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Selected topics concerning immovable property and its disposition in amended Czech civil law legislation
Kolban, Petr ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The present doctoral thesis is aimed at selected questions related to the specification of real estate and the property rights associated with it. Taking into consideration legal acts of obligational character (e.g. rent), it profoundly analyzes the European dimension affecting the management of immovable property as well as provides a comparison of the recent case law, a topic covered in individual parts of the text, while evaluating the applicability of these judgments in the future, that is, in relation to the current Civil law. Following an introduction defining the main objectives of the paper, the second chapter is dedicated to the characterization of some basic questions associated with individual kinds of immovable property, which, apart from taking account of the individual innovations (some of them re-established) contained in the Code, allow for the impact of previous derogated legal rules on the application of individual amendments proposed by the law (e.g. the re-establishement of the superficies principle). The next chapter examines, besides the basic components and kinds of possession, the essential innovation of the Civil Code, that is, the possessory protection. In relation to this, the chapter also gives an interpretation of two related institutes, namely the institutes of unauthorised...
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Intestate succession in the comparative prospective
Vaňasová, Markéta ; Macková, Alena (advisor) ; Thöndel, Alexandr (referee)
Mgr. Markéta Vaňasová Topic of the rigorous thesis: Intestate succesion in the comparative prospective ABSTRACT The main aim of this rigorous thesis named "Intestate succession in comparative prospective" is in particular comparison between current Czech legislation regarding the succession law with the legislation in the area of succession law of few other countries - namely with Spain, Catalonia and Mexico. This thesis does not deal only with the substantive law in the area of succession, but also with the procedural legislation of succesion law, including succession with an international element. My ambition, while writing this rigorous thesis, was to create a systematic overview of intestate succesion in the Czech Republic, by using the valid legislation, experts' literature (mainly foreign) and the case law; pointing out the practical problems of valid legislation and its comparison to the legislation in the area of succession law in the above mentioned countries.
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Thing in a legal sense
Szostok, David ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
in english This work deals with institute of things in a legal sense in new civil code (Act. n. 89/2012 civil code) recently issued on our territory. New conception of the things in a legal sense brings entirely new aspect in comparison with former conception in which things were not defined at all. New definition of things returns to the conception being in effect on our territory at times of the so called "First Republic" in which was conception receptioned from the Austria civil code. After preface work proceed to the genesis of the term of the things in legal sense in ours civil codes being in effect in history of our country. Following chapter deals with the new aspect of the definition and mainly analyses its conditions which concrete estate has to fulfil to be proclaimed as a thing in a legal sense by definition of the civil code (usefulness, difference from the person, manageability). There is very often used as a source the doctrines and jurisprudence from the epoch of the first republic. It is logical because of the identical definition of the things in a legal sense. Next subhead deals with condition of utility of the things where analytically finding conclusion about necessity or this condition and how this condition will affect some estate in a way being or not being things in a legal...
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The Principle of Good Faith in Private Law
Vlková, Lenka ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Anglicky The thesis deals with the newly expressly enacted principle of protection of Good Faith in the Czech private law, specifically in its objective sense (the principle of honesty). The thesis approaches the principle with regard to absence of its express enactment in the Czech legal order before adopting new Civil Code as an unknown principle and in this respect it investigates it initially in other EU countries, notably in Germany, UK and France. It further examines its enactment in european harmonization efforts PECL, DCFR and CESL and for the sake of completeness also in other unifying documents such as the Vienna Convention on the International Sale of Goods or the UNIDROIT Principles. Based on the findings upon these documents, it further approaches to examine the principle of honesty in the Czech legal order, based on an analysis of current case law, legislation contained in the old Civil Code and finally it examines the current legislation in the new Civil Code. It investigate the topic from different angles, such as the relationship of morality and honesty, the relationship of freedom of contract and contractual justice, the question of judicial development of law.
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Liability for damages caused by wild animals
Maxa, Hubert ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Liability for damage caused by game The damage liability poses the key and complex issues of civil substantive law with some aspects not yet properly investigated. The civil liability may have various forms and it demonstrates in a whole range of social relationships, which the doctrine tries to reflect by its systematisation and categorisation. In this respect, for damage caused by animals as special entity presents a specific case liability. Damage caused by game can be considered as special case mainly as the harmful agent is a living organism, of which the behaviour cannot be predicted to a certain extent. Since 1 January 2014, however, the civil-law regulations take the liability for damage caused by animals explicitly into account and assume that the persons responsible should be the owner of the respective animal or the actual holder. The concept of the liability is based on the owner or holder being aware or related risks and hence acting in a way preventing the animal to cause damage. While the Civil Code effective from 1 January 2014 regulates the liability for damage caused by animals that is owned by somebody and hence compensates the deficit of previous regulations, the liability for damage caused by game is very problematic and not regulated sufficiently; damage cause by game poses...
