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Tenancy in the legal practice
Řeháková, Nikol ; Salač, Josef (advisor) ; Zvára, Michael (referee)
This rigorous thesis deals with the current legal regulation of renting an apartment, especially with the emphasis on evaluating the position of tenant representing the "weaker" part. The aim of the work is to find out whether a tenant really represents the weaker part in the contract and whether it is still appropriate to provide the tenant with the legal protection. The thesis is divided into nine chapters. The first chapter focuses on rental relation in general. The second chapter, following the first one, deals with regulation of rent, which is a current topic today. The third chapter is devoted to legal certainty, which has undergone certain changes since the legal force of Act No. 89/2019 Coll., The Civil Code. The fourth chapter introduces some of the possibilities of security institutes and also points out the possible ways of securing the landlord in case the tenant breaks its obligations. In the fifth chapter, the selected rights and rental obligations are mentioned. The sixth chapter discusses the tenancy issue from landlord's point of view, taking into account even the criminal law level concerning landlord's entry into the tenancy issue. The seventh chapter introduces the prohibited contractual agreements. It also focuses on the amendment Act No. 89/2012 Coll., which returned the...
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Aspects of consumer's credit in financial law
Kapounková, Barbara ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Aspects of consumer's credit in financial law Abstract This rigorous thesis deals with consumer credit and current issues which are being discussed in the area. The latter mainly include efforts for further restriction of payments related to consumer (debtor) in default and respective claims of consumer credit providers (creditors). Another debated matter is the opinion of the Czech National Bank from 7th March, 2019, which refers to the nature of effectively spent expenses which a provider may demand from a consumer in connection to an early repayment of a consumer housing credit. Apart from the obligatory introduction and conclusion, this thesis consists of 3 parts. The first part is mainly theoretical. It deals with the categorization of credit within the system of financial law, the interpretation of terminology, the division of credits and a brief evolution of consumer credit with a special focus on the limitation of a "price of a credit" in question. The above is followed by an assessment of Act No. 257/2016 Coll., on Consumer Credit, from the perspective of its financial law aspects. The second part of the thesis concerns payments related to a consumer in default, contractual and legal interests on late payments and the evolution of a possibility to conclude on these interests in a consumer credit...
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Welfare of people with disabilities and their protection
Dunaj, Stanislav ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
v AJ Welfare of people with disabilities and their protection In rigorous work, I describe the basic living situations that a person with a disability can get into over the course of their life, the way they are secured by the state in the area of social security and their support in the area of active employment policy, and not least the benefits that are afforded to them by the state and other private-law entities so that they are not excluded from society beyond what is usual for other persons. The second chapter describes the disability pension scheme for people with disabilities. My focus is on the conditions for the creation, alteration and cessation of entitlement to an invalidity pension and its payment. The procedure for these claims is described in the following sub-chapters. The third chapter is devoted to the security of people with disabilities, the Mobility Allowance and the Special Aid Allowance. The conditions for the creation, alteration and termination of entitlement to contributions and to their payment, as well as other rights and obligations of recipients of such benefits, are included here. The following is a description of the proceedings in which the respective claims are decided. Last but not least, I describe the conditions for obtaining a ZTP card, respectively. ZTP/P and...
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Pension reform in the Czech Republic
Pastuszek, Marek ; Štangová, Věra (advisor) ; Lang, Roman (referee)
Pension reform in the Czech republic Abstract This thesis analyzes the development and changes of the pension system in the Czech Republic. The main attention is paid to the legal regulation of old age pension. Old age security is an essential element of the social stability of the state. The share of older people in the population increases in the long term, which places higher demands on the state budget. The main goal of implementation of the pension reform is to take measures to make the pension system sustainable in the future. The thesis is systematically divided into five chapters. The first chapter deals with social rights, their development and enshrinement in the documents of international organizations and the Czech legal system. Social rights belong to fundamental human rights. In the context of the thesis, adequate material security in old age is the most important right. The second chapter discusses the social security system. Its task is to deal with social events affecting the population. It uses various legal instruments for this purpose, especially social insurance. The social security system is affected by number of factors, which are also described in this chapter. The third chapter is dedicated to the current legislation of the pension system in the Czech Republic. Its pillar structure...
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Provisional measures in international human rights law
Zaydlar Hodysová, Petra ; Faix, Martin (advisor) ; Lipovský, Milan (referee)
Provisional Measures in International Human Rights Law Abstract Whenever human rights are at stake there should be quick response of the authority dealing with the situation. Provisional measures can therefore be useful tool how to prevent irreparable harm. The aim of my rigorous thesis is to complement my diploma thesis and to analyse provisional measures indicated by various human rights adjudicators from different continents. Main focus is put on legal provisions empowering international courts and quasi- judicial organs to indicate provisional measures, examining whether provisional measures are legally binding, exploring the extent to which international forums indicate provisional measures, highlighting some specific types of provisional measures and examining whether we can answer the question whether addressees do implement issued provisional measures in proper manner. The approach is description with elements of comparison. The thesis is composed of six chapters. Chapter one is introductory and defines the concept of provisional measures and its main characteristics and conditions for use. Chapters two to five are dealing with various courts and quasi-judicial organs on the universal level and in Europe, Africa and the Americas. Chapter two is subdivided into two parts. Part one examines...
