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Duty of Care in Czech and German Civil Law
Scholle, Jan ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Duty of Care in Czech and German Civil Law Abstract The thesis deals with the importance of duties to prevent damages (duties of care) in Czech civil law. It focuses on detailed analysis of a few provisions of the Czech Civil Code. The main attention is focused on s. 415 of the Civil Code (Act No. 40/1964 Coll, the Civil Code, as amended; "OZ") establishing "the general duty of care". Findings about duties of care in the Civil Code are compared to a system of duties of care in German law of delict and additionally discussed using tools of economic analysis of law. The paper results in recommending changes in wording and interpretation of the duties of care and their comparison with the wording established by Act No. 89/2012 Coll., Civil Code ("NOZ"), effective from 1 January 2014. Chapter One examines development of interpretation of main provisions of OZ establishing duties of care. It briefly analyzes basic aspects of law of delict of OZ. It makes use of these findings in order to describe a position of duties of care in law of delict and limits of their interpretation. The main imperfections of their interpretation are illustrated on a couple of judicial decisions. Chapter Two briefly describes the system of law of delict under the German Civil Code ("BGB"). The chapter explores criteria of application...
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Distinction between the Civil Law and Anglo-Saxon Systems of Legal Culture and a Tendency towards their Convergence
Nop, Michal ; Gerloch, Aleš (advisor) ; Maršálek, Pavel (referee) ; Večeřa, Miloš (referee)
1 Abstract Distinction between the Civil Law and Anglo-Saxon Systems of Legal Culture and a Tendency towards their Convergence In the presented dissertation, it is assessed whether it is still relevant to consider the Anglo- Saxon and civil law types of legal culture as two specific, different socio-cultural systems. Therefore, the paper is focused on the comparison of the Anglo-Saxon and civil law types of legal cultures. In the work, it is hypothesized that in the Anglo-Saxon and civil law cultures, there is a long-term tendency to converge. The work seeks to find key factors that affect the relationship between the observed legal cultures. The fundamental method of this paper is the comparative method in its sociological form. Typically, the multilateral comparative approach is employed. The historical comparison also has its place herein. The sociological conception is connected with the consideration of dominant currents of thought in both types of legal culture. The different way of writing court decisions or different methods of interpreting legal regulations are also reflected. The dissertation examines the issue of scientific comparison and its possibilities, the essence of legal cultures, methodological approach and historical changes in the civil law and Anglo-Saxon types of legal culture. The...
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Servitudes
Houdková, Veronika ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Servitudes Abstract The aim of this thesis is to analyse the legal institute of servitudes and its issues, especially focusing on its current legal regulation in the Civil Code and related case law. The thesis deals with the problematic issues that arise in connection with the examined institute and tries to find possible ways of overcoming the flaws of the legal regulation. The thesis is divided into four parts. The first chapter briefly outlines the theoretical concept of servitudes. The second part of the thesis analyses the historical development of servitudes from their beginnings in Roman law, when the foundations of the institution under study were formed and, in many ways, survive to this day. It then continues with an explanation of the codifications regulating servitudes. It continues with an explanation of the codifications regulating easements in the Czech territory from the General Civil Code through the communist codifications of 1950 and 1964, in the latter case the most important amendments are described. Then the reasons for the deletion of the term servitude from the applicable law and its replacement by a superior term covering both servitudes and real burdens, which was the state of law until the adoption of the current Civil Code, are discussed. This part of the thesis focuses on the...
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Easement of areas designated for overflowing of floods
Kubala, Martin ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Easement of areas designated for overflowing of floods - Abstract The aim of this thesis is to elaborate and subsequently provide an analysis of the current legal regulation of the easement of areas designated for overflowing of floods in Czech civil law. With regard to the historical development of easements as a superior concept of the easement of areas designated for overflowing of floods, as well as with regard to the regulation of a similar institute, which is the area designated for controlled flood overflowing under the Water Act. This thesis focuses on approaching the relatively young institute of the easement of areas designated for overflowing of floods in Czech civil law, clarifying its basic essence and its use in practice. The first chapter briefly outlines the basic characteristics of easements and their subdivision. The second chapter of the thesis briefly outlines the basic characteristics of the easement of areas designated for overflowing of floods. In the third chapter, this thesis focuses on the historical development of easements from Roman law until the Civil Code of 1964, focusing on the general historical development of easements in the absence of specific regulation of the easement of areas designated for overflowing of floods in this historical development. The greatest emphasis in...
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Easements
Hruška, Marek ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Easements Abstract The aim of this thesis is to provide readers with a comprehensive view of the legal institution of easements. Thus, easements are analysed not only in the context of the existing legal regulation, but also in the context of their historical development. The aim of this thesis is also to analyse the points of contention in the existing legal framework. To this end, the readers of this thesis are offered relevant expert opinions on the controversial issue. These opinions are supplemented, where appropriate, by the opinion of the author of this thesis, who also gives his view on the issue. Relevant case-law is continuously offered in the thesis to supplement the analysis of the individual sub-aspects. The thesis is divided into three chapters. The first chapter is devoted to the definition of the legal institution of easements, with which the thesis further deals. The second chapter of the thesis is devoted to the historical development of easements. Attention is paid in particular to Roman law, which is the ideological basis of servitudes. This chapter also examines the regulation of easements in the General Civil Code of 1811, which was the first comprehensive regulation of easements in the Czech territory, and the Civil Codes of 1950 and 1964. The third chapter concerns the current legal...
