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Selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code, in comparasion with recent legislation
Mužík, Vít ; Šouša, Jiří (advisor) ; Blažek, Lukáš (referee)
Selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code, in comparasion with recent legislation Abstract The thesis deals with selected issues of inheritance law according to Act No. 141/1950 Coll., Civil Code (hereinafter referred to as "CC 1950"), and compares them with the current legislation. The Civil Code 1950, which came into force on 1 January 1951, significantly reformed the form of the existing (then) inheritance law, excluding a number of legal institutes from the legal system in order to simplify the legal regulation. For example, the legal institutes of the contract of inheritance, fideicommissary substitution, donation mortis causa, codicil, etc. were abandoned. The current legal regulation, i.e. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "CC 2012"), which is partly inspired by the General Civil Code promulgated by Imperial Patent No. 946/1811 Coll., restores some of the previously abandoned legal institutes. It must be admitted, however, that in some essential matters of inheritance law the recent legislation also follows the tradition established by the CC 1950, in particular as regards the issue of the moment of transfer of rights and obligations from the testator to the heirs. Attention is paid to the nature of the rights and...
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Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation
Mužík, Vít ; Šouša, Jiří (advisor) ; Soukup, Ladislav (referee)
Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation Abstract The thesis deals with the contract of sale and other selected legal institutes of contract law according to the Act No. 141/1950 Coll., the Civil Code (hereinafter "OZ 1950") while comparing them with the recent legislation contained in the Act No. 89/2012 Coll., the Civil Code. The contract of sale is generally one of the most important means of realizing the autonomy of the will of the subject bearing rights and obligations, moreover it is one of the most frequent ways of transferring ownership. The thesis offers a critical view of the legal regulation of legal institutes in both mentioned codes, when at the same time, both positive and negative aspects of the given legal regulations are pointed out. On this count, in relation to the recent legal regulation, some considerations de lege ferenda are stated, and furthermore some inaccuracies in the prevailing current evaluation of the OZ 1950 are also noted. The legal institutes that are mentioned in this thesis are e.g., legal act, its requisites and defects, the concept of contract and obligation with their theoretical definition, the principles of contract law or certain issues of tort lawin...
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