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The Elements of Liability for Damage under Civil Law
Novák, David ; Dvořák, Jan (advisor) ; Doležal, Tomáš (referee) ; Frinta, Ondřej (referee)
1 Abstract The objective of this thesis is to analyse the liability in civil law, mainly from the prospective of individual preconditions that together result in such liability for inflicted harm. The text is divided into nine parts including introduction and conclusion. The first part comprises the analysis of the legal term of liability from the prospective of existing theoretical concepts, then the approach as set forth under Act no. 89/2012 Sb, Civil Code, as amended (hereinafter referred to as "Civil Code") and the author's own approach is presented at the end of this part. The next part discusses in details the preconditions of liability for harm and then the sets of preconditions that together result in such liability are analysed. The author calls these sets as liability systems, as they are actually a variant of the objective and subjective liability. A separate chapter is dedicated to the objective liability. A separate chapter is also dedicated to the division of types of liabilities such as for defects, harm, default, etc., as this is crucial for the discussed topic. Next parts focus on individual preconditions for liability for harm, namely on violating legal obligations and relevant damage, harm, causality and fault as on the precondition typical for subjective liability, i.e. liability for...
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Acquisition of property from an unauthorised person
Kratochvílová, Kateřina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
130 English Abstract This diploma thesis deals with the issue of acquisition of property from an unauthorised person. Such a possibility deprives the owner of legal protection of his/her ownership rights in favour of protection of good faith of the acquirer, who thus can acquire ownership even though the transferor is a neither an owner nor authorised for any other reason to dispose with the property. The new Civil Code which entered into force on 1 January 2014 introduces new rules governing such situations, while differing significantly from the previous legislation. Legislation which was in effect until 1 January 2014 was inadequate, in particular due to dichotomy between Civil Code and Commercial Code. Another significant deficiency represented the lack of possibility of acquisition of immovable property registered in the cadastral register from an unauthorised person. Material publicity applied only to a limited extent and did not provide sufficient protection to persons who trusted that the rights recorded in the cadastral register also objectively existed. The diploma thesis is divided into six chapters and analyses the institute of acquisition of property from an unauthorised person in its broader context. The first chapter describes ownership right and manners of its acquisition as well as the...
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Surrogate Motherhood - Comparison of the Legislation in the Czech Republic and the Federal Republic of Germany
Kratochvílová, Johana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The main subject of this master thesis is the issue of surrogacy in the Czech Republic and the Federal Republic of Germany. At the beginning, this thesis aspires to define the term surrogacy in general as well as other connected terminology, and subsequently to specify its categories and describe its major historic milestones. Afterwards, it deals with the rather brief Czech legislation concerning this institute and the consequences this has inevitably led to. It also concentrates on the methods of the assisted reproduction which help to put the surrogate motherhood into practice. This thesis does include ethical problems of surrogacy and some of the psychological and sociological aspects as well. Consequently, it summarizes sanctions which may arose as a result of surrogacy. After that, it explains the legislation related to this issue in the Federal Republic of Germany, its history and legal limits. It deals with the German sanctions which the realization as well as mere arrangement may be subjected to. It examines the standpoint of the German legislator regarding the right of a child to know his or her origin including its consequences, such as non-anonymous sperm donation and obligation of the legal parents to undergo a DNA test. It describes most recent demands of the society regarding the new...
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Share pledge in a corporation
Pašek, Dominik ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Share pledge in a corporation Abstract The thesis deals with the share pledge in a corporation. In the beginning I analyse the meaning and purpose of the lien. The following section deals with pledgeability of a share in a corporation. Firstly, I discuss the pledgeability of a share as an intangible movable asset that represents a set of rights and obligations arising from participation in a corporation and, further, the share pledge in each type of corporation, including the association and unit owners' association. The different rules for shares depend on whether they are in a form of a security or not. Subsequently, I deal with the formation of a lien, while focusing on the various titles from which the lien can arise and the question of the moment of creation of the lien. I analyse in detail the creation of a consensual lien, i.e. on the basis of a pledge contract. This is followed by the creation of an ex actu lien on the basis of a court's approval of an agreement of the heirs to divide the estate, and on the basis of a tax administrator's decision pursuant to the Tax Code, where I also provide practical information communicated by the General Financial Directorate. Then I analyse the ex lege lien, and I deduce several options where it could theoretically arise. In the part of the work that I consider...
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Easements
Hadačová, Marie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to try to provide a comprehensive interpretation and analysis of the legal institute of easements and their individual aspects in the current legal regulation, taking into account the judicial decisions of the Czech courts after year 1989 as well as the case law of the First Republic related to the General Civil Code. The thesis consists of four parts. The first part deals with the interpretation of the concept of iura in re alinea as the institute superior over easements. In the last chapter of this first part the institute of easements and their basic aspects are generally defined. The second part of the diploma thesis describes the individual stages of the historical development of the institute of easements. The concept of easements in Roman law is being analyzed, taking into account some differences from its conception and modification at present. The following is an interpretation of medieval easements, and finally, the author deals with the modern legal regulations of the easements in the civil law legislation starting from the General Civil Code through the civil codes issued under the Communist regime in 1950 and 1964. The third part, which represents the focus of the diploma thesis, provides a detailed analysis of the current legal regulation of easements...
