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Institution of shipping
Dudík, Jan ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Freight Forwarding The content of this thesis is a treatise on the issue of freight forwarding contract conclusion as well as on the topic of freight forwarding in general, namely in the context of Czech laws together with the laws of Germany and Austria. The thesis is divided into five chapters, whereas the author emphasizes, besides the comparison of the current and the previous legislations the clarification of basic terms of the law of transport and conceives the text as an elementary insight into an often overlooked issue. Demonstrated on the historical context, outlined in chapter two of the thesis, is the rather dynamic evolution of the branch as well as the set back of its promising beginnings in our countries caused by the installment of the totalitarian regime in the late 40s of the last century. Prevailing in the following legislative excursion, contained in the third chapter, is beside the aforementioned comparison, a pure analysis of the rights and obligations of the forwarding contract parties, means of their securing as well as of the alternative liability regimes, when included is also a brief description of the related types of contracts and the model transport documents used in the freight forwarding business branch. The fourth chapter consists mainly of an analysis of the legal...
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The new right to the surface
Petr, Pavel ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (referee)
The new right to surface Abstract The superficiary right of building is a legal concept on the boundary between ownership right and rights in rem in things of others, and should be approached as such. If we compare the relationship between the builder and the owner of the land before and after the end of 2013, that is, if we compare the two opposing principles of superficies non solo cedit and superficies solo cedit, we can clearly see the primacy of the latter approach to land ownership. The scholastic debate about the stage at which building becomes a thing in a legal sense is irrelevant, because from the beginning it is either part of the land, or part of the superficiary right of building conceived here as an immovable thing. It simplifies the modus vivendi between the owner of the building and the builder (there is no need to regulate the mutual relationship using obligation methods, or less stable in rem concepts that govern the possibility of building on the land of another).
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Servitudes
Voláková, Marcela ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This advanced master's thesis deals with the comparison of modification of the institute of easements, whose content is "passive behaviour" (to tolerate or to abstain) of a property owner - a servitude - in Act No. 40/1964 the Civil Code as amended to 31 December 2013 (CC) and in Act No. 89/2012 the New the Civil Code as amended (NCC). The aim of the thesis is to evaluate whether the acceptance of the NCC has caused serious alternations in the institute and, in addition, to evaluate these modifications. The chapters describe the acquisition of the servitude, consequent legal matters, their pricing, expiration and recording in the public register (the land register) as well as detailed modifications of some types of the servitudes and their terminations. The introductory part of each chapter contains brief historical outline which depicts the development and connections of the servitudes. For instance, the NCC has been inspired by some historical regulations such as The Allgemeines bürgerliches Gesetzbuch , the Civil Code of Austria, as amended to 1 January 1904. The main part of the thesis compares the modifications effective under the CC and the NCC with respect to the relevant judicial systems. In the summary of each thematic part, the most remarkable changes as well as positive and negative...
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Trust
Pěsna, Lukáš ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
This rigorous thesis is focused on a status of trust in an application practise in a Czech legislation with a context of historical aspects of institutes similar to trusts as well as actual legislation. The thesis includes also analyses of more difficult provisions concerning the trust, including economic impacts representing accounting and tax consequences. Also comparison with established modifications trusts in Europe and their possible utilization of the Czech point of view of the settlor is not ignored in the thesis. The first chapter describes the historical elements related to the Czech trust, particularly fiducia and trust. It highlights a faith as an essential element of this institute. Continental legal system based on ancient fideicommissum was probably the foundation of Anglo-American concept of trust. The second chapter is considered trusts in the Czech countries, containing legal aspects starting from the High Middle Ages to a contemporary reflection in the Civil Code. The substantial part of the thesis is about a detail analyze of the contemporary legislation pointing out some difficult questions (as misleading the trust) and possible problems. There are also de lege ferenda commented possible corrections of the actual legislations, not only reflecting an amendment of the Civil Code....
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Lease contract with special regard to lease of flat
Mlíková, Alexandra ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This dissertation is concerned with the legal regulation of the lease contract and it is concentrated in detail on the lease of the flat. The lease contract is evaluated from point of view of the legal regulation, the expert articles and judicatures, which act very important function at the interpretation of some provisions regulating the lease contract. The dissertation is made from point of view of the code No. 40/1964 Coll., Civil Code and from point of view of the code No. 89/2012 Coll., Civil Code. In this part of the dissertation I was concerned with the differences between previous and present legal regulations and I was evaluated positives and negatives, which the new legal regulation brings from my point of view.
