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Rights and duties of passengers in public transport
Barták, Milan ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Rights and Duties of Passengers in Public Transport The topic of this thesis is the issue of passenger's rights and duties in public transport. Despite the fact that contract of carriage passengers belongs to one of the most commonly stipulated contract types, governed by the provisions of the Act No. 89/2012 Coll., the Civil Code, as amended, and also rights of passengers arising out of entering into this contract are - as one of the branches of the customer law - the subject of considerable European union legislation, the contract of carriage passengers and its related issues remains unaddressed in the legal doctrine. The aim of the thesis is to analyse the rights and duties of passengers arising out of the contract of carriage in the most common types of public transport in The Czech republic, and also to categorize and include them into the legal context, because - as mentioned above - this undoubtedly live issue has not been completely discussed. With regard to complexity of the thesis are also mentioned rules of International and European law, focusing on directly applied secondary european legislation. The thesis is composed of introduction, four chapters divided into subchapters of two different levels, and summary, whereas the principal focus of the thesis is from chapter two to four....
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Easements
Medunová, Adéla ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Acquisitive prescription This Master's degree thesis deals with the topic of acquiring the right of ownership by prescription (usucaption). Its aim is to describe the form of the institute in Czech law and to put it into a broader framework. Acquisitive prescription is a means of original acquisition of ownership rights to things. It solves the problem, when possessor does not own the object of the possession. The ownership to the thing is acquired under these conditions: good faith of the possessor, just title, possession for required time. The thesis is composed to five chapters. The introduction summarizes the aims of the study and explains the concept and the structure of the thesis. Chapter One is introductory and defines basic terminology used in the thesis. It describes the concept of things and rights in rem in Czech private law. Then it explains the theory of possession, such as its fundamentals, its meaning and protection provided to the possessor. After that it focuses on definition of ownership and methods of acquiring the right of ownership. This chapter concludes with a short explanation of what is acquisitive prescription and what is its significance. Chapter two focuses on the history of this institute. It highlights the most important aspects of acquisitive prescription in ancient...
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Evolution and transformation of the legal institute acquistion from a non-owner in czech countries
Punčochář, Jiří ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Cizojazyčné resumé The aim of the thesis "Evolution and Transformation of Acquisition from a Non-owner in the Czech countries" is to conduct a thorough analysis of the historical evolution of this legal institute in the Czech countries. At the beginning, the thesis pursues the general interpretation of this legal institute which is an exception of the principle "nemo plus iuris". The thesis covers a legislation which was valid in a Roman law, and then the modern historical roots of Acquisition from a Non-owner in old German law. Legislation of the Middle Ages period in the Czech countries is covered as well. Further, the thesis is devoted to the problem of acquisition from a non-owner in adopted civil codes or their proposals in the territory of the Czech countries. More detailed description is included in the chapters pursuing the legislation in the Codex Theresianus and in the Allgemeines bürgerliches Gesetzbuch (ABGB). The legislation of the latter engages in prominent representatives of jurisprudence of that era as well as judiciary practice. Subsequently, the attention focuses on proposals which appeared in the inter-war period. A historical part of the thesis continues with the legislation in so called Middle Civil Code. Finally, the thesis encompasses the legal regulations of the studied institute in...
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Principle of superficies solo cedit
Vrána, Tomáš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This thesis is focused on the superficies solo cedit principle which was already known in Roman law and which expresses the rule that the surface yields to the ground. As a result of this rule, everything that is built on the land and that grows up naturally there belongs to the owner of the land. The aim of the thesis is to describe origin and historical development of the superficies solo cedit principle, subsequently to present its current expression in the legal order of the Czech Republic and to identify its problems, and, finally, to point out the effects of the restoration of the superficies solo cedit on the Czech legal system. The thesis is divided into seven separate chapters. Chapter One describes the expression and development of the superficies solo cedit principle in the Roman law. Chapter Two particularly deals with the ABGB Code from 1811 which was valid in the area of today's Czech Republic until 1950 and which significantly influenced the current Czech Civil Code. This chapter also includes analysis of provisions dealing with superficies solo principle and other relating terms, some of which were an inspiration for current Czech legislation. Third chapter explains the reasons for abandoning of superficies solo cedit principle in Civil Code No. 141/1950 Coll. and its consequences....
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Cadastre of real estate
Koloros, Filip ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the land registry. The purpose of my thesis is to compare old and new legislation relates to Cadastre of Real Estate. The reason for my research is that the new legislation came up with signicifant changes. At the beggining of my thesis you can find introduction. Introduction presents aims of my thesis and also structure. The thesis is composed of seven chapters. Chapter one concentrates on history of land registry. This chapter is subdivided into five parts. In each part is described one of important historical periods related to real estate record. Chapter two examines relevant Czech legislation of cadastral law. It briefly describes effective laws and ordinances. Chapter three deals with fundamental information about Cadastre of Real Estate. This chapter consists of three parts. Part one focuses on basic terms and their definition. Part two describes objects, which are kept recorded. Part three containts information about content of land registry. Chapter four is an analysis of registration into the Cadastre of Real Estate according to past legislation. This chapter provides an outline of relevant Czech case law. Part one describes Entry. Part two is about Record. Part three characterises Note. Chapter five analyzes registration into the Cadastre of Real Estate according to...
