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Consequences of defects in legal acts
Piatka, Juraj ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The purpose of this master's degree thesis is to analyze a fundamental area of Civil Law - the consequences of defects in legal acts. The reason for this research is that this area of law is of great importance mainly but not limited to the contractual obligations and the numerous changes introduced by the new statute, the Act No. 89/2012 Coll., The Civil Code, gave rise to a large number of potential issues. The main objective is to provide a general overview of legal consequences of defective legal acts in order to better understand the context and the development in this area. The differences between particular consequences are appropriately highlighted and, where relevant, the paper provides comparison with the former legislation and points out the significant case law. The paper is composed of the Introduction, three Chapters and the Conclusion. Chapter One is introductory and defines the concept of "legal acts" and its essentials. In addition, a notion of defects in legal acts is presented. Chapter Two is an analysis of the various consequences of defects in legal acts. It is subdivided into four parts. Part One describes the new concept of non-existence in detail and the most disputable areas are discussed. It is argued that the concept of non- existence, although theoretically sound, does...
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Alternative forms of family cohabitation
Zdražilová, Alena ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
The title of the "Alternative forms of family cohabitation" includes two relative sections - different sex cohabitants and same sex cohabitants. This title analyses the prior, actual and future situation of sex cohabitants and these legislative forms in Czech Republic. The title concerns their evolution, genesis, destruction, duties and rights persons of different sex cohabitants and persóns of same sex cohabitants in the privat and public area. The tendency of this title is critical evaluation the actual legal regulations and the necessity of the new legal rebulations and this in the case of the same sex cohabitants and in the different sex cohabitants.
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Marriage and its dissolution
Ryslová, Michaela ; Salač, Josef (referee) ; Hendrychová, Michaela (referee)
The subject of my thesis is "The marriage and its dissolution". In the first chapter of my essay I deal with define the basic concepts, marriage and family that are necessary for further interpretation. In the second chapter I deal with dissolution of marriage by death and declaration of death. The third chapter is focused on general questions of divorce which are common for three variation of divorce. I also write about historical development and mention procedural aspects. In the fourth chapter I deal with divorce according to § 24 paragraph 1 Act of family. The principal and major part of my work is focused on the status of minor children during divorce. The sixth chapter I focused on the divorce according to § 24a Act of family. The largest part I deal with contract according to § 24a paragraph 1 Act of family. Last part of my work desserts on the divorce according to § 24b Act of family. I compare past, current and future legislation.
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The legal institution of settlement
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The legal institution of settlement of property Summary The purpose of my thesis is to analyse the legal institution of settlement of property, an institution which constitutes an important part of legal order, and to point out the problems, difficulties and questions frequently arising out of practice, out of regular encounters with different branches of law, where we can find the institute of settlement. The reason for my research is to characterise several types of settlements of property, make a brief description of each of them, to point out their distinctive features and to examine the interplay of legal institution as described in law with it's real, day to day application influenced by day to day life. The thesis is composed of four chapters, each of them dealing with different aspects of legal institution of settlement of property. Chapter One is introductory and defines basic principles of settlement of property, it's history, the changes and the evolution of this institute. Chapter Two is subdivided into five parts, each of them dealing with one type of settlement of property, including settlement of residential property, and introducing their basic principles and rules. Chapter Three, consisting of five parts, examines the types of settlement of property more profoundly, dealing with relevant...
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Legal aspects of marriage and registered partnership
Kokošková, Klára ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this master thesis is to compare the status of marriage and registered partnerships across branches of law. The purpose of such comparison was to find out whether it is equal or unequal status and indicate any shortcomings of the legislation in this regard. The thesis is divided into five chapters, each dedicated to a different area of comparison or outlining future legal developments regarding this issue. The first chapter describes the history of marriage and registered partnerships, including the development of homosexuality, the conclusion and termination of these institutes and then analyzes their differences in the described area. The second chapter of this thesis deals with comparison of the rights and obligations of spouses and partners in private law. Attention is focused on civil, family and labour law, but the thesis does not omit the private international law. The most important topics in this area are upbringing of child and property arrangements of spouses and partners. Following the third chapter compares rights and obligations of spouses and partners in public law. Examined branches of law are constitutional, administrative, financial, criminal and social security law. Emphasis is placed mainly on health services and the providing of social benefits. The fourth chapter...
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Legal capacity of minors in comparison with German Law
Ćwierzová, Simona ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis focuses on legal capacity of minors. Maturity of a person depends on his or her age and the development of a personality is consecutive, therefore each legal system must deal with a question how to incorporate a capacity of minors (going through this development) to cause legal effects with own acts. These persons need a higher degree of protection and a different intensity of control or surveillance. Based on general description of several theoretical approaches to the issue the solution chosen in the Czech Republic and in Germany is being closely analyzed. The text of this thesis is divided into five chapters. Firstly, the Czech legislation concerning the issue is being explained. In the first chapter all the basic terms are defined and also the system of legislation regarding legal capacity is shortly outlined. The second chapter includes detailed analysis of legislation concerning legal capacity of minors. The basic criterion for assessment of capacity to cause legal effects with own acts is intellectual and volitional maturity. This criterion is complemented with special cases of a minor acting with consent of his legal representative, operation of business and performance of dependent work. The thesis also mentions acquisition of full legal capacity before reaching the age of majority...
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Public auctions
Šlauf, Dalibor ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Cizojazyčné resumé Public auctions The aim of my thesis written on the topic "Public auctions" is to compile a comprehensive analysis of the topic with focus on the present statue no. 26/2000 Sb., o veřejných dražbách, ve znění pozdějších předpisů (hereinafter referred to as "ZVD"), since it is the most important statue to regulate such legal issue. The legal regulation of public auction has come through a long historical development until its current form, which is in comparison with other countries in facto rare. The thesis is composed of seven chapters, each of them dealing with different aspects concerning auctions. Chapter one introduces the reader in the general matter of public auctions along with the historical context. Historical development of public auctions is divided into three parts, each of them representing certain period and seperated by crucial years. Very significant subchapter gathers distinct opinions of various jurists about legal principle of a public auction in relation to the legislature concerning privatization process in the early nineties of the twentieth century. Chapter two examines relevant Czech legislation. The chapter consists of three parts. First two parts focuse on two basic regimes that allow to organize public auctions in the Czech legislature. The main objective of...
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