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Law of Lien
Hermann, Jiří
Disseration thesis - Law of Lien Mgr. Jiří Hermann Law of Lien is basic form of security interest which importance is proved by long term tradition. During time the Law of Lien was modified which reflected economic development which result to the current modern state. Even if legal regulations of Lien are different with respect to the concrete developmentu in each state, its basic principles, functions and its meritum are same for the centuries. Importance of the Law of Lien as security interest is emphasized namely by high level of security which is given to the Lien Creditor. Because of this reason is Lien one form the most used legal security interests in worldwide respect. The Objective of Thesis is to summarize the very wide and complicated regulation of Lien and suggest de lege ferenda new regulation which makes the institutes more clear and increase the security of the Creditor. The theme of thesis is very wide. In respect to volume of relevant institutes is conception of the thesis as complex view on Lien as the security instrument. The Thesis shall explain with principles of Lien and raise the problematic topic. In several cases is regulation of Lien unclear which cause the application troubles. The thesis is pointing out such topics and suggests possible solution, which is in accordance...
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Silent partnership contract
Krch, Pavel ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Silent partnership contract Abstract The topic of this rigorous work is silent partnership. Silent partnership is contractual legal relationship which is established by a silent partnership contract. Current valid and effective legislation can be found in the Civil Code specifically in the provisions of § 2747 to § 2755. The rigorous work is systematically divided into five consecutive chapters. In the first chapter, I dealt with the historical development of silent partnership from its beginnings in ABGB until present. I mainly focused on how it changed over time, what was added in the adjustment or what, on the contrary, became obsolete over time. The second chapter is devoted to the current legislation in the Civil Code. I have introduced under what circumstances it is possible to deviate from the legal text and I drew attention to the provisions of § 13 of the Civil Code which introduces so-called "quasi-precedents." Further I focused on the essentials of a silent partnership contract. Attention was focused especially to the subjects and the object. In the case of subjects, I focused on who can be the subject of a silent partnership contract, the possibility of pluralism on the part of the silent partner and on the part of the entrepreneur. In the case of the object, I then thoroughly analyzed the...
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Law and Artificial Intelligence
Němec, Daniel ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
1 Law and Artificial Intelligence Abstract At present, the legal order of the Czech Republic is not directly concerned with artificial intelligence, even though the first technologies and systems based on it are already appearing. However, a number of soft law materials (strategies, plans and declarations) issued both by the Czech authorities and also within the European Union (especially by the European Commission) deal with artificial intelligence. Both Czech and EU materials are outlined in the thesis and are considered in further research. The aim of this thesis is to evaluate the actual needs to deal with artificial intelligence from a legal point of view and whether the current legislation is sufficient and applicable to artificial intelligence systems. After the introductory part, the thesis gives an overview of the history of artificial intelligence and its development, tries to define the term of artificial intelligence and related terms (algorithm, machine learning, deep learning) and then examines whether artificial intelligence can be included under some legal concepts (categories) already existing (artificial intelligence as a computer program, thing, product, computer virus and more). Furthermore, the thesis discusses the development and research of artificial intelligence, including ethical...
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Transformation of Austrian and Hungarian law during the First World War (1914 - 1918)
Láznička, Alois ; Kindl, Vladimír (advisor) ; Šouša, Jiří (referee)
Transformation of Austrian and Hungarian law during the First World War (1914 - 1918) Abstract The diploma thesis deals with the analysis of changes in Austrian and Hungarian law during the First World War with a focus on the Cisleithanian part of the monarchy. At the same time, it seeks to answer the question of whether the measures taken were proportionate to the circumstances of the war. Specifically, it examines changes in constitutional, administrative, criminal and civil law. Other branches of law are also mentioned in passing. The method is a comparison of the pre-war state with important legal norms adopted in case of war or in response to war developments. All this is complemented by a contemporary context with an emphasis on the history of the Czech lands. The thesis uses both primary sources, in the form of norms of Austro-Hungarian law, and secondary literature. In general, it can be stated that the changes adopted were pervasive, in all areas examined. However, the intensity and proportionality varied according to the specific legal sector. At the level of constitutional law, there was a de facto change in the form of the state from a constitutional monarchy to a military-administrative dictatorship, and some civil rights were suspended. The change in criminal and administrative law is...
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Development of Lien in Czech countries
Kopáček, Jakub ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
1 Development of Lien in Czech Countries Abstract The diploma thesis examines the development of lien in the Czech countries. The first part is focused on the theoretical description of the laws of lien from the point of view of today's legal theory. The theoretical description shall help the reader with better orientation and understanding of the basic principles of the lien, which developments are examined in the following parts. One of the main goals of the diploma thesis in the second part is to describe the development of lien, using the description method. The development of lien is described from its beginnings in Roman law which fundamentally shaped the next development of lien, through the Middle Ages, where the laws of lien were partly fragmented, until current legislation which mostly follows the Roman law heritage. In the second part of the diploma thesis, the main emphasis is placed on the development of lien after the year 1811, where are also considered the significant social and economic events in the history of the Czech countries, which visibly shaped the forms of lien. The obtained data are further used in the third part of the diploma thesis for the comparison of the three main Czech civil law codes, namely Act No. 946/1811 Coll., the General Civil Code, Act No. 40/1964 Coll., the Civil...
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