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Acquisitive prescription
Brousilová, Gabriela ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Easements Master's degree thesis deals with easements and describes historical development of this legal institute, and his form in today's effective civil code 89/2012 Sb. Easements belong to absolute property rights and iura in re aliena, which is the privilege of using a thing of another as if it were one's own. There is an obligation of one person to tolerate something, to refrain from something or to perform something in favour of another person. In this way it allows more people to use one thing without being its owners. The thesis is divided into five chapters. There is an introduction, which describes the aim and division of the work. First chapter explains the institute of easements, its place in today's effective civil code and historical types of easements. There is also short part about the importance of this institute in today's law. Second chapter deals with historical development of this legal institute. First of all there is subchapter about servitutes in Roman Law, because civil code 89/2012 Sb. was inspired with it. Then there is part about regulation in the feudalism period. Because the main inspiration for civil code 89/2012 Sb. was ABGB from 1811, there is subchapter about servitutes in this civil code. Last subchapter of this part deals with the regulation according to civil...
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Rail transport of people in the Czech and German legal system
Ambrož, Jiří ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to describe and evaluate the legal system of the public transport of passengers on railways in legal systems of the Czech Republic and Germany, including the influence of European and international law. A comparison of the both of the legislations will be made, alternatively some of de lege ferenda proposals for the Czech legislator will be draft. This thesis deals with the both of domestic and international transport. The thesis is divided into six chapters including the introduction as a chapter one and conclusion as a chapter six. In the second chapter some of the legal terms form the field of transport theory such as transport or carriage are defined. The third chapter describes the historical development of the legal regulations of transport starting at the times of the Roman Empire. The fourth chapter deals with the today`s legislation of the transport. It`s subheads describe the influence of the public law, the sources of transport law, the legal systems of transportation, the contract of carriage and the rights of the parties to the contract. Each subhead describes the Czech legal system following by the description of the German one. When it`s suitable, the comparison of both of the legislations is made. The fifth chapter deals with the international law...
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The forced heir and disinheritance
Kozlová, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
1 SUMMARY- FORCED HEIR AND DISINHERITANCE The subject of this thesis is the forced heir and disinheritance. The purpose of the thesis is to describe the current and future legal regulation while comparing them. Every testator is obliged to leave some part of the property to his or her forced heir. The forced heir is the testator's descendant and can be either minor or major. The only way for testator to avoid this obligation is to write a deed of disinheritance. There is a specified number of reasons of disinheritance; they are as follows: 1) the forced heir did not provide necessary assistance to the testator in disease, in old age or in a certain serious case 2) he did not show real interest in the testator 3) he was sentenced to imprisonment for at least one year 4) he led a dissolute life. The New Civil Code has replaced the third reason by following: the forced heir was sentenced for a criminal offense, which indicates his wicked nature, and adds one more reason of disinheritance, allowing to the testator to disinherit a wasteful forced heir. Both the current and future regulation of disinheritance are criticized for their generality and unclear definition of legal terms. The thesis is composed of 4 chapters. Chapter One is introductory and defines basic terminology used in the thesis: the forced heir...
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Contract of Donation with a Focus on the Return of the Gift
Řehounková, Jana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Contract of donation may be considered as one of the most common contractual type of the civil law that everyone can meet in everyday life. On the opposite its present legislation in the Civil Code represents one of the briefest ones in comparison with other contracts regulated there. Not only for this reason problems while interpretation appear, especially with respect to the special legal institute of return of the gift which gives the donor the right to revoke the gift under certain circumstances. The aim of this thesis is to provide its reader the comprehensive view of the contract of donation and subsequently return of the gift itself not only from the viewpoint of the civil theory but also from the perspective of judicial practice when it is impossible to dispense with it given the concise legislation. It is not an easy objective particularly when it comes to the institute of the return of the gift that is defined in only one provision of the Civil Code which provoked just from the beginning of its existence a number of consideration and discussion among professional public over some controversial matters; there is no need to mention that suggested solutions diverge. Then there is also important role of practice of the courts that attempts to interpret the undefined terms, but it is similar as...
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Acquisition of property from a person other than the owner in Czech and German System of Law
Belová, Petra ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
ACQUISITION OF PROPERTY FROM A PERSON OTHER THAN THE OWNER IN CZECH AND GERMAN SYSTEM OF LAW The purpose of my thesis written on the topic 'Acquisition of property from a person other than the owner in Czech and German System of Law' is to analyse historical development of acquisition from non-owner and its future tendencies. This concept constitutes an exception from the principle of 'no one can transfer a greater right than he himself has'. This work compares current Czech legislation with German system of law, and also with legal regulation of acquisition from non-owner in the new Civil Code, Act No. 89/2012 Sb., which will be effective from January 1st , 2014. The topic is extremely interesting, both for the current effective legislation in this field, which is not entirely satisfactory, and for its topicality due to the adoption of the new Civil Code, which will bring the institute back to the Czech law environment. What is more, it is a fragmented area without a separate comprehensive monograph. The thesis is composed of six chapters, each of them dealing with different aspects connected with the concept and its exceptions. Chapter One is introductory and defines basic terminology used in the thesis. It deals with an ownership generally, with its content and means of acquisitions of property. Chapter...
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