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Hereditary contract and Legacy - reestablished institutes of Heritage Law
Borková, Martina ; Thöndel, Alexandr (referee) ; Elischer, David (referee)
práce v anglickém jazyce Aim of this work is to introduce and then closely describe two of new, or better to say re-established institutes of law of succession - contract of succession and legacy. Because death is a natural legal fact that none of us avoids which results in a fact that most of us, especially with increasing age, think thoroughly whom to bequeath property acquired during his/her life, everyone who ponders in such a way in case he/she wants to avoid intestate succession should have a knowledge of these new institutes, in my opinion very practical ones. The whole work is divided into six chapters (including introduction and conclusion). Chapters two to four are the principal chapters of this work dealing first with some kind of introduction into the whole problematics by explanation of basic terms, which is followed by interpretation of the institute of contract of succession and legacy, including comparison with chosen foreign legislations, as well as history of both mentioned institutes. The chapters dealing with contract of succession and legacy are divided into subchapters so that all aspects of these institutes could be explained; concerning contract of succession it is its short characteristics, form, problematics of time clauses and conditions, which is followed by the matter...
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Mode and scope of damages
Janurová, Petra ; Thöndel, Alexandr (advisor) ; Salač, Josef (referee)
in English This diploma thesis deals with the manner and extent of compensation for damage in civil law, which is systematically included in the fourth part of the Civil Code, entitled Relative property rights and in section named Obligations arising from torts. Specifically, the manner and extent of compensation for damage is defined in articles from 2951 to 2971. The thesis contains basic comparison of the conceptions of the manner and extent of compensation in the former Civil Code and in the new one, with emphasis on the most important reforms. It clarifies new terminology and describes the background of the newly established rules of law. It contains an analysis of the Czech legislation and its comparison with legislation of the neighboring states. It also mentions the European conception of the manner and extent of compensation for damage. The system of the thesis follows the organisation of the provisions on the manner and extent of compensation in the new Civil Code and is also divided into three chapters. The first one deals with compensation for material damage. Its main issue is the manner and extent of the material compensation and the conditions for its reduction. It also contains a provision on compensation for damage caused by an intentional criminal offence and rules for determining...
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Legislation governing foundations and endowment funds
Sose, Aneta ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Legislation governing foundations and endowment funds Abstract The diploma thesis deals with the topic of foundations and endowment funds with a focus on a current legislation, that is reincorporated into the general legislation after the recodification of the private law. Brief introduction to the topic of foundations and endowment funds is followed by the chapter containing a historical analysis of foundations on the Czech territory since the 9th century. Significant changes, which the foundations went through and caused their present form, are highlighted. The third chapter is the most important and the longest part of the thesis, as it focuses on a current legislation. The chapter defines the institutes of foundation and endowment fund in the contemporary society and it is divided into the two subchapters that concerns both endowment entities separately. The diploma thesis defines the purpose, property and bodies. There is further clarified the establishment and formation process and the reverse dissolution and termination process of these legal entities. In addition, the chapter formulates the Public Benefit Status and the conclusion is devoted to the new terminology brought by the recodification. It is followed by the fourth chapter, which compares a current legislation with the previous one, that was...
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Intestate Succession
Oravcová, Petra ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
1 Abstract This thesis focuses on the regulation of intestate succession, particularly in relation to the Civil Code no. 89/2012. It is not limited only to this regulation, but also includes the historical development of inheritance law and intestate succession from the Roman period, through the Middle Ages and subsequently identifies also modern civil codes. The thesis is divided into four sections, each dealing with certain aspects of intestate succession and related institutes. The first part, which describes the historical development of the intestate succession, is divided into six chapters. The first chapter is devoted to Roman law legislation and in the second chapter a succession in the Middle Ages is described. Followed by a fairly detailed regulation of intestate succession according to the General Civil Code of 1811 and a brief reminder of the government's draft of Civil Code from 1937. The fifth chapter deals with the intestate succession under the Civil Code no. 141/1950 and finally in the sixth chapter there is a brief description of the intestate succession under the Civil Code no. 40/1964., as detailed adjustment is included in other parts of the thesis in the context of a comparison. The second part deals with the preconditions of inheritance succession under effective legislative. The...
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Contractual acquisition of ownership of movable things: comparison of Czech and German legal regulation
Müller, Christian ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Contractual acquisition of ownership of movable things: comparison of Czech and German legal regulation The aim of this thesis is to introduce and compare three main approaches towards acquisition of ownership of movable things, which are currently present on the European continent. For this purpose, three different civil codes are outlined, whereas each of them represents one possible approach. The question, which of these systems works the best, has already been thoroughly discussed at the European level. However, the Czech civil code of 2012 has decided not to follow the conclusion of these discussions and opted for a different approach. Since the Czech lawmaker does not provide a duly reasoned explanation as to why he has decided to adopt a different rule, this thesis aims to take a closer look at the reasons, which might have played a decisive role. The topic of this thesis is divided into the four parts. Chapter one is introductory and its purpose is especially to set out the essential terminology such as thing, ownership or acquisition thereof. Chapter two outlines the respective approaches towards acquisition of ownership of movable things. This chapter stepwise presents German Civil code, Czech Civil code of 1964 and Czech Civil code of 2012. Chapter three deals with the idea of...
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