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The ineffectiveness of legal acts in the Czech law
Sviták, Stanislav ; Hendrychová, Michaela (advisor) ; Winterová, Alena (referee) ; Fiala, Josef (referee)
The dissertation deals with the historical elements of the ineffectiveness of legal acts, and the tradition of this legal institute in the territory of the Czech Republic, whereas the concept of such a legal institute pursuant to Roman law is not left aside, either. The terms of the legal act are defined there as well as the absolute and relative ineffectiveness of legal acts. The dissertation focuses on the relative ineffectiveness (defeasibleness, the right of defeasibleness) of the legal act, namely with regard to other "defects" of the legal acts (nullity, invalidity, withdrawal from the contract etc.) as well as with regard to other systems of the creditor's protection (within the scope of the common civil law, corporate law, insolvency law and the criminal law instruments). The dissertation pays attention to the issue of the name of the defeasibleness right institute, to its purpose, forms (based upon defeasibleness as well as upon statutory ineffectiveness), and to the defeasibleness action. The dissertation analyses the effective legal regulation of the right of defeasibleness, including non-insolvency law (pursuant to 1964 Civil Code and 2012 Civil Code) as well as the insolvency proceedings. Keywords: absolute ineffectiveness, actio Pauliana, ineffectiveness of the legal act,...
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The Law on Divorce and Maintenance Between Former Spouses in the Czech Republic and in Selected European Countries
Mozgová, Kamila ; Hendrychová, Michaela (advisor) ; Králíčková, Zdeňka (referee) ; Dvořák, Bohumil (referee)
A divorce as one of the forms of termination of marriage is enacted in all European laws, being defined as abolishment of an existing marriage during the life of the spouses, pronounced by a competent state body, on the grounds stipulated by the law and within the framework of a prescribed procedural process, with effect ex nunc. One of the characteristics of the current European society is a so-called "family crisis". A manifestation of this crisis is a growing number of unmarried couples and, first of all, a continuously growing number of divorces. A divorce as a social situation became at the beginning of the third millennium an ordinary and acceptable issue for an overwhelming majority of the society, being considered to be an accessible, decisive and effective method for resolving disputes and problems in a marriage. In this respect, the current European legislation also leads to the fact that only a small proportion of divorces today ends by settlement between the partners. However, it is certainly unadvisable to overestimate the importance of the institute of marriage. As regards the general opinion, the law on divorce cannot be made so complicated that it would force the spouses to remain in a non-functional and de facto nonexistent union. In general we presume that upon termination of...
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The relationship of parents to minors with regard to the specifics of domestic violence
Spoustová, Ivana ; Hendrychová, Michaela (advisor) ; Radvanová, Senta (referee) ; Voňková, Jiřina (referee)
The dissertation thesis "Relationship of parents to minors with regard to the specifics of domestic violence" focuses in particular on judicial proceedings in cases of custody of minors where family relationships are affected by domestic violence. It attempts to explain why it is necessary for the courts to take into account this fact and to adopt such measures within their decisions to provide sufficient protection to persons at risk and at the same time to stop violent behaviour. Domestic violence as a dangerous social phenomenon is described in detail; information on its individual appearances and forms is brought; briefly mentioned are also other scientific disciplines whose knowledge is important not only for the recourse of offenders and the protection of victims but also for creation of a strategy of effective prevention. Negative impacts on mental state of minors are stressed, who must be viewed in all cases of domestic violence as its victims, i.e. also when the violent behaviour is not immediately directed against them. The thesis brings interpretation of the current legislation with reference to the most important changes in the legislation in the last decade. Last but not least, measures de lege ferenda are proposed the implementation of which could contribute to eliminating this...
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Legal capacity of minors in comparison with German Law
Ćwierzová, Simona ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis focuses on legal capacity of minors. Maturity of a person depends on his or her age and the development of a personality is consecutive, therefore each legal system must deal with a question how to incorporate a capacity of minors (going through this development) to cause legal effects with own acts. These persons need a higher degree of protection and a different intensity of control or surveillance. Based on general description of several theoretical approaches to the issue the solution chosen in the Czech Republic and in Germany is being closely analyzed. The text of this thesis is divided into five chapters. Firstly, the Czech legislation concerning the issue is being explained. In the first chapter all the basic terms are defined and also the system of legislation regarding legal capacity is shortly outlined. The second chapter includes detailed analysis of legislation concerning legal capacity of minors. The basic criterion for assessment of capacity to cause legal effects with own acts is intellectual and volitional maturity. This criterion is complemented with special cases of a minor acting with consent of his legal representative, operation of business and performance of dependent work. The thesis also mentions acquisition of full legal capacity before reaching the age of majority...
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Consequences of defects in legal acts
Piatka, Juraj ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The purpose of this master's degree thesis is to analyze a fundamental area of Civil Law - the consequences of defects in legal acts. The reason for this research is that this area of law is of great importance mainly but not limited to the contractual obligations and the numerous changes introduced by the new statute, the Act No. 89/2012 Coll., The Civil Code, gave rise to a large number of potential issues. The main objective is to provide a general overview of legal consequences of defective legal acts in order to better understand the context and the development in this area. The differences between particular consequences are appropriately highlighted and, where relevant, the paper provides comparison with the former legislation and points out the significant case law. The paper is composed of the Introduction, three Chapters and the Conclusion. Chapter One is introductory and defines the concept of "legal acts" and its essentials. In addition, a notion of defects in legal acts is presented. Chapter Two is an analysis of the various consequences of defects in legal acts. It is subdivided into four parts. Part One describes the new concept of non-existence in detail and the most disputable areas are discussed. It is argued that the concept of non- existence, although theoretically sound, does...