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Succession proceedings with an international element and a focus on adoption and practical functioning of the succession regulation
Veselá, Lenka ; Pfeiffer, Magdalena (advisor) ; Zavadilová, Marta (referee)
Succession with cross-border implications focusing on adoption and application of Succession Regulation in practice The subject of the rigorous thesis is succession with cross-border implications focusing on adoption and application of Succession Regulation in practice. Succession Regulation applies from 17th August 2015 and unifies both conflict of law and jurisdiction rules in matters of international succession. Moreover, it creates European Certificate of Succession (hereinafter the "ECS") to be issued for use in another Member State in order to efficiently settle the succession. Succession Regulation shortens the length of inheritance proceedings and removes obstacles to the exercise of the rights of beneficiaries in relation to succession having cross-border implications. This thesis focuses on adoption of Succession Regulation, basic application rules (scope, principles) and interpretation problems connected to its application in practice. The aim of this thesis is clarification of the main principles of Succession Regulation and providing an overview of the rules for determining its temporal, territorial and subject matter jurisdiction. The main goal is the detailed analysis of problematic issues, which occur in connection with the application of Succession Regulation in practice - not only...
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Tolerable risk in Criminal Law
Hendrych, Lukáš ; Šámal, Pavel (advisor) ; Pelc, Vladimír (referee)
Tolerable risk in criminal law Abstract This rigorous thesis focuses on an issue of tolerable risk in criminal law. The institute of tolerable risk in criminal is one of the most recent circumstances excluding illegality, which are defined in the Czech Criminal Code. Until its legal definition in the Criminal Code, the tolerable risk was inferred only by legal theory and practice. The tolerable risk is now ambedded in the provisions of Section 31 of the Criminal Code. Tolerable risk is an effective tool for conducting research, for experimenting in science and it can be also applied in medicine, business and sport. It is crucial for the institute of tolerable risk to set boundaries, because an overly liberal approach to defining limits of tolerable risk can lead to a gambling and reckless conduct of individuals. On the other hand, too restrictive definition of tolerable risk limits can restrain the scientific and technological progress and individual creativity in general. This thesis performs an analysis of the institute of tolerable risk in criminal law. Primarily, it deals with the system of circumstances precluding illegality and provides a brief list and description of other circumstances precluding illegality. In the following chapters, it discusses the historical development of acceptable risk in the...
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History of mauntain rescue service
Fejfar, Aleš ; Waic, Marek (advisor) ; Bobrík, Miroslav (referee)
Summary The aim of this thesis is to describe the history and development of the Mountain service in Czech countries as well as in available archives look for documents giving evidence of its history and development. Another target is to point out the associations connected with the mountain terrain or associated with the origin of the Mountain service. Another goal was to monitor the development of the symbol, membership cards and technology which was or stil is used by the Mountain service. The thesis also contains an overview of commencement of rescue associations in selected European countries where the organized rescue of people in mountain terrain has a similar period of origin and similar circumstances. Those organizations, which mostly helped to create mountain rescue service, were Alpine clubs, tourist clubs, conservationists or gymnastic associations. From the territorial prospective we speak about Austria, Germany, France and Italy. From the time point of view the formation of rescue service dates from the middle of the 19th century. The greatest reason for an increasing amount of people (tourists) coming to the mountain terrain in Europe was mostly the scientific-technical progress in the second half of the 19th century. Due to the construction of railways throughout Europe, development...
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Crime of Evasion of Alimony Payments under s. 196 of the Criminal Code
Cinková, Barbora ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The presented Advanced Master's thesis describes one of the most frequently committed criminal offences in the Czech Republic, specifically the criminal offence of neglecting the duty to maintain and support pursuant to Section 196 of the Criminal Code and, in general, the issue of parents' failure to comply with the duty to maintain and support their children; this thesis aims to provide a comprehensive description of this topic. The thesis is divided into seven chapters supplemented by an introduction and a conclusion. Chapter one focuses on the historical roots of this criminal offence, as the punishability of non-compliance with the duty to maintain and support has a long tradition in this country. Subsequently, chapter two outlines the basic characteristics of this criminal offence and provides a detailed analysis of the individual elements of two basic merits under Section 196 (1) and (2) of the Criminal Code, as well as of the qualified merits with respect to these two basic merits. In view of the blanket nature of the merits of neglecting the duty to maintain and support, chapter three hereof describes the private-law regulation of the duty to maintain and support. Chapter four analyses the most common reasons and motives for non-compliance with the duty to maintain and support, as well as...
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Admissibility of evidence in criminal proceedings
Nejdl, Oldřich ; Gřivna, Tomáš (advisor) ; Vokoun, Rudolf (referee)
The Admissibility of Evidence in Criminal Proceedings Abstract This thesis dedicated to the issue of legality and admissibility of evidence in the comparison of criminal proceedings in the Czech Republic, the Federal Republic of Germany and the United States of America, and in the case law of the European Court of Human Rights. In this field, the public interest in effective crime suppression conflicts with other legally protected values, in particular the rights and freedoms of an individual. The solution of this collision is attempted not only by legislation itself, but mainly by the decision-making practice of courts in specific cases. Following the introductory explanation of theoretival background, the thesis focuses on specific areas in which questions related to the legality and procedural applicability of evidence regularly arise. Firstly, attention is drawn to the limits in which law enforcement authorities may use coercion or threats of coercion against an individual to provide evidence clarifying the facts of the case, the consequences that can be inferred from refusing such co-operation, and the effects of unlawful coercion on further use of such evidence. The next section deals with the material and formal presumptions of the admissibility of interference with the privacy of an individual,...
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