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Creation and Realization of a Pledge
Smělík, Václav ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
This thesis focuses on the issue of creation and realization of a pledge in the current legislation. The thesis is structured as follows: introduction, three main chapters which constitute the body of the thesis, and conclusion. The first chapter called general introduction deals with the concept of a pledge, in particular its main principles and functions. It further introduces the parties to a relationship established by a pledge and the institute of future pledge together with its practical applications. The second chapter called creation of a pledge provides the overview of individual titles based on which and modes in which a pledge may be created. The chapter describes creation of pledge by (i) an agreement (ii) a decision of a public authority; or (iii) a statute. This chapter further focuses on pledge creation modes as listed in the Civil Code and the Insolvency Act. The chapter also pays special attention to the creation of a pledge by registration in the public registers, the issue of public registers and the effects of material publicity principle. The chapter separately deals with the creation of a pledge over securities and receivables. Finally it also covers the creation of a pledge in the insolvency proceedings. The third chapter called realization of a pledge considers the possible...
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Community property of spouses with a focus on its content and decision enforcement
Schwarz, Volodymyr ; Thöndel, Alexandr (referee) ; Frinta, Ondřej (referee)
The community property of spouses is the main term for marriage property law. Its conception has influence not only on property sphere of spouses but it projects into more complex scope of rights and duties of spouses. The community property has impact on maintenance obligation between the spouses, their business activities, family enterprise, legal regulation of family household equipment or fulfillment of needs and other issues of the family itself. It also influences the position of spouses in relation to third parties, especially their creditors. Therefore, the understanding and setting of rules for balanced and just functioning of the community property is important but also difficult matter. The aim of the thesis is to introduce the institute of community property regarding its genesis, development and changes with focus on its creation, scope and decision enforcement and its relation to the third parties. The goal of the thesis is to make a comparison of previous legal regulation with the current one and focus on the applicability of earlier conclusions made by doctrine and judicature. The thesis pays attention to the procedural regulations which follow up substantial regulations contained in the civil code as well as the possible legal regulation de lege ferenda. The thesis contains...
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Methods of termination of the residental lease
Rapantová, Lucie ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with various methods of termination of the residental lease. At the beginning of the thesis is done a historical excursion, from the legal regulations of the termination of the lease according to the roman law, the ABGB, the protection of the lease after the establishment of the Czechoslovak republic, the Civil code of 1950 and the Civil code of 1964, until the amendment made after the year 1989. The next chapter analyses the legal regulations of the lease - the concept, the subject of the lease, the protection of the tenant and the rights and obligations follow from the termination of the lease. The first way how rental can also be terminated is the expiry of the term, after that follows the renewal of the lease, with which the expiry of the period closely related. The fifth chapter deals with the termination of the lease, which is the most extensively regulated in OZ and also is a frequent subject of lawsuits. Therefore I focus on the notice to quit in detail, in terms of both - the tenant and the landlord's perspective. While the death of the landlord does not affect the duration of the lease, the death of the tenant may terminate the lease, if there is no transfer of the lease and if tenant's heir is not known within six months of the tenant's death (§ 2284 Civil Code). The...
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Cancellation and settlement of co-ownership
Sychrová, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis is focused on the theme of Cancellation and settlement of co-ownership. The main aim of this thesis is to analyze and valorize legislation of co-ownership in Czech legal order. One of the main aims is to provide a comparison of Czech and German legislation. This thesis is composed of seven chapters, which are divided into relevant sections and subsections. Chapter One is an introductory chapter which provides the basic starting points and underlines the main purpose of this thesis. Chapter Two describes the historical development of co-ownership and its termination. Encompassing changes from Roman law to present day legislation. Chapter Three contains a short introduction to the topic, the basis characteristic of co- ownership. This chapter deals with the topic of co-ownership shares, co-owner's position, management of common thing, the formation of co-ownership, and usage of common thing beyond the co-owner's share. In this chapter there is a description of mutual relationship between co-ownership and other related legal institutes. Chapter Four and chapter Five are the core of this thesis. Chapter Four deals with the topic of the termination of co-ownership (cancellation) and termination of co-owner's participation in co-ownership (separation). Chapter Five is based on the settlement...
