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The Plurality of Persons Regarding Ownership-General Issues
Žáček, Lukáš ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The Plurality of Persons Regarding Ownership - General Issues Resumé The aim of this diploma thesis is to analyze some of the issues concerning the plurality of persons regarding ownership which have been brought by the Act of the Czech Republic No. 89/2012 Sb. Civil Code ('the Civil Code 2012'), which has come into effect on 1 January 2014. The thesis is divided into five chapters. The first chapter is devoted to the sources which were the main inspiration for the authors of the Civil Code 2012. The main sources were the Civil Code of Austria (Allgemeines Bürgerliches Gesetzbuch) and the bill of Civil Code proposed by the Czechoslovak government in 1937. The chapter emphasizes the fact that it is necessary to take these sources into consideration when analyzing legal regulation contained in the Civil Code 2012. The truth of this statement is proved throughout the whole text of the thesis since many references concerning these sources are made. The following chapter describes two legal forms of co-ownership that exist in the Czech legal system: common ownership and co-ownership in which shares of co-owners do not exist (e.g. community property). The chapter shows similarities and differences between these forms. The third and the fourth chapter are the core of this diploma thesis. The third chapter answers...
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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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Legal position of a child with regard to the right of participation (comparative study)
Javoreková, Alexandra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The thesis concentrates on the topic of legal position of a child and his or her participation rights. It is drawn as a comparative study and focuses on comparing the legislation concerning participation rights of the child in the Russian Federation and the Czech Republic. The main goal of the thesis is to find identical or similar elements in the legislation regarding the child's legal position and his/her participation rights. Adoption of the Convention on the Rights of the Child in 1989 was followed by a changed approach of its member states towards the legal position of the child. States enlisted provisions into their legislation that held a child not only as a passive holder of rights but an active subject that is able to exercise those rights after fulfilling legal conditions. The important aspect on which the thesis also focuses is assessing whether the participation rights of a child are really being applied in practice or they are up to the present day rather a theoretical construction. The thesis is divided into an introduction, four main chapters, which are further divided into subsections, and a conclusion. The first chapter deals with fundamental terms, which are crucial in relation to the legal position of a child and his/her participation rights. Firstly, a definition of "a child" is...
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Liability for damages - Indemnity
Cidlina, Václav ; Hendrychová, Michaela (referee) ; Frinta, Ondřej (referee)
The rigorous thesis Liability for damages - Indemnity mainly describes requisite assumptions that constitute an obligation to provide indemnity. The thesis compares the existing legislation of Act No. 40/1964 Coll., the Civil Code and Act No. 89/2012 Coll., the prospective new Civil Code. The author further describes the law relating to the obligation to provide indemnity under the German Civil Code, emphasizing particularly the fact that general provisions of the new Civil Code dealing with the obligation to provide indemnity have been inspired by the German Civil Code.
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Usufructuary right of building and other ways of erecting house on the land of another
Buchar, Jan ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Usufructuary right of building and other ways of erecting house on the land of another The purpose of this thesis is to analyse comprehensively the institute of usufructuary right of building and other ways of erecting house on the land of another. Other legal institutes that can be used to set up home on a foreign land are easements, lease, usufructuary lease, precarious loan and loan for use. The Civil Code, after more than sixty years, is returning to the superficial principle, with which is the usufructuary right of building inherently connected and which represents an exception from that principle. Thesis is divided into four parts. The largest is the first part, which deals with the usufructuary right of building. The second part is devoted to other institutes, which enable the establishment of a house on a foreign land. The third part is the comparison of the usufructuary right of building with other institutes. The fourth part focuses on the usufructuary right of building legislation abroad. The focus of this thesis is in the first part, which consists of nine chapters. The first chapter defines the basic concepts and institutes related to the usufructuary right of building. The second chapter describes the history of the usufructuary right of building. The third to the seventh chapter...
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Limitations of actions as a legal fact
Paulů, Marek ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Limitation as a legal fact Legal institute of limitation has been a part of the legal system since the days of Roman law, yet it is not a legal relic, which in the modern concept of rights had their place. Limitation is a legal institute that is an integral part of modern legislation and whose meaning in law is a proven tradition of more than fifteen hundred years. The aim of this thesis is to give a comprehensive explanation about the institute of limitation in civil law. This thesis divided into five chapters approaches the status of limitation among other legal facts, subjecting it to a thorough analysis, gives the view on the concept of limitation de lege lata and its evolution in our country through historic civil law codification and compares its approach with adjustments in selected European countries. The first chapter discusses general information about legal facts which are divided by traditional keys and on the basis of this division and between them rest the institute of limitation. The second chapter defines the concept of limitation, refers to its meaning, analyzes its components, tests subjects objection of forfeiture accordance with good manners, calculates the rights that are subject to limitation and states that are contrary legislature declared inviolable. This chapter also...
