes in criminal law. The thesis has six chapters plus an introduction and conclusion. The introduction explains the terminology used and the theoretical and philosophical bases of what the interpretation is based on, for example: the Enlightenment, criminal law, the influence of the Enlightenment on the transformation in the 18th century. Chapter One explains the development of criminal law until the 18th century. Chapter Two is broken down into 4 sections of analysis and then illustrates the applicable codes of the criminal law in the first half of the 18th century. Part One deals with the codification of the city Rights of 1579, designed by Paul Christian of Koldin. Part Two contains a brief description of the criminal law codification of the law of the noble - Renewal of the Earth's establishment in 1627. Part Three deals with the first attempt to unify criminal provisions, but mainly the procedural nature of the Constitutio Criminalis Josephine in 1707. Part Four contains an analysis of Maria Theresa in 1768, which was the culmination of the feudal concept of...
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