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Constitutional development of Frankist Spain
Hošková, Hana ; Falada, David (referee) ; Seltenreich, Radim (advisor)
Development of Law and Constitution of Francoist Spain I dare to say that government of Francisco Franco is one of the most interesting periods of world history. Up to present day there are still many political scientists and historians examining it. The answer to the question why Franco raises such an interest, can be found in his uniqueness which also gave a start to a new political regiment. Presented work with name Development of Law and Constitution of Francoist Spain is devoted to period of Francisco Franco's government in Spain. Its main purpose is to describe in details constitutional arrangements in this period and to define which precepts of law were the fundamentals. The interpretation is put in the historical contexts for better understanding. One of the chapters is devoted to period of Francisco Franco's government itself. It is divided to three subchapters. First subchapter concentrates on primary period which I define by years 1936 to 1947. Second part of this chapter is devoted to so-called period of regiment's stabilization between the years 1948 and 1968. Final part is composed of period which began by year 1969 when the crisis of Franco's regiment started and it ended by the death of Franco or to be more specific by declaration of Juan Carlos as Spanish king in the year 1975. This work is...
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Concept of legal personality in Roman law
Bayer, Tomáš ; Bělovský, Petr (referee) ; Falada, David (advisor)
(resumé) The Concept of Legal Subjectivity in Roman law The goal of this thesis is to present the concept of legal subjectivity and legal capacity in Roman law and to demonstrate how this subject is connected with essential issues in Roman law such as citizenship, personal freedom and personal status. The first part of the thesis introduces the concept of legal subjectivity and offers definitions and descriptions of legal subjectivity and legal capacity provided by reputable legal experts and historians. The second part of the thesis focuses on the legal subjectivity of natural persons and consists of several chapters which further elaborate on specific subchapters to the main topic of the second part; specifically: citizenship, personal freedom, slavery and personal status in the Roman family. The concept of Capitis Deminutio, which is so specific to Roman law and non existent in modern legal systems, is also discussed in this part of the thesis. The second part also attempts to shed light on the abundantly discussed topic of the legal position of women in Roman society My endeavour was to point out that laws governing women, which would be considered discriminatory by today's lawyers, were functional and naturally accepted in Roman society. An explanation of the Roman legal institutions of...
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Institut of roman civil process with an emphasis on reception of the roman law
Brantlová, Kateřina ; Falada, David (referee) ; Bělovský, Petr (referee)
Identification of individual phases of development of civil proceedings as an ancient, classic, post-classic and Justinian process has its information value. Original legislation proceedings soon became obsolete as it could not catch on an outset of changes in social development of the country. Therefore, it is no wonder that a vast majority of its inherent features did not make it to the next procedural form. Full impact of legislation proceedings was the most typical for the oldest stage of the Roman history. And again, it is suitable to emphasize the principal benefit of legislation procedure consisting mainly in suppression of unauthorized actions. Legis actione was the first step on a long way leading to better and more perfect procedural regulation. Contrary to the previous procedural regulation the formula proceedings had been for a long time a crucial form of proceedings. Therefore, it did not come from usage in one day, but this process was very slow. This is demonstrated also by relatively long-lasting cohabitation of the classic and cognition procedure. Therefore, the identification "classic" is perfectly appropriate. Paradoxically, this procedure was not the one which should have become a focus of attention of many following generations of jurists. The term "post-classic procedure" can...
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Corporative system of fascist Italy
Zusková, Alena ; Seltenreich, Radim (referee) ; Falada, David (advisor)
80 Název diplomové práce v anglickém jazyce Corporative system of Fascist Italy Shrnutí v anglickém jazyce This graduation thesis disserts upon the subject of "Corporative system of Fascist Italy". My work focuses on the historical evolvement of Italy in the fascist era, primarily being concerned with its corporative system that originated here and was also applied here for the first time. Corporativism in Italy is set in historical, economical and political conjunctions. The word corporativism comes from the Latin corporatio meaning a body or a group. In the present day, there is not just one theory of corporativism, but we can rather talk about many theories. Corporativism is a new system of political economy, whose essence lies in the state control of industry in accordance with ideological principles of unity, order, nationalism and success. The idea of corporativism was earlier associated solely with fascist regimes and thus compromised. It arose in the Fascist Italy and was later applied in Spain, Portugal and pre-Nazi Austria as well. Corporativism can be divided into authoritarian and liberal corporativism (neocorporativism). Because corporativism is set in the Fascist Italy in this work, it is necessary to define the conception of fascism. The word fascism stems from Italian term of fascio, which...
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Procedural time-limits in Roman law
Škeříková, Jana ; Bělovský, Petr (referee) ; Falada, David (referee)
- 105 - Summary Procedural Periods in Roman Law Submitted thesis is focused on chosen questions of procedural periods in Roman law. It is too focused on chosen institutes of roman procedural law. Firstly the thesis dissertates about general information and about and progress of roman procedura law. The relation of roman procedural law to singular procedurals periods was emphasized in the introduction. The crucial part of this opening leans in analysis of singular judicial magistrates. Further the contexture for individual procedural parties was mentioned. The main part of thesis describes separates procedura periods in detail. It makes through particular roman-law institutinos which are alone influenced by procedural periods. The single chapter disserts on prescription of rights, preclusion and temporal character of some actions. These law institutions are very important. It is also crucial in contemporary law. This chapter follows on discourse about executory periods. The final part of thesis is created by question of time and its computation, especially in law and in standing roman life. It was also very necessary to bring in some information in which is not visible relation to the topic because of creating of logical complex instead of lonely collection of articles without sequence. Only due writing of...
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Significance of the formalisation of the conception of the roman citizen for the development of roman law
Falada, David ; Skřejpek, Michal (advisor) ; Bělovský, Petr (referee) ; Židlická, Michaela (referee)
As a pre-requisite for the Roman law to come into existence, a community of people had first to emerge; a community identifying itself vis-à-vis its surroundings. Legal norms that came into being in such community, rather simple legal norms at the time of their hypothetical origin, were gradually developed in line with the development of such community throughout the times. The outcome is an elaborated system of Roman law that communicates with us even today. The presented paper endeavours to shed some light at some profound aspects of the formation of the Roman nation on its road to the definition of the Roman citizenship. In the case of the Romans we cannot use simple definition features, such as the language (as the Latin language was shared by other peoples of the ancient Italy) or the religion (as the ancient polytheism intertwined various cultures of the given times) or a territory. The paper offers views into the combinations of the Roman culture with those other ancient cultures that shared numerous aspects with it and that had a formatting effect on it. It also addresses the role of the religion in the formatting process of the original Roman society. The result is an attempt for a definition of the Roman nation, i.e. the personal area serving the creation and development of the Roman law...
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