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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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