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Testate succession
Schneiderová, Martina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The law of succession is a part of civil law and its main goal is to secure the succession during generations. On somebody's decease there is come to gaining inheritance in the same point. The inheritance proceedings begin ex offo subsequently. The purpose of my thesis is to analyse the institution of testate succession. Actually there are two possibilities of inheritance succession. The first is an intestate succession and the alternative is constituted by a testate succession. Although in the Civil Code there is mentioned the intestate succession in the first place, testate succession holds the first position in practice. In fact legal heirs succeed if a deceased doesn't leave any testament. The exception is represented by forced heirs. The legal grounds to the testamentary succession there is a testament, sometimes called a will of deceased, too. It is necessary to write a testament in compliance with provisions of the Civil Code to be valid. The thesis is composed of five chapters, each of them dealing with different aspects of testate succession. Chapter One is introductory and there is also explained the historical context of testate succession. Chapter Two is named "Preconditions of succession", at first it defines basic terminology used in the thesis, for example the subjective law of succession and...
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Invalidity in Civil Law
Langhans, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis is dealing with the notion of invalidity as a juridical institute of civil code. It is expounding the types of invalidity, their common features and differences between them. Particular reasons of invalidity are being examined in detail. The thesis is focused mainly on comparing the legal regulations of the current and the new Czech Civil code.
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Legal capacity of minors in Czech and German law
Kočárková, Marta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is focused on legal capacity of minors. The main issue is an extent and circumstances under which minors are legally incapacitated to oblige themselves and to influence their own legal relationships. The thesis is divided into four main parts. The first part is focused on general definition of legal capacity and the basic concepts of dealing with limited legal capacity. Second part is dealing with evolution of legal capacity from the foundations set by roman law, it's development on Czech territory to the approval of recent civil code and development in Germany. Third part contains an interpretation of German legislation. I pursue the German legislation first because it is very sophisticated and provides us with plenty of vantage points on different aspects of the Czech legislation. The part dedicated to the German legislation subdivided into two chapters, where the first one focuses on general characteristics of the legislation and the principle of graduated legal capacity of minors and the second part deals with minors without legal capacity and minors with limited legal capacity. In the fourth part the Czech legislation is analyzed. First I focus on consideration of minors' capability to act independently with legal effects, then on evaluation of nature of legal acts, representation...
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Testament - a comparison of Czech and German legal regulation
Svejkovská, Teodora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
v anglickém jazyce The aim of the thesis is to compare legal regulations of testament in the Czech and German legislation. A maiori ad minus methodical procedure is used in the thesis. After general characteristics of testament, the work is focused on the regulation of testament in Roman law, which significantly influenced the current legislation in the Czech and German law. Furthermore, the attention is paid to the regulation of testament on the Czech territory during 20th century, especially to the Czech Civil Code 40/1964. Subsequently, the thesis characterizes the current legal regulation of testament in the Czech Civil Code 89/2012 in detail. This analysis is mainly based on legislation, expert commentaries and literature, judgment and internet resources. After processing the Czech regulation of testament, the thesis changes its area of interest to the regulation of the German legislation of testament. At this chapter similar methodological procedure and legal resources were used. The comparison of testament in the Czech and German legal system showed following conclusion: although the legal regulation of testament is very similar, especially due to the historical roots of Czech and German law, several significant differences have been revealed, e. g. the concept of capacity to dispose, the...
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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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Contractual modifications of statutory matrimonial property regime
Kalousková, Iveta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Marriage is a topic that more or less concerns all of us. Community property is a financial aspect of marriage which is inseparably tied to it. Despite it being a fundamental problem, it is not well known to the general public. For this reason the aim of this diploma thesis is to clearly and systematically summarize the issue of contractual marital property law. For better understanding, the thesis defines basic terms of statutory matrimonial property regime, and focuses on parts of community property of spouses. Attention is focused on the issue of usual family equipment, because it was removed from the matrimonial property law due to recodification, which then instituted a new matrimonial regime: The Separate Property Regime. Except for the statutory matrimonial property regime, spouses are allowed to negotiate different property regime by using a contract of modification of community property of spouses. The contractual matrimonial property regime represents a major part of this thesis. First, the thesis deals with contractual matrimonial property regime, and then it mainly focuses on types of matrimonial property contracts, its contents and its limitations. It pays significant attention to registration of matrimonial property contracts, especially to the new publicly accessible list of...
