|
|
Liability of Carriage by Contract Types
Poláček, Bohumil ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
The aim of the thesis was to describe and compare relations arising from carriage of persons or articles, namely liability of contracting parties according to individual contractual types. Another goal was to compare individual principles of liability. Kinds of liability of the contracting parties ensuring carriage services by the contract type are as follows: (1) carrier - carriage of the person (a) timeliness of carriage, (b) damage to health, (c) damage to baggage carried with the passenger, (d) damage to the article which the passenger had with him during carriage (e) damage to baggage carried separately from the passenger; (2) carrier - carriage of goods a) loss of consignment, b) destruction of consignment, c) damage to consignment, d) depreciation of consignment, e) exceeding delivery time; (3) operator; (a) incapacity of the means of transport; (b) damage caused by operation of the means of transport; (4) lessor - incapacity of the means of transport; (5) storage provider - storage and custody of articles; (6) freight forwarder - provision of carriage; (7) mandatory - informing the mandator about true fulfillment of his order. Reasons to be relieved of liability apply to all contracting parties providing carriage services. Reasons to be relieved of liability may be unprivileged (common...
|
|
|
Protection of a forced heir and his disinheritance
Pospíšilová, Gabriela ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
1 Protection of a forced heir and his disinheritance - Abstract The protection of a forced heir is the protection of a descendant who is entitled to have the testator leave him at least a forced share of his estate. It is a traditional institute of inheritance law, which is a manifestation of the principle of familiarization and intergenerational solidarity by ensuring that the testator cannot completely neglect his descendant from his acquisition without a legal reason. The corrective, ensuring the autonomy of the testator's expression of will, is the existence of an institute of disinheritance, which the testator can use if his descendant is not worthy of the inheritance for a reason defined by law. The two institutes coexist and should be interpreted in conjunction with each other. The thesis aimed to describe the institutes, especially according to the substantive law, with the addition of the necessary context of procedural law. The aim of the thesis was also to draw attention to problematic aspects and to analyze controversial issues and vague legal concepts. The first chapter is focused on defining the basic concepts of inheritance law, which are defined from general to specific. To understand the current legislation, much attention is paid to historical developments. The second chapter, therefore,...
|
|
|
Easements
Hruška, Marek ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Easements Abstract The aim of this thesis is to provide readers with a comprehensive view of the legal institution of easements. Thus, easements are analysed not only in the context of the existing legal regulation, but also in the context of their historical development. The aim of this thesis is also to analyse the points of contention in the existing legal framework. To this end, the readers of this thesis are offered relevant expert opinions on the controversial issue. These opinions are supplemented, where appropriate, by the opinion of the author of this thesis, who also gives his view on the issue. Relevant case-law is continuously offered in the thesis to supplement the analysis of the individual sub-aspects. The thesis is divided into three chapters. The first chapter is devoted to the definition of the legal institution of easements, with which the thesis further deals. The second chapter of the thesis is devoted to the historical development of easements. Attention is paid in particular to Roman law, which is the ideological basis of servitudes. This chapter also examines the regulation of easements in the General Civil Code of 1811, which was the first comprehensive regulation of easements in the Czech territory, and the Civil Codes of 1950 and 1964. The third chapter concerns the current legal...
|
|
|
Administration of property of others - trusts
Lederer, Vít ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Rozehnal, Aleš (referee)
1 Administration of property of others - trusts Abstract The main objective of this thesis is to provide a detailed and systematical view of the new regulation of the institution of the trust in the Czech republic using the descriptive, analytical and comparative method. The work is divided into seven parts. Part 1 of this study is focused on defining the concept of the trust and its creation. It deals with its theoretical background and its fundamental constitutive elements. Part 2 describes the founder and his role at the creation of the trust and during its existence. In this part it is also discussed the question of reservation of rights to the appropriated property made by the founder. Part 3 of this thesis is concerned with the of administration of the trust. Primarily, this part focuses on the role of the trustee and his duties towards the trust and to the beneficiary, as well as his duties to third parties. The author also explores the question of an objective and impartial administration of the trust where the founder or the person who is to receive a performance from the trust is also the trustee, as well as the question of appointment and removing the trustee. Part 4 deals with the beneficiary and his right to receive a performance from the trust. It is also concerned with the way of appointing...