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Maintenance and support of a minor (comparative study)
Neumannová, Kateřina ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resümee Das Ziel dieser Diplomarbeit ist eine komplexe Zusammenfassung und Analyse des Begriffs Kindesunterhalt für Minderjährige nach der Neukodifizierung des Privatrechts in der Tschechischen Republik und Wiedereingliederung ins Bürgerlichen Gesetzbuch, zusammen mit der Einführung des Begriffs Kindesunterhalt in den historischen Kontext und mit der Bewertung der Einflüsse der vorherigen Regelungen. Diese Diplomarbeit wird sich außer der Vorstellung dieses Begriffs in der tschechischen Rechtsregelung auch mit den Rechtsregelungen der Slowakischen Republik, der Bundesrepublik Deutschland und der Republik Österreich beschäftigen. Das erste Kapitel wird der Rechtsregelung der Tschechischen Republik gewidmet. Nach der allgemeinen Abgrenzung des Unterhalts und seiner historischen Entwicklung folgt die Regelung der Unterhaltspflicht und des Kindesunterhalts für Minderjährige. Ich habe mein Augenmerk auf die Subjekte der Unterhaltspflicht, also auf den Unterhaltsberechtigten, der außerstande ist, sich selbst zu unterhalten, und auf den Unterhaltsverpflichteten gerichtet, wo sich um die Eltern oder unter bestimmten Bedingungen um andere Personen handelt, z.b. Großeltern. Dann habe ich mich mit den einzelnen Bedingungen beschäftigt, die für die Entstehung der gesetzlichen Unterhaltspflicht, ihr Erlöschen und oder...
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Invalid and putative marriage
Jakubčíková, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of my thesis is to describe and to compare individual aspects of invalid and putative marriage in the Czech Republic and the Netherlands and to analyse the reasons which lead to existence of these marriages. The reason for which I have chosen this topic is the fact that marriage is one of the most important legal institutions of family law and since the commencement of the new statute 89/2012 Sb., some requirements for marriage have been changed. The Dutch law is based on very similar principles as the Czech law, but the application of these principles is different in many ways. The thesis is composed of six chapters, the introduction and the conclusion. The first chapter of my thesis characterizes marriage as a legal institution in terms of its concept, purpose and function. It also compares marriage to other forms of living arrangements that are possible in the Czech Republic. The second chapter focuses on formation of marriage, the possible forms of entering into marriage, and analyses the conditions that must be met in the marriage to be valid, including special requirements for entering into marriage in unusual situations. The next chapter characterizes the legal consequences of marriage defects depending on their severity. The fourth chapter deals with invalid marriage and divides...
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Basic elements of relationship between parent nad child (comparative study)
Sladká, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé Basic Elements of Relationship between Parent and Child (a Comparative Study) The topic of my master thesis is 'Basic Elements of the Relationship between Parent and a Child, a Comparative Study'. The main purpose of my thesis is to compare rights and duties of parents and children in their mutual relationship, both at the present time and in the past, as well as in various foreign countries. I tried to provide a comprehensive overview of this issue, because a lot of parents, more so children, do not know what their own rights and duties are. The main right, and also a duty, of parents is to raise their children, however, it is just the top of all their duties and rights as parents. Nowadays rights of children are stronger than in the past, thanks to international evolution. This international evolution causes national family law to be improved, which reinforces the rights of a child. We should however remember that rights of parents represent duties for children and vice versa, rights of children are duties for parents. The thesis is composed of an introduction, three chapters and a conclusion; the chapters are further divided into subchapters. The introduction describes the structure and main goals of my thesis. Chapter One deals with the history of rights and duties of parents and children. The...
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The legal institution of settlement
Bryndová, Iva ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Thesis Abstract Institution of law - Settlement The aim of my thesis is to specify and to characterize a settlement as institution of law, firstly, in a general point of view and, further, in specific cases and situations in the context of which the institute of settlement is regulated in the Civil Code. The thesis consists of five chapters. The first chapter is introductory and it specifies settlement as the institution of law in a general way. The second chapter describes a co-ownership and it is divided into five subchapters. The first four subchapters deal with regulation of co-ownership and its settlement pursuant to Act No. 40/1964 Coll. whereas both ways of settlement are described in these subchapters, i. e. settlement of co-ownership by agreement of the co-owners and by resolution of the court as well. The last subchapter deals with changes in regulation, which were made in connection with Act No. 89/2012 Coll., the Civil Code. The third chapter dedicates to settlement of the joint property of spouses which occurs, in particular, when the marriage ceases to exist. In specific situations, extinction of the joint property of spouses occurs when the marriage exists. The first subchapter of the third chapter focuses on the joint property of spouses in a general way and following three subchapters deal...
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Selected institutions of inheritance law under the new Civil Code
Olenič, Josef ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the new civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them and provides a look to German and Austrian civil codes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, selected basic principles and systematic of the New civil code and inheritance law. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, Irregular forms, Regular forms, How to change or cancel it, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that combines parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic protection to the sides, Cancellation and changing contract. Chapter four focuses on Legacy interesting in the...
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