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Suretyship and financial guarantee
Kašparová, Michaela ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Suretyship and financial guarantee - abstract As a topic of my Thesis I chose two civil and earlier also business law institutes Suretyship and Financial guarantee. I have analyzed the actual meaning of the debt security and its legal instruments in first part of my paper. There was a significant change in the Czech legal order since the new civil code came into power. Before the change, the institute of Suretyship was referred to in the "old" civil code Law no. 40/1960 Coll. for civil right purposes and in business code Law no. 513/1991 Coll. for business law purposes. After the recodification of private law, all legal obligations are now jointly in the "new" civil code Law no. 89/2012 Coll. The second part of my paper was dedicated to an analysis of this change and its impact. I went thru the effective legal treatment of the debt security, explained the effective debt security legal system in the civil code (analyzed the general provisions joint for all security institutes) in the next chapter. Furthemore, I dealt with the first of the security institutes being the topic - suretyship. First, I explained the meaning historical evolution since the Roman law, thru middle age, Austria-Hungary and the last century till today. Afterwards I dealt with the basics of suretyship, focused on the main differences...
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The institution of pre-contract liability in theory and practice
Kraus, Radek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Diese Arbeit behandelt das Thema "Rechtsinstitut der vorvertraglichen Haftung in Theorie und Praxis". Die ganze Arbeit ist in drei Teile gegliedert und zwar "Der Begriff der Vorvertraglichen Haftung", "Die Komparative Analyse der ausländischen Rechtsordnungen" und "Das tschechische Konzept der vorvertraglichen Haftung". Das Hauptziel dieser Arbeit ist, die praktischen Aspekte der vorvertraglichen Haftung zu beschreiben, was aber ohne ausreichende theoretische Grundlagen unmöglich ist. Die Doktrin culpa in contrahendo (Verschulden beim Vertragsabschluss) wird Rudolph von Jhering zugeschrieben, denn er hat im Jahre 1861 als erstes die charakteristischen Züge der vorvertraglichen Obligationen beschrieben. Der Autor ordnet in dem ersten Teil dieser Arbeit noch die vorvertragliche Haftung in das Rechtssystem ein. Die zum Teil von dem Autor entworfene Definition dient dann in dem zweiten und dritten Teil zu dem einfacheren Vergleich der Konzepte von vorvertraglicher Haftung in verschiedenen Rechtsordnungen. In dem zweiten Teil wird zuerst das deutsche Konzept der culpa in contrahendo beschrieben, wie es sich von R. von Jhering über die Schuldrechtsmodernisierung bis zum heutigen Tag entwickelt hat. Die Entwicklung der deutschen Auffassung der vorvertraglichen Haftung von der materiellen zur formalen...
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Autonomy of will in private law
Schubertová, Zuzana ; Dvořák, Jan (advisor) ; Elischer, David (referee)
68 Abstract The principle of autonomy of will is a fundamental principle of private law. It is impossible to imagine the functioning of private law without it. The principle is primarily based on the principles of equality and freedom, the key principles on which the foundations of a democratic legal system and free society are built. The aim of my thesis is to define the autonomy of will, compare the principle of autonomy of will with other fundamental doctrines and principles from which it arises and/or principles which are closely related to. I believe that most of the legal relationships based on private law are founded on the principle of autonomy of will, therefore, I decided to describe some of these institutes in more detail in my dissertation as well. The thesis is divided into a general part and a specific part. In the general part I deal predominantly with the inclusion of the principle of autonomy of will into the principles of private law. This part also contains some theoretical concepts and is closely linked to constitutional law, the Bill of Fundamental Rights and Freedoms and the principles on which the Civil Code is built. I further deal with the interpretation of certain terms, then the principle of autonomy of will itself and how it is perceived by several authors. In addition to that, I...
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The impact of altered realtions upon the duration of an obligation
Raffaiová, Markéta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1. Summary The Influence of a Change of Circumstances on the Existence of an Obligation The purpose of my thesis is to present a brief outline of the problems concerning the impact of the change of circumstances on the existence of an obligation. The leading principle looking into this issue is the rebus sic stantibus principle. This principle can be considered as the opposite of the contemporary major contract rule worshipped by most of the European states and thus legal systems, the pacta sunt servanda principle. This principle, meaning the necessity of putting emphasis on the performance, is at present the fundamental principle of contract law of the Czech republic too. However, day-to-day life creates situations, in which the strict compliance with this principle can be in conradiction with justice and the contractor's expectations of the fairness of the law. The rebus sic stantibus principle is presently applied usually only to rare specific cases, the question, whether it should be allowed to terminate the contract under a essential change of the circumstances to all contracts in general, is an object of long-term discussions among many legal experts and legislators. This thesis is composed of five chapters, each of them dealing with different aspects of the essentialy changed circumstances (also...
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