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Constitutional changes in the Czechoslovak Republic in 1938-1939
Hofman, Lukáš ; Kuklík, Jan (advisor) ; Starý, Marek (referee)
This work deals with legal aspects of changes in Czechoslovakia in 1938-1939. Firstly, it outlines the historical background and relationships that were being formed during the First Republic. It further deals, in particular, with the constitutional development in course of so-called Munich crisis, i.e. describes plans for rebuilding of Czechoslovakia, as well as adopted measures and the Munich agreement itself that led to reduction of the territory of the state and liquidation of its political and economic independence. It also deals with development of the Second, post-Munich Republic from both internal and international perspective. Regarding internal changes, it points out to creation of autonomous lands, election of president Hácha, adoption of Enabling Act and elections to autonomous assemblies. To make the picture complete, several issues regulated on level of ordinary acts are chosen that demonstrate a shift from principles of humanism and democracy. A part devoted to the international development depicts territorial losses in favor of neighboring countries, effort to obtain guarantees of borders, as well as it mentions forms of forced cooperation with Germany. The end of the work deals with disintegration of the state, i.e. declaration of Slovak independence and invasion in the Czech lands...
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Legal forms of political persecution in the Czechoslovak Republic in the period of communist totalitarian regime
Hlaváček, Radek ; Kuklík, Jan (advisor) ; Starý, Marek (referee)
Legal forms of political persecution in the Czechoslovak Republic in the period of communist totalitarian régime This thesis Legal forms of political persecution in the Czechoslovak Republic in the period of communist totalitarian régime is divided into five chapters. In the theoretical part of the thesis (chapter No. 1) the author defines examined period to be between years 1948-1960, defines political persecution as a legal term and desribes the ideological basis of communist law. In the end of this chapter there is a categorisation of legal forms of political persecution that is reflected in the core part of this work. In the second chapter author depicts causes of political persecution in the Czechoslovak Republic in the period of communist totalitarian régime that are based on legal and political developement between years 1945 and 1948. In the scope of this chapter author also offers a general characteristics of the period of so called Third republic. Constitutional developement in the Czechoslovak Republic after second world war and the system of Popular Front of Czechs and Slovaks are also depicted here. This chapter also includes assessment of the constitutional system of the Czechoslovak Republic between years 1948 and 1960 and of the political situation in the years 1945-1948. The...
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Status of the emperor according to the Austrian constitutions
Danielovský, Martin ; Starý, Marek (advisor) ; Kindl, Vladimír (referee)
Resume Status of the emperor according to the Austrian constitutions The purpose of this thesis is to analyze the position which belonged to the head of the Habsburg Monarchy according to the Austrian Constitutions from the second half of the 19th century. The revolutionary years 1848-1849 caused changes in the constitutional system of the monarchy. These changes were also reflected at the level of head of state. The emperor was no longer to be sole representative of state power, but he had to participate in it together with the parliament and the government. When examining these changes, it is necessary to differentiate the formal position of Emperor, which belonged to him under the Constitutions and his factual position. Realistically, the emperor maintained until the collapse of the monarchy considerable influence on the exercise of state power. The work explores the following constitutions: Pillersdorf (April) constitution of 1848, Kremsier constitution of 1849, Stadion (March) constitution of 1849, Schmerling (February) constitution of 1861 and Beust (December) constitution of 1867. The work is divided into six chapters. The first chapter describes constitutional and political development of the Habsburg monarchy since revolution in 1848 until the release of the December constitution in 1867 and it...
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The duel in Czech law
Jindříšková, Eliška ; Starý, Marek (advisor) ; Skřejpková, Petra (referee)
The purpose of the thesis is to analyse the law approach to duels in Czech law history and by analysis of selected legal texts to confirm the hypothesis that rather than idea of social development with ideas of humanity it is the fact that duel by its nature is competing with the law that determines the prevailing law approach to duels and the progress of this approach. This matter, the law approach to duels changing dynamically in history, is observed particularly from a law-giver point of view. The thesis consists of eight chapters, including introductory and ending part. The division into chapters is made chronologically with respect to prevailing law approach to duels (with the exception of the first and second chapter). In Introduction are briefly listed and evaluated works dealing with the abovementioned matter as well as introduction to the methodology used in the thesis. Chapter One examines meaning, origins and development of meaning of the word duel ("souboj" in Czech) and its equivalents. Chapter Two deals with origins of the duel. It is divided into two parts. Part One presents the main approaches in recent literature to the matter of duel origins. Part Two focuses on one of the most important sources of duel - a feud. Chapter Three is addressed to the duel as a part of legal...
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Restitution of works of art seized during World War II
Procházková, Andrea ; Starý, Marek (advisor) ; Šouša, Jiří (referee)
Restitution of works of art seized during World War II Abstract This thesis, entitled "Restitution of Artworks Seized during World War II," examines the reasons for the Nazi looting of art across Europe during World War II, developments before and during the war, the subsequent fate of lost artworks, international efforts to repair the damage, and the current situation. This thesis looks at the issue from the perspective of the legal framework in each of the countries involved, while showing the real difficulties faced by individuals in trying to recover lost family property. Above all, this thesis is an analysis of a complex legal situation where both international and national law is failing, while showing how flexibility of law and time are key factors in achieving satisfaction. This thesis is divided into seven chapters and includes a pictorial appendix. The first chapter explains why the Nazis showed such a strong interest in art collections, how they viewed art, and how the acquired works were intended to serve the Reich. The second chapter deals in detail with the concept of "degenerate art," which permeates the entire issue and this thesis. It sheds light on Adolf Hitler's specific relationship with art and modern artistic movements, outlines the grand plans of the Nazis and proves that it was not...
