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Causal nexus in civil law
Smička, Martin ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to provide an insight into the topic of causation in law and to acquaint its reader with the common methods of proving the causation before courts. Among the most used methods such as the 'but for' test, this paper focuses on specific aspects of this topic which were introduced to the Czech legal system together with the adoption of the Civil Code 2014. The thesis also includes description and analysis of alternatively used methods of proving 'multiple causation' cases such as the theory of 'loss of chance' and 'pure economic loss'. Among this analysis the comparison between Czech and British legal system is used extensively. The core of this thesis is the effort to confirm or to refute the hypothesis that despite the Czech legal system does not officially recognize distinction between 'factual causation' and 'legal causation' as it is done in the British legal system, methods from both categories are actively used by Czech courts. This paper also aims to analyze whether, due to the fact that recognition between 'factual causation' and 'legal causation' is not explicitly expressed in the Czech legal system, does exist any negative or positive impact on judicial decisions. The last goal of this thesis is to demonstrate whether, similarly as in the British law, the significant number...
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Land law and legal relations to cultivated plants
Prát, Eduard ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
This diploma thesis deals with the land law issue and legal relations to planted crops, to be more precise, vegetation which is located on a land. It puts emphasis on systematically grown plants and ownership of plants and their fruits. Land law is one of the most important sectors of civil law. Since the Act. No. 89/2012 Sb., the Civil Code, has brought a staggering alteration to the sector of land law, the thesis is concerned with land law in compliance with this new law in the way that causal link and news in this area could be distinctly understandable. This thesis is also focused on applicable case law and, in some places, on the legislation of the First Republic and of the Austro-Hungarian Empire, which is followed by many institutes. The content of the thesis is divided into four main chapters, that are further subdivided into two levels of subchapters, and a conclusion. The first main chapter is dedicated to a basic division, sources, initial institutes and an introduction to the whole topic. The thesis is concerned with legal theory to the extent that is needed for the purpose of studying land law and legal relations to vegetation. The second chapter provides historical information necessary for understanding further development in the field of land law and understanding the current...
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Anonymous childbirth, concealing the birth of a child and placing a child in the baby-box under Czech law and under the law of selected European countries
Lukáčová, Lenka ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis is concerned with the legislature of the Czech Republic, Bundesrepublik Deutschland and the Republic of France, as regards the anonymous abandonment of children in babyboxes, anonymous births and births with the identity of the mo- ther classified. It presents a complex overview of the legal framework in which the above mentioned institutions are functioning, from the point of view of the current legislation and factual state of affairs, set in the background of historical evolution of the individual institutes in individual states. The first chapter of the thesis de- als with the terminology, which in these questions is often somewhat confused and confusing, due to laymen influences and translations between languages. The se- cond chapter presents the current legal framework of the individual states, together with the umbrella framework of the international Agreements which are binding to all three of the countries. The third chapter deals with babyboxes, describing their functioning in Germany and in the Czech Republic. The fourth chapter presents the issue of anonymous births and of the french l'accouchement sous X, which is on the line between the anonymous birth and the birth with the identity of the mother classified. Fifth chapter is concerned with the births with classified identity...
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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Bednářová, Klára ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
(Abstract) The diploma thesis deals with the reflection of the right to know one's own origin in the Czech legal order. Knowledge of one's own origin and the right to know one's own origin constitute not only a legal but also a moral and ethical question. The right to know one's own origin (i.e. the right to know one's parents, one's biological family and one's ancestors) is one of the subjective human rights, which belongs to every natural person. This right is more or less reflected in majority of institutes of family law. The thesis analyses the most important of them and indicates how the right to know one's own origin is reflected in these institutes or it is not, although it should be. The work seeks to highlight possible shortcomings of the legislation and tries to propose possible solutions de lege ferenda. There are also stated (for the purposes of comparison) some examples of foreign legislation in cases of some legal institutes. The diploma thesis is based on the legislation effective on the 26th March 2016. It is composed of an introduction, five chapters and a conclusion. The first chapter deals with the right to know one's own origin and its legal regulation in the Czech Republic. It mainly discusses the international conventions that are (in compliance with the Art. 10 of the...
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Transfer of a right as security
Žižková, Kateřina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The subject-matter of this thesis is the transfer of a right as security. The thesis is focused mainly on the history of the transfer of a right as security, its regulation in Civil code 2012 and it highlights the fundamental changes compared to its regulation in Civil code 1964. The regulation of the transfer of a right as security underwent considerable changes in Civil code 2012. However, the usage of this instrument in practice, compared to other security instruments, is not so common. The fault is primarily with the insufficient regulation in the Civil code 1964 which has led to extensive discussions on this topic in the past as well as restrictions by the Supreme Court. The main aim of this thesis is to evaluate the benefits of the regulation of the transfer of a right as security in Civil code 2012 as compared to 1964. Introductory chapters are dedicated to general issues of the law of obligations, focusing on changes of the basic terms. Other chapters include historical development of the institute and evaluate the applicability of the existing jurisprudence in light of the Civil code 2012. Following chapters deal with the issues of formal and content requirements for the contract on transfer of a right as security. Next chapters describe the process of realization of the transfer of right...
