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Protection of personality
Jechová, Eva ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The topic of my rigorous thesis is the issue of the protection of personality. The area of the protection of personality is very diverse and it is rightly considered one of the most important areas of civil law. Personal rights constitute a broad set of rights, which comes to the fore particularly in advanced societies based on pluralistic democracy and free markets. Values which form the personality of each person are significant enough, that their protection fulfills in the democratic state respecting the rule of law irreplaceable role. These rights to the protection of personal rights are not yet nowhere deeper comprehensively codified and their legal regulation is found in different legislation, ranging from constitutional law, as well as in many international treaties, and also in the Civil Code, the Law on Personal Data Protection, the Law on Broadcasting, Criminal Law and many other laws. Inalienable role in the promotion and protection of personal rights jurisprudence holds. With effect from 1st January 2014 there occurred a major change in legislation, inter alia, in the field of the protection of personality when became effective the Act no. 89/2012 Coll., The Civil Code. In my rigorous thesis I analyze the basic legal concepts related to protection of personality due to the change in...
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Intervention of the state bodies in the field of the substitute for family care
Strouhová, Vladimíra ; Radvanová, Senta (advisor) ; Salač, Josef (referee)
: The theme of the thesis for the rigorous work is the intervention of the state bodies in the field of the substitute for family care. The given issue is considered not only from the private-legal point of view but the whole thesis contains also the endeavour to analyse the considerably complicated and continuously developing problems from the public-legal point of view in connections with the interventions and competencies of the state and the appropriate bodies thereof considering the existence of the public interest of the society consisting in the protection of the rights of endangered children growing up in an inconvenient family environment or without it in institutional homes. The author also pays attention to the previous legal regulation of the substitute for family care as well as the current one in connection with the new Civil Code, juridical decisions of higher courts, including the European Court of Human Rights, and international contracts concerning the right to respect for family life. The thesis is supplied with a treatise about psychological aspects of the substitute for family care and a digression into foreign countries comparing the legal regulations of three selected EU- countries, i.e. England, Slovakia and Bulgaria. The aim of the thesis is to show the present problems,...
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Living will in the Czech Republic's legislation in comparison with Australian Legislation
Kocichová, Ondřejka ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The aim of this thesis is a detailed description and analysis of the institute advance directives/previously expressed wishes in the Czech Republic in comparison with the Australian legislation. This thesis deals with the Queenland's legislation and the legislation of the Northern Territory. The methods used in this thesis are analyzes of legal norms and comparison of specific law regulations. Introductory chapters are focused on the principle of patient's autonomy in the Czech Republic legislation and on the protection of the person's integrity. The thesis covers not only the rules contained in the Act. No. 89/2012 Coll., the Civil Code, but also mentions rules in the Act. No. 40/1964 Coll., the Civil Code. The next chapter is focused on different patient's rights, such as the right to life and be healthy, the right to self-determination and the right to dignity. In the second part, the author focuses on the institute of advance directives/previously expressed wishes. First within the international legal framework. This chapter also underlines negative opinions about advance directives/previously expressed wishes and points out the benefits of their use in practice. Next the author focuses on the Czech legal regulations. The author does not mention only the Health Services Act, but also not...
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Compensation for non-pecuniary damages with regard to medical disputes
Kubíček, Tomáš ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The aim of this thesis is to describe Czech approach towards pecuniary compensation in connection with immaterial damage arising from providing medical care. Protection of patient's personality rights and eventually that of his relatives is stressed out. Over the last few decades, the issue of compensation for immaterial harm has become more significant, whereas the same could be said about the role of patient in the system of providing medical care. Regarding the fact that there is currently a period of recodification of Czech private law, it is opportunity to have hindsight of where theory, respectively judicial practice, has reached regarding immaterial damage compensations. Therewithal, it is necessary to try to describe and analyze new laws and compare them with the current laws and evaluate their positive and possible negative approaches. This thesis is divided into five chapters. The first one is an introduction and it is divided into three parts. The first one deals with the issue of medical-legal disputes, the second one focuses on the issue of sources of law and the third one on questions arising from protection of personality rights. The second chapter straightly deals with the issue of immaterial satisfaction according to the Civil Code of 1964 and discusses its purpose and questions...
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Common property of spouses
Langová, Dagmar ; Salač, Josef (advisor) ; Šustek, Petr (referee)
My thesis is about Common property of spouses with connection of private entrepreneurship of the spouses. The issue itself is really wide, nevertheless I think that for better understanding of property rights and duties is necessary to define basic attribute of common spouses as an establishment, subject, modification, termination and dissolution of common property of spouses. The theses describing differences and specifies of mentioning expressions with the connection of entrepreneurship of the spouses. Because of Civil code can not predict every situation that life brings, I try to implement into my theses also judicial decision and practices, specifically judicatures of higher court and provide the reader answers on the situation which could occur in the real life. In the connection of the new Civil code which is valid from the beginning of 2014, the theses take the common property of spouses in the consideration of new legal norm. I am also comparing the old version of Civil low with the new Civil code and pointing out of problematic spots which generate the additional questions. To find out the proper and clear answers will provide only future practice.