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A Non Lege Artis Procedure as a Primary Precondition of Liability for Personal Injury
Šrobová, Linda ; Thöndel, Alexandr (referee) ; Salač, Josef (referee)
The thesis is focused on infringement of healthcare providers, which might be committed in case of violation of contract appointed duty. Such method is referred to as non lege artis. Shall patient enforce his title to compensate bodily harm, non lege artis is the primary assumption of provider's civil liability for health damage origin of the patient. This work addresses the introduction of legislation in this matter; in fact both legislation on health care incorporated in the Commercial Code, and also it is in some parts returning to the old legislation contained in the Civil Code, because most of court ruling from this area relate to the provisions of the Civil Code. The goal of my thesis is to use legal and extralegal analysis, court ruling, foreign literature and practical cases to interprete the concept lege artis/non lege artis and concentrate on particular situations, where the healthcare provider uses non lege artis method. Individual non lege artis cases were evaluated thank to specification of particular duties of healthcare providers. Regarding the fact that we can view lege artis/non lege artis method in dual approach, concretely lege artis stricto sensu/lege artis largo sensu, my thesis also dealt with the interpretation of this dual approach. Procedural aspect of this issue was not...
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The parity and disparity in settlements of common marital property
Sychrová, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis is focused on the theme of parity and disparity in settlements of common marital property. The main aim of this work is to analyze the topic of parity and disparity in settlements of common marital property, which is not summarized complexly in professional literature. The thesis is composed of seven chapters, which are divided into sections and subsections. Chapter One is an introductory chapter which provides the basic starting points and main purpose of this thesis. Chapter Two describes the historical development and conception of common marital property in our legal environment. Encompassing changes from Roman law through to modern Czech law. Chapter Three contains a short introduction to the topic, the basic characteristics of common marital property together with its creation, termination, regimes, modifications, settlement and methods of settlement are described in the beginning of the text. This chapter is used as a base for all other parts of the thesis. Chapter Four is the core of the thesis. It will deal with the conditions, reasons and consequences of using disparity in the case of settlement of community property. The topic is analyzed considering the basic normative starting points of parity and disparity. Current judicature is very important source of this thesis and is...
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Custom Software Development Agreement
Kábrt, Filip ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Custom software development agreement is a very actual topic. Nowadays, the increasing demand for IT services puts greater demands on quality of legal services. Development of IT services in the Czech Republic also causes that more and more cases end up in court. One of important parts of IT services is the custom software development and the legal regulation of this phenomenon is the subject of this master's thesis. Custom software development agreement as a legal topic is a very specific topic, because it contains not only problematic issues from the field of law but also from more technical fields. To fully understand content of this work, it is necessary to have at least basic knowledge in the field of software development. Basic computer skills are then taken for granted. The topic of this thesis is very actual also because of the recodification of private law in the Czech Republic, which came into force during the elaboration of this thesis. Thesis will operate with the Czech law, because comparison with foreign legislation would require much larger scope of the paper, than the given one. This thesis aims to provide the most complex view of the custom software development agreement as possible, considering defined scope of this paper. Articles regarding this subject are mostly focused on the...
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Marital property law
Beranová, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Zusammenfassung Diese Diplomarbeit befasst sich mit dem ehelichen Güterrecht; einem Thema, das sowohl für den Alltag der Ehegatten wichtig ist, als auch für diejenigen, die mit einer verheirateten Person rechtlich handeln. Die Arbeit richtet sich vor allem auf den Vergleich der gegenwärtigen rechtlichen Regelung, am 1. 1. 2014 in Kraft getreten, mit der vorherigen Rechtsregelung. Diese Arbeit besteht aus drei Teilen, die in Kapitel unterteilt werden, sowie aus der Einleitung und der Schlussfolgerung. Der erste Teil behandelt die historische Entwicklung der rechtlichen Regelung der Vermögensbeziehungen zwischen Ehegatten auf unserem Rechtsgebiet seit der Gültigkeit des Allgemeinen bürgerlichen Gesetzbuches vom Jahr 1811, über das Gesetz über Familienrecht vom Jahr 1949, bis zum bürgerlichen Gesetzbuch vom Jahr 1964, wirksam bis 31. 12. 2013. Der zweite, zugleich wichtigste und umfangreichste Teil analysiert ausführlich das eheliche Güterrecht im bürgerlichen Gesetzbuch vom Jahr 2012, das mit dem 1. 1. 2014 in Kraft getreten ist. Die einzelnen Kapitel befassen sich mit der Gütergemeinschaft einerseits was Entstehung, Auflösung, Vergleich und Schutz dritter Personen betrifft, andererseits was die Regelungen betrifft, denen sie sowohl vom Umfang als auch verwaltungsrechtlich unterliegen kann. Diese sind: die...
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Community property focused on settlement after its termination
Linhartová, Aneta ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...
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