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Models of Post-Divorce Child Care in the Czech Republic and in Italy
Argalášová, Marta ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Models of Post-Divorce Child Care in the Czech Republic and in Italy Abstract The topic of the thesis is a comparative approach to the institute of post-divorce childcare in the Czech Republic and in Italy. Decision-making about family arrangements after the divorce and separation of parents is related to a choice of the right model of post-divorce childcare, which the law of different countries offers. This decision implicates, in itself, also a decision on the right of access and maintenance, therefore a decision on childcare. The introductory part of this thesis is dedicated to a historical excursus on the development of family law in both countries, which enables the reader to understand current legislation and its background. A substantial part of the thesis is dedicated to the institute of divorce itself, since it is considered the starting-point for the decision about post-divorce childcare. The differences between the concept of divorce in the Czech Republic and in Italy are crucial for the following post-separation childcare decision-making. The so-called two-phase divorce in Italy makes a great difference in the decision-making about post-divorce childcare in both countries. The main part of the thesis offers a comparison of post-divorce childcare and the introduction of single models of...
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Unjustified Enrichment in the Comparative Perspective
Petrov, Jan ; Frinta, Ondřej (referee)
strana 259 Unjustified Enrichment in the Comparative Perspective Abstract The aim of the thesis is the legal research of important results concerning unjustified en- richment that have been attained in foreign jurisprudence and judicial opinions, especially within the German legal family, and their comparative application to all provisions of the New Czech Civil Code ("NCC") regulating unjustified enrichment, including their rela- tion to other parts of civil law. The thesis thus draws extensively from Austrian and Ger- man jurisprudence and case law, from the Draft Common Frame of Reference, from Swiss law and from comparative literature; further legal orders are also mentioned and a refined translation of relevant foreign provisions is included in the appendix. The thesis does not include a mere description, but rather follows the interests of Czech law and aims to make a contribution to Czech jurisprudence and application the of law. Accord- ingly, the thesis is also founded on complete research of the Czech Supreme Court case law made in and after 2010. The thesis comes to a number of conclusions (summarized in the itemized resumé) which may be deemed for original from the point of view of the Czech legal discourse. These conclusions corroborate the hypothesis that the Czech law of unjustified...
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Legal (non)regulation of the company Airbnb
Kundrátová, Jana ; Frinta, Ondřej (referee)
1 Abstract Thesis title: Legal (non)regulation of the company Airbnb This rigorosum thesis concentrates on the legal (non)regulation of the company Airbnb in the prism of the civil law. The thesis can be divided into four main parts: The first part is an analysis of the essential elements of a sharing economy (characteristics, definition, key concepts and history). The specification of the subjects of the sharing economy is presented in the second part of the thesis as: Airbnb as an intermediary, host as a service provider and guest as a service user. The conclusion indicates that the current legislation regulating Airbnb is not suitably applicable in practice and contains much ambiguity. The third chapter titled « Legal regulation » describes the fact that technical innovations entirely overtake and reshape the legal regulation today. The first part briefly mentions the legal regulation in theory and than recapitulates different approaches to the regulation in the world demonstrated, with the approach of the EU institutions to the sharing economy. In the last and very important part for me, de lege ferenda for Czech Republic and for EU considerations are presented. The main aims of this rigorous thesis are three: 1. To find a comprehensive analysis of principles of the sharing economy and understand its...
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Carpooling in the light of private and public law
Müller, Tomáš ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Carpooling in the light of private and public law Abstract The thesis deals with legal aspects of carpooling across the spectrum of the law of the Czech Republic. Due to carpooling not being a legal term, the thesis itself defines it as a phenomenon when multiple people are traveling simultaneously by one road transport vehicle, under the assumption that the transport is not being provided on a commercial basis. The thesis also describes the differences between carpooling and commercial transport of persons. As far as public law is concerned, the thesis discovers which areas of administrative law apply to carpooling and what consequences arise for the subjects concerned. This involves the regulation of road transport and road traffic in particular. The description of tax implications is also included. Furthermore, the thesis deals with criminal and administrative liability. The focus, however, is on private law. After an exploration of the legal history of transport of persons, the thesis answers the question whether or not contractual obligations arise from carpooling and inspects the elements of the contract along with the rights and duties of the parties. International aspects are taken into account - the thesis studies direct legal norms as well as rules governing conflicting laws. The centrepiece of...
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Legal issues of gametes in relation to assisted reproduction
Stieranková, Aneta ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
66 Abstract Legal issues of gametes in relation to assisted reproduction The thesis deals with the issue of assisted reproduction with a specific focus on gametes and some issues that are associated with them. In order to better understand contradictory opinions and views on a particular issue, the Czech legislation is compared with the British legislation. Then, in each individual case, it is assessed which country has dealt with the problem better, using a comparative method. The introduction of the thesis deals with assisted reproduction in general, especially from the point of view of definition of the concepts and historical development of this issue. Subsequently, the basic legal framework for assisted reproduction is defined both in the Czech Republic and the United Kingdom. Briefly, there are also summarized the most basic requirements for gametes donors in both countries. In terms of specific problems related to gametes, much of the work focuses on the anonymity of sperm donors, in particular summarizing the most important arguments of its opponents and subsequently refuting these arguments. The conclusion of this chapter submits why, in my view, the anonymity of sperm donors should be maintained. The next part is devoted to financial rewards for donation of gametes, their admissibility and amount....
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