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Fideicommissum
Dandová, Veronika ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Fideicommissum This diploma thesis deals with the institution of fideicommissum, which was reintroduced into the current legal regulation of inheritance law by Act No. 89/2012 Coll., Civil Code, and which significantly strengthened the principle of the testator's freedom of acquisition compared to the previous legal regulation. The first chapter is devoted to inheritance law, in particular it focuses on the explanation of the prerequisites of inheritance and the basic principles that are necessary for proper analysis and understanding of the institution of fideicommissum, as well as its placement in the system of inheritance law in the Czech Republic. The second chapter of this thesis deals with the historical development of the institution of fiduciary succession, from its very beginnings, which can be found already in the Roman law institution of legacy and fideicommissa, through its regulation contained in the General Civil Code and the Government Proposal of 1937, which were the main inspiration for the creation of the current Civil Code. The last part of this chapter discusses the Civil Code of 1950 and 1964, focusing in particular on the reasons why fiduciary succession did not develop during that period, and eventually the adoption of the legislation in force is discussed. The third and...
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Compensation for mental suffering of primary victims
Linhartová, Denisa ; Elischer, David (advisor) ; Lederer, Vít (referee)
Compensation for mental suffering of primary victims The basis of the thesis is the hypothesis that the current systems of compensation for bodily harm in civil and labor law do not allow for effective compensation for psychological injuries and mental disorders, since they do not devote even one, respectively just one item, of this type of harm in the hundreds of items of bodily harm. Therefore, the aim of the thesis is to analyze the current system of compensation for bodily harm from the perspective of mental disorders, to reveal its deficiencies and to present de lege ferenda proposals so that a comprehensive system is created that will allow the most effective compensation for all types of bodily harm. In order to verify the hypothesis, in Chapter 1 the thesis evaluates the historical development of the compensation for psychological injuries and the invalid legislation, the deficiencies of which are a valuable basis for the suggestion of truly effective de lege ferenda proposals. Chapter 2 analyses the compensation of each bodily harm claims (pain, impediment to a better future and other non-pecuniary harm) from the perspective of mental disorders under civil law and, with the help of examples from practice and extensive case law, reveals the limits and deficiencies of the Supreme Court...
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Foster care and foster care for a temporary period (comparison of institutes)
Matuszczyková, Klára ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Foster care and foster care for a temporary period (comparison of institutes) Abstract The thesis focuses on the institutes of foster care and describes their different aspects It analyses the differences between the institutes as well as the specific features of foster care carried out by close relatives. The thesis is divided into five chapters. The first chapter describes both institutes from a theoretical point of view and explains their historical development. The second part deals with the human rights aspect, which focuses on principles like the best interests of the child and the right to family life. In particular, how they can be applied in foster care. The different approaches are interpreted in the context of the decisions of the European Court of Human Rights and the Constitutional Court of the Czech Republic. The second chapter is devoted to all those involved. This is the part of the thesis in which the differences of entities depending on the type of care are revealed. The second chapter focuses on all stakeholders in foster care. The thesis discusses temporary foster parents and foster parents, including foster parents of kinship, and their differences in terms of training and entitlements. The chapter also includes an analysis of the terms transitional and crisis fostering. Socio-legal...
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Liability of minors for debs - comparation with FRG
Dietschová, Sofie ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Liability of minors for debs - comparation with FRG Abstract: The diploma thesis is devoted to the topic of liability of minors for debts in the Czech Republic and in the Federal Republic of Germany. The thesis focuses on debts arising from legal acts of minors and on the legal institution of limitation of the liability of minors. This institution was adopted into the Czech legislation last year and its inspiration comes from the German legislation. The thesis is divided into three parts. Each part is further divided into chapters and sections. Each part of the thesis, with the exception of the first part, uses both analytical and comparative method. The first part of the thesis summarises, in relation to the both the German and Czech legal regulation, the main reasons for the adoption of the institution of limitation of the liability of minors and the prevailing opinions in the expert discussion leading to its adoption. The first chapter of the second and third parts is devoted to an analysis of the applicable legal regulation in the Federal Republic of Germany, the second chapter of the said parts contains an analysis of the legal regulation in the Czech Republic. The third chapter of the second and third parts of the thesis deals with a comparison of the German and Czech legal regulation. The aim of this...
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Liability of minors and their legal representatives for debts
Ungrová, Barbora ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Liability of minors and their legal representatives for debts Abstract The thesis deals with the issue of so-called child debts, i.e. situations when a minor who is not fully capable of fulfilling his obligations is on the side of the debtor. The aim of this thesis is to identify the theoretical reasons and practical implications of the origin and existence of child debts and, ultimately, to provide an answer to the question whether the recently adopted Act No. 192/2021 Coll. has contributed or may in the future contribute to the reduction of the excessive level of debt among minors. The first part of the thesis is devoted to the domestic conception of minors' legal capacity, including the definition and clarification of the idea that accompanies the whole thesis and the whole legislation under study, namely the child's right to participation and respect for his best interests. Following this, the historical development of the regulation of the legal conduct of minors in Roman law and in our territory is outlined to provide context. The main part of the thesis consists of an analysis of the different types of child debts, according to the reasons of their creation, whereby it is also outlined how a given type of child debt could be eliminated or whether this has already been done. The present work describes...
