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Intestate succession in the comparative prospective
Vaňasová, Markéta ; Macková, Alena (advisor) ; Thöndel, Alexandr (referee)
Mgr. Markéta Vaňasová Topic of the rigorous thesis: Intestate succesion in the comparative prospective ABSTRACT The main aim of this rigorous thesis named "Intestate succession in comparative prospective" is in particular comparison between current Czech legislation regarding the succession law with the legislation in the area of succession law of few other countries - namely with Spain, Catalonia and Mexico. This thesis does not deal only with the substantive law in the area of succession, but also with the procedural legislation of succesion law, including succession with an international element. My ambition, while writing this rigorous thesis, was to create a systematic overview of intestate succesion in the Czech Republic, by using the valid legislation, experts' literature (mainly foreign) and the case law; pointing out the practical problems of valid legislation and its comparison to the legislation in the area of succession law in the above mentioned countries.
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Principle of superficies solo cedit
Vrána, Tomáš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This thesis is focused on the superficies solo cedit principle which was already known in Roman law and which expresses the rule that the surface yields to the ground. As a result of this rule, everything that is built on the land and that grows up naturally there belongs to the owner of the land. The aim of the thesis is to describe origin and historical development of the superficies solo cedit principle, subsequently to present its current expression in the legal order of the Czech Republic and to identify its problems, and, finally, to point out the effects of the restoration of the superficies solo cedit on the Czech legal system. The thesis is divided into seven separate chapters. Chapter One describes the expression and development of the superficies solo cedit principle in the Roman law. Chapter Two particularly deals with the ABGB Code from 1811 which was valid in the area of today's Czech Republic until 1950 and which significantly influenced the current Czech Civil Code. This chapter also includes analysis of provisions dealing with superficies solo principle and other relating terms, some of which were an inspiration for current Czech legislation. Third chapter explains the reasons for abandoning of superficies solo cedit principle in Civil Code No. 141/1950 Coll. and its consequences....
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Mode and scope of damages
Janurová, Petra ; Thöndel, Alexandr (advisor) ; Salač, Josef (referee)
in English This diploma thesis deals with the manner and extent of compensation for damage in civil law, which is systematically included in the fourth part of the Civil Code, entitled Relative property rights and in section named Obligations arising from torts. Specifically, the manner and extent of compensation for damage is defined in articles from 2951 to 2971. The thesis contains basic comparison of the conceptions of the manner and extent of compensation in the former Civil Code and in the new one, with emphasis on the most important reforms. It clarifies new terminology and describes the background of the newly established rules of law. It contains an analysis of the Czech legislation and its comparison with legislation of the neighboring states. It also mentions the European conception of the manner and extent of compensation for damage. The system of the thesis follows the organisation of the provisions on the manner and extent of compensation in the new Civil Code and is also divided into three chapters. The first one deals with compensation for material damage. Its main issue is the manner and extent of the material compensation and the conditions for its reduction. It also contains a provision on compensation for damage caused by an intentional criminal offence and rules for determining...
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Transfer of inheritance to heirs
Chvalová, Teodora ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
TRANSFER OF INHERITANCE TO HEIRS Abstract The aim of the rigorosum thesis is to clarify the issue of transfer of inheritance to heirs. Particular chapters of the thesis are defined at the beginning. Main attention is given to the current regulation of transfer of inheritance to heirs set in § 1670 - § 1713 of the current Czech Civil Code. First of all, the inheritance and the decendent's estate are characterised for a better understanding of the chosen topic. Particular key terms related to the issue of transfer of inheritance to heirs are explained then. The administration of inheritance, the administrator of inheritance, his rights and duties, subject of administration of inheritance, free disposal of property, differences between simple and full administration of inheritance are mentioned. The inventory of inheritance, its aim, order, reimbursement of expenses, substitution, and incomplete inventory of inheritance and the issue of status of creditors is discussed as well. The closure of inheritance and the way of distribution of inheritance based on last will of decedent, determination of third person, agreement between heirs, decision of court, related settlement of heirs and allocation of claims and debts is analysed later. The issue of debts related to the transfer of inheritance to heirs is solved in...
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The role of the Authority providing Social and Legal protection of Children in the process of arranging adoptions
Slezáková, Barbora ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
RESUMÉ The role of Social and Legal Authority providing protection of Children in the process of arranging adoptions This thesis deal with the The role of Social and Legal Authority providing protection of Children in the process of arranging adoptions. The Social and legal protection of children is one of the most important activity. The state cares about children without parents. The aim of adoption is acceptance of another person as their own. The thesis is divided into two parts and six chapters. The first part is devoted to institute of adoption. The Civil Code changed view of the adoption. Now the adoption isn't one of the types foster care of children, but the adoption is at the same level like biology relationship between parents and children. The first chapter describes historical development of adoption. The Second chapter describes the institute of adoption, for example sorts of law, main characteristics, type and conditions of adoption, consents with adoption, care before adoption and revocation of adoption. The second part describes process of arranging adoption. The third chapter describes social and legal protection of children. This chapter is devoted to term social and legal protection, historical development and authorities. The fourth chapter is the main of chapter, which is devoted to...