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Acquisition of property from a person not authorised to dispose of it
Máchová, Šárka ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Erwerb vom Nichtberechtigten Diese Arbeit beschäftigt sich mit der Problematik des Erwerbs des Eigentums vom Nichtberechtigten, das ein Durchbrechen des Prinzips, dass niemand mehr Recht übertragen kann, als er selbst hat, vorstellt. Das Problem wird sowohl aus der juristisch-theoretischen Sicht als auch aus der juristisch-philosophischen behandelt, wenn der Konflikt zwischen dem Schutz des guten Glaubens, des Verkehrsschutzes und dem Schutz des Eigentums, als ein das in der Charta verankerten Grundrechte, gelöst wurde. Das gegenwärtige Bürgerliche Gesetzbuch führt das Institut des gutgläubigen Erwerbs wieder in die tschechische Rechtsordnung ein und das sowohl für die Rechtsgeschäfte zwischen Kaufleuten als auch zwischen Zivil-Personen. Zu dieser Problematik wurde schon vieles verfasst. Nichts desto trotz gibt es immer noch Streitfragen in diesem Bereich. Im Zusammenhang mit der neuen Regelung entstand auch eine Reihe von Teilproblemen, auf die hinzudeuten ist. Einige von ihnen wurden unter anderem durch einige Mängel in der tschechischen Regelung verursacht, die in den Kontrast zu der besser durgeführten deutschen Regelung gestellt wurden. Die folgende Arbeit ist in vier Hauptkapitel gegliedert, die weiter in Unterkapiteln geteilt wurden. Das erste Kapitel widmet sich den theoretischen Grundbegriffen, wie...
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Institute of Right to Build in Czech and German Law
Švecová, Kateřina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Institute of Right to Build in Czech and German Law The thesis deals with the topic of the institute of right to build in Czech and German law. The elementary aim of the thesis is to describe the legal institute of right to build, not only in the Czech legal system, but also in the German legal system. The right to build is an absolute property right with effect erga omnes. It belongs into a group of rights, which privileges one to use a thing of someone else. The statute declares the right to build to be real property. On the ground of the right to build arises the right of the builder to have a building on the surface or under the surface of the encumbered piece of land. The right to build is always limited through a set period of time, it should not be created for longer than 99 years. The typical features of the right to build are alienability and inheritability. The content of this thesis is divided into four chapters. The nature of right to build, as a right, which privileges one to use the thing of someone else, is described in the first chapter. There are also descriptions of the basic legal terms associated with the right to build. The chapter describes the terms 'building' and 'builder' as well as the principle of superficies solo cedit. The second chapter is dedicated to the history of...
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The role of the Authority providing Social and Legal protection of Children in the process of arranging adoptions
Slezáková, Barbora ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
RESUMÉ The role of Social and Legal Authority providing protection of Children in the process of arranging adoptions This thesis deal with the The role of Social and Legal Authority providing protection of Children in the process of arranging adoptions. The Social and legal protection of children is one of the most important activity. The state cares about children without parents. The aim of adoption is acceptance of another person as their own. The thesis is divided into two parts and six chapters. The first part is devoted to institute of adoption. The Civil Code changed view of the adoption. Now the adoption isn't one of the types foster care of children, but the adoption is at the same level like biology relationship between parents and children. The first chapter describes historical development of adoption. The Second chapter describes the institute of adoption, for example sorts of law, main characteristics, type and conditions of adoption, consents with adoption, care before adoption and revocation of adoption. The second part describes process of arranging adoption. The third chapter describes social and legal protection of children. This chapter is devoted to term social and legal protection, historical development and authorities. The fourth chapter is the main of chapter, which is devoted to...
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Legal actions of persons suffering from mental disorder
Roul, Jiří ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to assess the Czech legislation in legal actions of persons suffering from mental disorder. The thesis is composed of five chapters. The first chapter describes the historical background of the topic. In the second chapter I describe in detail basic terms such as legal action, legal capacity and mental disorder, since these are important and essential for the thesis. The fundamental part of the thesis discusses institutes that support the legal conduct of persons suffering from mental disorder. These are preliminary statement, assist in determining, the representation of a household member, incapacitation and limitations associated with the institute guardian. The final chapter describes the fundamental international legal documents that influenced the Czech legislation.
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Homosexuality and parenthood
Brojáč, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis analyzes Czech legislation regulating relationships of same-sex couples and their options regarding family founding provided by Czech legal regulation. The aim of the thesis is to analyze and evaluate current Czech legislation and put it into international context. To attain this aim, this thesis uses three different approaches. Firstly it provides conclusions of conterporary social sciences in the field of parenthood of same-sex couples and impacts of homosexual parenting onto various areas of psychological and social adjustment od children. Secondly, the comparative study of czech legislation and legislations of Norway, United Kingdom, Germany and Slovakia is included. Thirdly, relevant cases decided by European Court of Human Rights are analyzed. Upon the findings provided by these analysis, the thesis evaluate suitability of czech legal regulation and propose possible future development in this area.
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Testament
Příhodová, Michaela ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This thesis addresses the issue of wills. A will is the most common and most frequent disposition of property upon death, through which the deceased can effect his wishes regarding how his assets will be disposed of in the event of his death. The aim of the study was to determine whether the issue is now comprehensibly regulated, whether it meets the needs of the people and whether is suitable for the people who deal directly with this issue, in particular notaries. The work is focused on the current legislation regarding wills contained in Act no. 89/2012 Coll of The Civil Code, which is markedly different to the previous legislation as per Act no. 40/1964 Coll. of The Civil Code. Specifically, this thesis addresses the characteristics of wills, their interpretation, contents, subjects, forms and methods of revocation.
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