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Termination of marriage (in comparison with foreign countries)
Solná, Radka ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
RESUMÉ The topic of my thesis is the end of the marriage. In the thesis I deal with the particular types of the end of the marriage as well as with their legal consequences. The text is divided into introduction, four main chapters divided further into sub-chapters, and the conclusion. The first chapter focuses on the end of the marriage through divorce. First, I deal with the necessary preconditions for the divorce of the marriage. I distinguish two types of divorces, one with the investigation of the reasons of the disruption of the marriage and one without such investigation. I also describe clause protecting individual spouse from divorce in case the substantive damage may be caused to him or a minor child by divorce (so called hard clause). Further, I focus on matrimonial property and its liquidation after the divorce, on the living of respective spouses after the divorce and the possible obligation to pay maintenance. In the first chapter I also look into the arrangement of children after the divorce, i.e. the criterions which must be taken into account when assessing the situation of the child and its best interest, the legislation regarding custody of the child to solely one of the spouses, to their joint custody and the shared care. The main focus is on the shared care, which is still greatly...
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Harm to health - comparative analysis
Kolářová, Magdalena ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
In dieser Masterarbeit wird die Problematik des Gesundheitsschadens im tschechischen und im deutschen Zivilrecht beschrieben. Das Ziel dieser Arbeit ist, eine Übersicht über den Gesundheitsschutz in beiden Rechtsordnungen, und darüber, wann die Gesundheit verletzt wird und welche Folgen daraus entstehen, zu bieten. Dazu wurden die komparatistische Methode und die analytische Methode benutzt. Die Arbeit wird in drei Hauptkapiteln gegliedert, die ersten zwei widmen sich der Regelung in der deutschen und der tschechischen Rechtsordnung und das dritte der Komparation. Die Aufmerksamkeit wird zuerst der verfassungs- und internationalrechtlichen Verankerung des Lebens- und Gesundheitsschutzes geschenkt. Weiter wird geringfügig die vertragsrechtliche Haftung beschrieben. Die Hauptaufmerksamkeit wird der deliktischen Haftung geschenkt - es werden die Voraussetzungen für ihre Entstehung, sowie auch die Art und der Umfang des Schadensersatzes erläutert. Selbständig wird auch der Körper als der Objekt des zivilrechtlichen Schutzes beschrieben, und es werden auch die Fälle der sogenannten "wrongful birth", bzw. Kind als Schaden und "wrongful life", sowie auch die Sekundäropfer erwähnt. Der deutsche Teil erhält zusätzlich auch die Beschreibung der Haftung für vorvertragliche Pflichtverletzungen und der Verträge...
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Legal and ethical aspects of anonymous sperm donation with focus on the Canadian legal order
Konopásková, Anna ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Nowadays, anonymous sperm donation is indeed a globally discussed topic: the popularity of the use of assisted reproduction technology for the purpose of conception is directly proportional to increasing infertility and technological progress. Also, the duration of its use already started to show, with the first generation of opinionated anonymous donor children growing up. The aim of my work is to analyze what are the today's Western society's current ethical and legal views on the anonymous sperm donation and its alternatives, as well as what they should be, and to demonstrate these on the example of Canada, United Kingdom and Australia. In the first two chapters, I outline the context of ethical and legal thinking about anonymous sperm donation: I analyze the concept and implications of the infertility, as well as the development and types of methods of assisted reproduction. Further, I proceed from the basis of ethical reasoning and the determination whether the right to know one's origins, implying the right to know the circumstances of one's conception, exist, and its competition with the rights of parents and donors in the third chapter, to its legal grounds. First, in the fourth chapter, I deal with legislation on the right to know one's origins and other related rights in the international...
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Conctractual penalty
Tautrman Atanasovská, Pavlína ; Hendrychová, Michaela (advisor) ; Elischer, David (referee)
PhD thesis Contractual penalty concerns legal regulation of the contractual penalty in the Czech legal order and focuses on the most frequent application problems, which co- contractors at agreement on contractual penalty are faced with. Introductory chapters put emphasis on an interpretation of the term contractual penalty itself and on legislation genesis from the ancient Rome time to the present legal regulation of the contractual penalty included in Act N.89/2012 Sb., the Civil Code. The following chapters deal with some questionable aspects of an agreement on the contractual penalty, such as the form and the content of agreement, amount of the contractual penalty and its adequacy. The final part of the thesis describes legal regulation of the contractual penalty in the Republic of Croatia and in the Republic of Macedonia to a reader. This passage of the thesis takes into account also results of decision-making experiences of courts in the Republic of Croatia and in the Republic of Macedonia.
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Community property of spouses with a focus on its termination and settlement
Pyszková, Helena ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this work is not only draw attention to current legislation in the field of marital property, with an emphasis on its dissolution and property settlement in the light of current case law. The work also deals with the changes that this issue brings into re-codification of civil law. It also includes a comparison with the legislation in Germany, with whom we are linked by a certain portion of the historical development. All work is completed with current case law.
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