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Acquisitive prescription
Brousilová, Gabriela ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Easements Master's degree thesis deals with easements and describes historical development of this legal institute, and his form in today's effective civil code 89/2012 Sb. Easements belong to absolute property rights and iura in re aliena, which is the privilege of using a thing of another as if it were one's own. There is an obligation of one person to tolerate something, to refrain from something or to perform something in favour of another person. In this way it allows more people to use one thing without being its owners. The thesis is divided into five chapters. There is an introduction, which describes the aim and division of the work. First chapter explains the institute of easements, its place in today's effective civil code and historical types of easements. There is also short part about the importance of this institute in today's law. Second chapter deals with historical development of this legal institute. First of all there is subchapter about servitutes in Roman Law, because civil code 89/2012 Sb. was inspired with it. Then there is part about regulation in the feudalism period. Because the main inspiration for civil code 89/2012 Sb. was ABGB from 1811, there is subchapter about servitutes in this civil code. Last subchapter of this part deals with the regulation according to civil...
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Fiduciary
Hollmann, Jakub ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Autor in this doctor thesis follows and explain the topic of Fiduciary and special institute which is Trust in Czech civil code. Thesis is devided into eleven chapters and explain functionality of Fiduciary and trust in Czech Republic. Because of recent debates of an amendment of Fiduciary in Czech civil code, autor explaining and analyzing trusts in comparison with other countries, e.g.: England, Quebec, France, Germany, Italy, Liechtenstein. In this comparision author explaining possibilities of new amendments and giving proposals of de lege ferenda ideas.
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Contract of Donation with a Focus on the Return of the Gift
Řehounková, Jana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Contract of donation may be considered as one of the most common contractual type of the civil law that everyone can meet in everyday life. On the opposite its present legislation in the Civil Code represents one of the briefest ones in comparison with other contracts regulated there. Not only for this reason problems while interpretation appear, especially with respect to the special legal institute of return of the gift which gives the donor the right to revoke the gift under certain circumstances. The aim of this thesis is to provide its reader the comprehensive view of the contract of donation and subsequently return of the gift itself not only from the viewpoint of the civil theory but also from the perspective of judicial practice when it is impossible to dispense with it given the concise legislation. It is not an easy objective particularly when it comes to the institute of the return of the gift that is defined in only one provision of the Civil Code which provoked just from the beginning of its existence a number of consideration and discussion among professional public over some controversial matters; there is no need to mention that suggested solutions diverge. Then there is also important role of practice of the courts that attempts to interpret the undefined terms, but it is similar as...
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Selected topics concerning immovable property and its disposition in amended Czech civil law legislation
Kolban, Petr ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The present doctoral thesis is aimed at selected questions related to the specification of real estate and the property rights associated with it. Taking into consideration legal acts of obligational character (e.g. rent), it profoundly analyzes the European dimension affecting the management of immovable property as well as provides a comparison of the recent case law, a topic covered in individual parts of the text, while evaluating the applicability of these judgments in the future, that is, in relation to the current Civil law. Following an introduction defining the main objectives of the paper, the second chapter is dedicated to the characterization of some basic questions associated with individual kinds of immovable property, which, apart from taking account of the individual innovations (some of them re-established) contained in the Code, allow for the impact of previous derogated legal rules on the application of individual amendments proposed by the law (e.g. the re-establishement of the superficies principle). The next chapter examines, besides the basic components and kinds of possession, the essential innovation of the Civil Code, that is, the possessory protection. In relation to this, the chapter also gives an interpretation of two related institutes, namely the institutes of unauthorised...
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Protection of personality rights in relation to the provision of health services
Toužimská, Eliška ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The concept of personality rights and their protection, as well as the view on provision of health services has changed a lot. In relation to recent development in the field of private law there is a need to examine the aspects of personality rights separatelyy and also in broughter context. This Master's thesis sets as its goal to follow the current legislation and to point out situations where the personality rights can be especially endangered. The second goal is to evaluate current legal issues in foreign countries of the protection of personality rights in relation to the provision of health services in order to see if there is a probability that Czech law will have to deal with similar problems in the future as well. In the first part the concept of personality rights and their protection is introduced. The aspects related to the provision of health services that may be especially endangered are highlighted. Also the possibilities of resolving situations where there is infringement of personality rights are presented. The second part, which is also the most comprehensive of the thesis, deals with the specific institutes that help the protection of the personality rights in the field of health services. These include primarily informed consent, the way of providing it and the consequences of...
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