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Protection of personal data in healthcare
Ryklová, Zuzana ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The thesis deals with the rules of the protection of personal data in the process of rendering healthcare. This topic is highly relevant because the act no. 89/2012 Coll., The Civil Code, came recently into force and influenced the topic of this thesis, mainly in case of the settlement called "The Healthcare". The work is divided into four chapters. The first chapter contains the most important legal sources for the protection of personal data in the process of rendering healthcare. The chapter also describes the major decisions of the European Court of Human Rights and the most important decisions of courts in Czech Republic. The second chapter deals with the protection of personality, right to privacy and with the protection of personal data. The protection of personal data in healthcare is undoubtedly a part of above mentioned rights. The third chapter deals with the duty of confidentiality of healthcare workers, the possibility of breaking the confidentiality and the legal liability for breach of a duty of confidentiality. The fourth chapter describes the regulation of medical records. The conclusion includes an evaluation of existing legal regulation and proposals de lege ferenda. The conclusion also contains topics which were not included in the thesis but due to their attractiveness are at...
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Legal concept of the term "thing"
Procjuk, Volodymyr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal concept of the term "a thing" is the key matter not only for civil law. The concept defines which things may be subjects to proprietary rights. Generally, there are two approaches in understanding of "a thing" de iure. The first approach is based on the narrow conception of things, which sees things as corporeal objects where only they may be objects of ownership. The second approach is based on the wide conception of things. Therefore, incorporeal things, claims, objects of intellectual property and other incorporeal things fall under the category of things. Nowadays, everything that is different from individuals and legal entities and serves the needs of people is undestanded to be a thing by the Civil Code. Compared to the Civil Code, Act. No. 40/1964 Coll, the new Civil Code favors the wide approach. The aim of this thesis is to introduce the development and the concept of the term "a thing" in our country not only in civil codes, but also in doctrine. The thesis is devided into four parts and mainly describes the very concept of things, the concept of corporeal and incorporeal, movable and immovable things and other terms closely related to things. The first part introduces historical development of the concept of things in our country. The second section is the key part and it focuses on the...
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Lex artis - Legal Interpretation of the Issue (comparative analysis)
Mikulová, Magdalena ; Hendrychová, Michaela (referee) ; Frinta, Ondřej (referee)
This diploma thesis goes into a problem of the legal interpretation of the term lex artis, which some authors describe as well-known term of unknown content. Generally, this term relates to the activities of doctors and other health care professionals within taking care of patients, and usually we can meet with the ablative lege artis, which is used to denote a professionally correct action. This term is in common usage also in the reference books and case law where the breach of the duty to act lege artis is considered to be a precondition for liability of physician or health care provider for injury to the patient. Certain difficulty of using the term lex artis lies in the fact that the legislation in force does not mention not even define this term and its meaning must therefore be inferred from legislation by interpretation. For the legal definition of lex artis is from 1st April 2012 considered the provision of s. 4 (5) of Act No. 372/2011 Sb., about Health Services and Terms (the Health Services Act), as amended, which defines appropriate professional standard of providing health services and which is from the early beginning criticized by the part of professionals for its alleged conflict with patients' rights guaranteed by the Convention on Human Rights and Biomedicine. The aim of this...
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Objectionability and relative ineffectiveness
Záhorská, Soňa ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Objectionability and relative ineffectiveness The purpose of my thesis is to analyse the notion of relative ineffectiveness, the institute of private law, which serves as a protection of the creditor against the certain legal acts of his debtor. This institute was known as objectionability before the new civil code came into effect. The aim of this paper is to explain the importance of relative ineffectiveness and to distinguish this institute from the sanctions of the defective legal act. The first chapter of my thesis deals with the notion of legal act and its elements which are essential for the existence of the valid and effective legal act. The subsequent parts examine the results of the situations in which the requirements to elements of legal act are not fulfilled. The chapter Two deals with the defects of legal act causing its nonexistence. The following chapter Three concerns the sanction of invalidity and the chapter Four explains the notion of ineffectiveness. The explanation of those sanctions is important for its mutual differentiation and for the subsequent analysis of the institute of relative ineffectiveness, because only valid and effective legal act can be pronounced by court as relatively ineffective. After analysis of different types of sanctions of defective legal act, the...
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