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Origination of the uniform agricultural cooperatives ("JZD") and their legal basis
Wágner, Adam ; Soukup, Ladislav (advisor) ; Starý, Marek (referee)
Origination of the uniform agricultural cooperatives ("UAC") and their legal basis Abstract: The aim of this thesis was to map in detail the process of the formation of unified agricultural cooperatives. Furthermore, I have tried to characterize the basic features that played a role in the process of the formation of unitary agricultural cooperatives. In my thesis, I proceed chronologically from the publication of the Kosice Government Programme to the government's declaration of 15 September 1953. The first part of my work is devoted to the post-war period. In the introduction of the first part I try to outline the situation that prevailed in the then Czechoslovakia and I accentuate any mention of cooperatives. I then turn to the so-called six agricultural acts and the Hradec programme. The second part of my work is devoted to the events from the victory in February until the adoption of the law on unified agricultural cooperatives. This section begins by mentioning the first post-February government program statement and the agricultural laws passed on March 21, 1948. Next, I present the first post-war agricultural cooperatives concept. Much space is then devoted to the Information Bureau Resolution of June 28, 1948, and the subsequent creation of the conditions for the unified agricultural cooperatives...
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Maid or companion: Austrocatolicism as a model of the Catholic state or state Catholicism?
Círus, Vojtěch ; Šouša, Jiří (advisor) ; Starý, Marek (referee)
Maid or companion: Austrocatolicism as a model of the Catholic state or state Catholicism? The presented work is from the field of legal history, but due to the topic, it also extends into other branches of law, especially religion law. This topic is the relationship between the state and the Catholic Church in the Habsburg Monarchy (including the period of the Austrian Empire and the Cisleithania). That is a relationship that is sometimes called the term austratolicism. The author's goal is to characterize this concept. To this goal, the religion law model of the Habsburg monarchy is first characterized, as well as the dynastic relationship of the Habsburgs to the Catholic Church and, in this context, the Ius exclusivae institute. Subsequently, the work turns into a historical interpretation of the changes in the mutual relations between the state and the church. It begins in the 18th century (with a small excursion into the deeper past), part of which is devoted to a situation where the church was ruled by an Enlightenment state called Josephineism. The author tries to understand its roots and place it in the broader context of the Enlightenment. Above all, however, he describes the methods that Josephineism applied to the Church. The interpretation continues into the 19th century, at the beginning of...
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Magdeburg law in Bohemia and Moravia in the period of 14th to 16th century
Dolečková, Martina ; Starý, Marek (referee)
Magdeburg law in Bohemia and Moravia in the period of 14th to 16th century Abstract This thesis aims to discuss the development and form of Magdeburg law in the period of 14th to 16th century including the analysis of existing research about Magdeburg law. The thesis is mainly focused on Litoměřice and Olomouc as the heads of Magdeburg municipal family in Bohemia and Moravia. The thesis is based on the comprehensive analysis of Magdeburg law beginning with its origins and development trends and ending with the description and characteristic of its legal sources as well as its most important legal institutes. The thesis uses not only legal-historical, but also historical and auxiliary historical methods, specifically the method of legal analysis of the text, diplomatic method, comparative method and analysis of the literature. The aim of the thesis is first, to present the state of historical research and literature on Magdeburg law. The goal here is to offer the reader a comprehensive overview of current trends in the research, pending discourse and the various approaches to Magdeburg law. The second aim is to analyse the development of Magdeburg law with the special focus on Litoměřice and Olomouc, which could be described as the most important appealing cities within the Magdeburg legal area in Bohemia...
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Local people's courts in Jablonec area
Beerová, Zuzana ; Starý, Marek (referee)
Local people's courts in Jablonec area Abstract The thesis Local people's courts in Jablonec area consists of two basic parts. The general part applies generally to the institution of people's courts, their ideological grounds, the local people's courts statute and it's interpretation, the problems of chosen institutes are connected to the people's courts statute and to the activities of these courts. In the special part consisted by the parts 2 - 4 focuses the thesis on the application and comparison of findings from the general part to experiences of concrete local people's courts in Jablonec area, precisely in the district of Jablonec nad Nisou. For the general part were as sources used mainly periodical monographs dedicated to the theme local people's courts and periodical articles in the specialized journals Právník and Socialistická zákonnost. The thesis is also based on contemporary articles, mainly from the L. Soukup's article. In the special part processes the thesis the accessible archival funds about concrete local people's courts kept in the State district archives in Jablonec nad Nisou and Most. The local people's courts were an experiment of the socialistic judiciary situated on the boundary of executive and judicial power, with a character similar to the nowadays district courts and offence...
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Legal historical development of agricultural cooperatives in the czech lands 1945 - 1949
Kašpárek, Zbyněk ; Soukup, Ladislav (advisor) ; Starý, Marek (referee)
The presented rigorous thesis deals with the legal-historical development of agricultural cooperatives in a defined period, in the years 1945 - 1949, including the necessary introduction to the issue and also a brief overlap to 1950. The work is divided into three parts, while its focus is conceived by the author into its second, respectively third part. In summary, a continuous period of five years is discussed. The author captures not only the legal development of the discussed topic, but also its placement in historical and political events and contexts of the time. This topic is very close to the author. Already in the past, in his diploma thesis he discussed some related topics in an identically defined period, when he dealt, among other things, with the political and legal preparation of the collectivization of agriculture in the Czechoslovak Republic. Now the author discusses the legal and historical development of agricultural cooperatives in a defined period of time. In the last part of the work, the author deals with the analysis of the then adopted new legislation concerning agricultural cooperatives, respectively unified agricultural cooperatives, which was a completely new type of cooperative. The author also points out the application problems related to this new legislation. In the...
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