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Non-existence as a new institution of Czech law
Truhličková, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
1 Non-existence as a new institution of Czech law Abstract: This thesis deals with non-existence, an institution that has been introduced with the Civil Code 89/2012 Coll. as another consequence of defective legal acts in addition to invalidity. The aim of this thesis is to provide an analysis of the institution of non- existence in a broader context. The thesis is divided into seven chapters, including the introduction and the conclusion. For the purposes of a comprehensive interpretation, a general introduction of legal acts and their associated institutes will also be given. The first three chapters contain an analysis of legal facts and, in particular, legal acts. First, the notion or concept of legal fact is defined (including its historical development), followed by the definition of legal act as well as the conceptual changes to this notion. Subsequently, the conceptual features of a legal act (the will and its expression, the focus on producing legal consequences, and the recognition of the manifestation of will as a legal act) and the essential elements of a legal act (the elements of the subject, the elements of the will, the elements of the expression of will, and the elements of the object of the legal act) are discussed. The interpretation of the conceptual features and essential elements of a...
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Non-existence as a new institution of Czech law
Bláha, Václav ; Zvára, Michael (referee)
Non-existence as a new institution of Czech law Abstract The aim of the thesis is to examine the institute of non-existence which is new in the Czech law. Therefore, the beginning of the thesis is arranged in order to make clear the chronological development of civil law in terms of wrongful conduct and/or wrongful legal act sanctions. Historically, the General Civil Code (ABGB) is of particular relevance. ABGB was an important civil code not only on our territory but also in Austria and other countries of the former Habsburg Monarchy. While the original text of this Code sanctioned wrongful legal acts by invalidity ("Ungültigkeit"), the 1916 amendment introduced another term into the Code, taken from the German Civil Code (BGB), and namely "Nichtigkeit". Although this term means "invalidity" as well, it was mistakenly translated into Czech by the word "nicotnost" (literally "nothingness" in English). In the thesis, the legal situation in the period from 1948 till 2014 is discussed briefly, mentioning in particular the Family Act which, commencing from 1998, included, in addition to the term "invalidity" (of marriage), also the term "non-existence" (of marriage) stating that no marriage is formed in these cases. The following part of the thesis deals with the applicable law. The problems of legal act, its...
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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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Non-existence as a new institution of Czech law
Buchal, Jiří ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Non-existence as a new legal institution of Czech law This paper deals with non-existence as a legal insitution that has been added to the traditional consequence of defective legal acts - invalidity - during the recodification of Czech private law. The aim of this diploma thesis is to comprehensively analyse the legal institution of non-existence. The paper is divided into eight chapters, the introduction and the conclusion. For the purpose of analysing non-existence comprehensively the paper focuses also on systematic explanation of legal acts themselves. The first chapter brings the definition of legal act, deals with different ways to enter into legal acts as well as forms of legal acts provided by law or by agreement of contracting parties. The second chapter focuses on describing the principles of legal act whilst aiming especially on manifestation of will as the essence of legal act. Besides that this chapter deals with creation of legal acts and their legal effects. The chapter three defines the four essential elements of legal acts - the elements of subject, the elements of will, the elements of manifestation of will and the elements of the object of legal acts. The fourt chapter continues with description of legal acts that suffer from defect in one or more of their essential elements,...
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Invalid and Apparent Termination of Employment by the Employer
Baběrad, Jan ; Tomšej, Jakub (advisor) ; Morávek, Jakub (referee)
71 Invalid and Apparent Termination of Employment by the Employer Abstract This diploma thesis deals with an everlasting issue: invalid and apparent termination of employment by the employer. The text of the thesis is divided into five chapters, further segmented into subchapters, some of these consisting of even lower level chapters. The first chapter covers the historical development of labor law and its separation from civil law into a separate branch of law with its own code. The following chapter defines the basic legal concepts, which are employment and legal transaction, as well as the invalidity and appearance of legal transactions. The second chapter also contains a reflection on the meaningfulness of the legal institute of appearance of a legal transaction. In the third chapter are analyzed specifics of the invalidity of legal transactions in labor law and the consequences of invalidity of the employment termination. The core of the diploma thesis is formed by the fourth and fifths chapters, containing a non- exhaustive list of reasons for invalidity and apparent termination of employment by the employer and a more detailed definition of these reasons, including a thorough analysis of some contentious issues. It was also necessary to cover the ineffective delivery of a document which leads to the...
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Non-existence as a new institution of Czech law
Bláha, Václav ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Non-existence as a new institution of Czech law Abstract The aim of the thesis is to examine the institute of non-existence which is new in the Czech law. Therefore, the beginning of the thesis is arranged in order to make clear the chronological development of civil law in terms of wrongful conduct and/or wrongful legal act sanctions. Historically, the General Civil Code (ABGB) is of particular relevance. ABGB was an important civil code not only on our territory but also in Austria and other countries of the former Habsburg Monarchy. While the original text of this Code sanctioned wrongful legal acts by invalidity ("Ungültigkeit"), the 1916 amendment introduced another term into the Code, taken from the German Civil Code (BGB), and namely "Nichtigkeit". Although this term means "invalidity" as well, it was mistakenly translated into Czech by the word "nicotnost" (literally "nothingness" in English). In the thesis, the legal situation in the period from 1948 till 2014 is discussed briefly, mentioning in particular the Family Act which, commencing from 1998, included, in addition to the term "invalidity" (of marriage), also the term "non-existence" (of marriage) stating that no marriage is formed in these cases. The following part of the thesis deals with the applicable law. The problems of legal act, its...
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Non-existence as a new institution of Czech law
Buchal, Jiří ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Non-existence as a new legal institution of Czech law This paper deals with non-existence as a legal insitution that has been added to the traditional consequence of defective legal acts - invalidity - during the recodification of Czech private law. The aim of this diploma thesis is to comprehensively analyse the legal institution of non-existence. The paper is divided into eight chapters, the introduction and the conclusion. For the purpose of analysing non-existence comprehensively the paper focuses also on systematic explanation of legal acts themselves. The first chapter brings the definition of legal act, deals with different ways to enter into legal acts as well as forms of legal acts provided by law or by agreement of contracting parties. The second chapter focuses on describing the principles of legal act whilst aiming especially on manifestation of will as the essence of legal act. Besides that this chapter deals with creation of legal acts and their legal effects. The chapter three defines the four essential elements of legal acts - the elements of subject, the elements of will, the elements of manifestation of will and the elements of the object of legal acts. The fourt chapter continues with description of legal acts that suffer from defect in one or more of their essential elements,...
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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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Invalid and putative marriage
Jakubčíková, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of my thesis is to describe and to compare individual aspects of invalid and putative marriage in the Czech Republic and the Netherlands and to analyse the reasons which lead to existence of these marriages. The reason for which I have chosen this topic is the fact that marriage is one of the most important legal institutions of family law and since the commencement of the new statute 89/2012 Sb., some requirements for marriage have been changed. The Dutch law is based on very similar principles as the Czech law, but the application of these principles is different in many ways. The thesis is composed of six chapters, the introduction and the conclusion. The first chapter of my thesis characterizes marriage as a legal institution in terms of its concept, purpose and function. It also compares marriage to other forms of living arrangements that are possible in the Czech Republic. The second chapter focuses on formation of marriage, the possible forms of entering into marriage, and analyses the conditions that must be met in the marriage to be valid, including special requirements for entering into marriage in unusual situations. The next chapter characterizes the legal consequences of marriage defects depending on their severity. The fourth chapter deals with invalid marriage and divides...
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