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Trust as a legal implant
Benešová, Martina ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
117 Abstract Title: Trust as a legal implant Subject of this thesis is a trust and its implementation in the Czech law. The fundamental question behind this thesis is whether it is possible to successfully implement common law trust in continental legal systems. In recent decades, a number of new legal institutions have appeared in Europe, falling into the category of so-called fiduciaries, which fulfil the functions of a trust. Therefore, it is appropriate to assess how to incorporate this institution into our law so that it does not disrupt the local legal system and at the same time does not lose its elementary attributes. The first chapter is focused on historical forms of trust in Europe, starting with Ancient Rome, through the Middle Ages to modern fiduciary forms in Czech law. The content of the second chapter is focused on a comparison of foreign forms of trust. In the first part, an analysis of the legal regulation of the common law trust and its historical predecessors is processed and a comparison is made with historical European trust forms. Other parts deal with the study and comparison of the current trust structures of some European countries, namely France, Germany and others. The subject of the third chapter is an analysis of the legal regulation of the trust of the Canadian province of...
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Termination of the Lease of an Apartment by Notice
Krtička, Daniel ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Termination of the Lease of an Apartment by Notice Abstract The thesis deals with the issue of the notice of lease of an apartment as one of the traditional institutes of lease law. Notice of lease of an apartment is primarily regulated in the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC"), in the special provisions on the lease of an apartment and a house in the section regulating the termination of the lease (Sections 2286 to 2291 CC). Secondarily, however, it is also necessary to rely on other special provisions on the lease of an apartment and a house (e.g. in the case of an inherited lease according to Section 2283 CC) or general provisions on lease (e.g. in the case of notice of lease due to the unusability of the thing for the agreed or usual purpose according to Section 2227 CC). The regulation of the termination of the lease of a cooperative apartment was excluded by the legislator from the Civil Code, as it is contained in the Act No. 90/2012 Coll., on Commercial Companies and Cooperatives (Business Corporations Act). The subject of the thesis is to give a comprehensive overview (including the current judicial decisions) of the legal regulation of the notice of lease of an apartment, both in Czech and German law. The thesis also deals with the issues that may be...
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Trusteeship in the context of inheritance law
Kofroň, Martin ; Lederer, Vít (referee)
Trust in the context of inheritance law Abstract The subject matter of this doctoral viva voce dissertation are two fiduciary institutes brought into Czech private law by the new Civil Code effective from January 1, 2014 - i.e. the Trust Fund and the Trust Succession (Fideicommissary Substitution). The dissertation contains an analysis of the legislation in force applicable to both institutes concerned against the background of the historical development of fiduciary relations and a comparison of foreign legislations applicable to trust and fideicommissary substitution. The institute of Trust Succession has returned to Czech law after fifty years. In the case of a trust fund, which mixes elements of property and contractual law, it is the implementation of the traditional Anglo-Saxon legal institute into the Continental legal environment, which in itself brings a number of hermeneutical and application challenges. These challenges are highlighted by the concept chosen by the Czech legislator, which consists in following the Quebec model and constituting a depersonalized property allocated for a certain purpose. The focus of the dissertation is to confront the legislation governing the aforesaid fiduciary institutes with the provisions of the applicable inheritance law, in particular from the point of view...
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Marriage from the point of view of civil and canon law
Procházka, Petr ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 Název práce v anglickém jazyce Marriage from the point of view of civil and canon law Abstract Marriage is an important legal institution that affects a large number of the population. Marriage as we know it today evolved out of church marriage, and it is not only because of this that the two types of marriage that exist side by side with mutual respect for each other today are very similar in many ways. The purpose of this study is to describe and analyse the two types of Marriage, compare them to each other, and make comparisons with a focus on the variations between the two marriages. The objectives and purpose of the study are stated in the Introduction and the success of the objectives in the Conclusion. In the first part (chapters 1 and 2), the author focuses exclusively on civil marriage, from its historical development and legal sources, through the phase preceding the formation of marriage and the wedding ceremony representing the creation of marriage, to its dissolution. A significant part is also dedicated to the procedural aspects of divorce procedure, which represent a completely special type of civil procedure. The second part of the work, consisting of Chapters 3 and 4, deals with marriage under canon law. The content the second part of the study corresponds to the first part of the work,...
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Acquisition of the right of ownership from a non-entitled person
Novák, Matěj ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Acquisition of the right of ownership from a non-entitled person Abstract This thesis deals with the institute of acquisition of the right of ownership from a non- entitled person [acquisition from a non-entitled person]. It is a way of acquiring the right of ownership which represents an exception to the generally applicable Roman law principle "nemo plus iuris ad alium transferre potest, quam ipse habet" - no one can transfer to another more rights than oneself would have. This exception is rationalised by the fact that the acquirer is bona fide regarding the transferor's authority to transfer the ownership. The institute of acquisition from a non-entitled person is then the result of a conflict of values between the original owner and the bona fide acquirer but depending on other circumstances the resolution of this legal issue may differ from case to case. The thesis is divided into four parts, which are further subdivided into chapters and subchapters. The first part presents the theoretical background of the institute of acquisition from a non-entitled person, as it describes the superordinate terms into which it is usually classified or is part of them respectively. In this part, therefore, the rights in rem and the right of ownership are conceptually defined. This part concludes with an analysis of...
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