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Lease and sublease of commercial spaces
Pavláková, Valerie ; Salač, Josef (advisor) ; Elischer, David (referee)
6 Abstract The thesis is analysing lease and sublease of non-residential premises. Lease and sublease of non-residential premises as an institute enables authorized subjects to dispose with non-residential premises and convey for payment to other subjects to use. The main aim of the thesis was to describe and analyse both, current legal regulation and future legal regulation of lease and sublease of non-residential premises with respect to Act no.89/2012 Coll., The Civil Code effective from the 1st January 2014. The main subject of the explanation are the individual aspects of the legal relations with the intention of providing comprehensive commentary regarding the institute of lease and sublease of non-residential premises. I aimed at the essential appropriateness of the lease agreement, most common forms of lease termination and its consequences, further rights and obligations of both, lessor and lessee, including sublease of non-residential premises as a particular regulation within the frame of lease. Lease and sublease of non-residential premise is specifically regulated in Act no. 166/1990 Coll., Lease and Sublease of Non-residential premises and current Civil Code. Act no.89/2012 Coll., New Civil Code, to be effective from 1st January which not only replace current Civil Code no.40/1964 Coll., but...
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Informed consent - comparison of Czech and English law
Pham, Bich Ngoc ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Informed consent is a basic institution of health services. This work aims at comparison of the basic components of informed consent in the Czech and English law. The beginning is dedicated to the development and the current relationship between patient and doctor. The traditional paternalistic approach that was prevailing until recently in the health care will be examined more in detail. Furthermore, the work deals with the concept of informed consent as such. The components of the informed consent will be specified as well as the form of the informed consent. Disclosure of the risks and other information must precede for the informed consent to be valid and the consent also have to meet the requirements of legal actions. Text will also focus on informed consent of the minors. Finally, an advance decision will be examined including its conditions of validity. Powered by TCPDF (www.tcpdf.org)
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Legal regulation of sale of property-comparison of current civil code and the proposed new wording of Civil Code
Velas, Michal ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis analyzes the problem of real property selling in the legal sense under Act No. 89/2012 Coll. compared to Act No. 40/1964 Coll. and also contains their comparison. Firstly, the definition of real property and its transfer under Act 40/1964 Coll. is being examined. This paper deals particularly with new principle of superficies solo cedit and influence it has on real property selling, as well as with real property definition. Further issues covered are material publicity, note of disputability and requirement of written form upon transfer of real estate. At the end this thesis compares selected legal concepts and pros and cons brought by new legislation. title: Legal regulation of sale of property - comparison of current civil code and the proposed new wording of Civil Code keywords: real property, sale, legal concept of superficies solo cedit, material publicity, land registry
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Change of legal position of parties to agreements on lease of non-residential premises in relation to Act No. 89/2012 Coll. becoming effective
Chalupová, Eliška ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
CHANGE OF LEGAL POSITION OF PARTIES TO AGREEMENTS ON LEASE OF NON-RESIDENTIAL PREMISES IN RELATION TO ACT NO. 89/2012 COLL. BECOMING EFFECTIVE Summary: The purpose of my thesis is to analyse the legal consequence of the Act. No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), coming into effectiveness in the Czech Republic on 1 January 2014, with regards to lease agreements on lease of non-residential premises (re-defined by the Civil Code as premises for business purposes). The reason for this analysis is the fact that, as a result of the Civil Code becoming effective, all the lease relationships, including lease relationships under lease agreement concluded prior to 1 January 2014 shall be governed by the Civil Code. Given that the introduction of the Civil Code represents full recodification of the civil law in the Czech Republic, the related changes concerning the lease agreements on lease of premises for business purposes are of significant character. Accordingly, the thesis is mainly addressed to the parties to the existing lease agreements on premises for business purposes concluded on 31 December 2013 or earlier, even though it may be found of use for other addressees as well. The first chapter is introductory as it outlines the new concept of obligations, subject of which is use of...
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Unit owners association as a subject of law
Vrobel, Rostislav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis is to describe unit owners association as a subject of law in the Czech Republic. It focuses on analysis of the most significant problems of the current legal regulation in the Act No. 72/1994 Coll., on apartment ownership. It also concurrently reflects the legislation in the new civil code, in which is the apartment ownership incorporated. The subject of thesis was selected because of its actuality in the professional literature and in the daily life. The issue of the unit owners association affects more and more inhabitants because of its mandatory membership and increasing amount of apartment owners. This dissertation consists of six individual chapters. Each chapter looks at the basic principles of the unit owners association and contains subchapter reflecting legal regulation in the new civil code. The first chapter concentrates on the legal regulation of the unit owners association. It looks at the most significant changes in the apartment ownership legislation, which have constituted unit owners association as a legal person. It also includes basic analysis and classification of amendment to apartment owners legislation in the new civil code. The second chapter looks at the legal status of unit owners association. It describes its characteristics as a person of law,...
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