|
|
|
Internationalization tendencies in obligation law with a focus on contract law
Svoboda, Martin ; Lederer, Vít (advisor) ; Frinta, Ondřej (referee)
Internationalization tendencies in obligation law with a focus on contract law Abstract This thesis deals with the harmonisation and unification of the law of obligations, mainly contract law at international, European as well as at national level. Emphasis is placed on the historical context, the current regulation at all three levels and the identification of individual problems. The first part of this thesis is devoted to a general introduction of the topic. It is divided into four parts, first explaining the concept of internationalisation in general and then introducing the different kinds. The first chapter introduces the concept of private international law, including European private international law. The second chapter is devoted to legal unification and harmonization at the international level. The third chapter deals with the Europeanization of the law of obligations, and the fourth and final chapter outlines the issue of comparative jurisprudence. The second part is devoted to the need and feasibility of legal unification, again both at the international and European levels. This part discusses the various individual problems, such as the ways of implementation, and the problems posed by efforts to harmonise legal systems and unify the regulation of contract law. The individual problems are...
|
|
|
Inominated and mixed contracts on the background of the new Civil Code
Šidlo, Jan ; Lederer, Vít (referee)
Inominated and mixed contracts on the background of the New Civil Code Abstract This rigorous thesis deals with contracts that are not specifically regulated by law as a type of contract. These are mainly inominated contracts, but also mixed contracts, combining two or more nominated or inominated contracts. The aim of the rigorous thesis is to focus on certain specifics of concluding these contracts and define the regime by which these contracts will be governed, i.e. whether the general provisions of jurisdical acts are applicable to the inomninated or mixed contract, whether the general provisions of contract law are applicable and whether the special provisions for individual types of contracts are applicable (i.e. the so- called admissibility of analogy with the type of nominated contract, whick is closest to the inominated contract) etc. The author divides the rigorous thesis into eight crutial chapters. The first six chapters form a general part of the rigorous thesis and the remaining two chapters form a special part of the thesis. In the general part, the author defines the inominated contract in Chapter 1, distinguishes it from nominated contracts and asks whether the inominated contract can contain essential elements of a contract in Chapter 2. The author also deals with the relationship between...
|
|
|
Personal name in private law
Kopejtková, Kateřina ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Personal name in private law Abstract The subject of this thesis is analysis of legal framework of personal name in private law. The thesis deals with relevant parts of the Act No. 89/2012 Coll., the Civil Code (hereinafter "the Civil Code"), the most important private law act. The thesis also reflects the other acts, especially the ones witch concern protection of the personal name. The text of the thesis also presents the relevant parts of Act No. 301/2000 Coll. about Registers, name and surname (hereinafter "Act No. 301/2000 Coll.") because of its connection with the family law in the Civil Code. The thesis also reflects the law of European union because this law impacts internal law. The theoretical explanation is supported with suitable case law. The first part presents the meaning of personal name in life and it also explains the sense of the term "personal name" in law. The second part provides history of legal evolution of personal name. The thesis presents the evolution of personal name in ancient Rome and in the Czech lands. The third part contains the right to a name and explains what is content of the right to name. The thesis compares national and international law of the right to a name. The fourth part reviews the protection of personal name according to the Civil Code. The fifth and the...
|
|
|
Administration of property of others - trusts
Lederer, Vít ; Vyskočilová, Silvia (referee)
Administration of property of others - trusts Abstract The main objective of this thesis is to provide a detailed and systematical view of the new regulation of the institution of the trust in the Czech republic using the descriptive, analytical and comparative method. The work is divided into seven parts. Part 1 of this study is focused on defining the concept of the trust and its creation. It deals with its theoretical background and its fundamental constitutive elements. Part 2 describes the founder and his role at the creation of the trust and during its existence. In this part it is also discussed the question of reservation of rights to the appropriated property made by the founder. Part 3 of this thesis is concerned with the of administration of the trust. Primarily, this part focuses on the role of the trustee and his duties towards the trust and to the beneficiary, as well as his duties to third parties. The author also explores the question of an objective and impartial administration of the trust where the founder or the person who is to receive a performance from the trust is also the trustee, as well as the question of appointment and removing the trustee. Part 4 deals with the beneficiary and his right to receive a performance from the trust. It is also concerned with the way of appointing the...
|
|
|
Formation and termination of marriage with respect to property issues
Kovandová, Radka ; Salač, Josef (advisor) ; Lederer, Vít (referee)
The aim of the rigorous thesis entitled Origin and termination of marriage with regard to property rights is the analysis of marriage institutes and marital property. These institutes are characterized in terms of their origin, duration and extinction. The work is divided into three large chapters, the first chapter deals with the origin and termination of marriage, the second chapter is devoted to the concept of marriage and the last chapter is devoted to the comparison of legal regulations in the Czech Republic, Germany, Austria and France. In addition to these parts, the work has an introduction at the beginning and a conclusion at the end. In Chapter 1 I analyze the regulation of marriage from the point of view of civil law. The chapter discusses the concept and purpose of marriage, engagement, procedure of marriage, prerequisites of marriage and marriage (marital capacity, marriage declaration and marriage ceremony), special ways of marriage (marriage representative, marriage abroad, marriage in direct threatening the life of the fiancé) and finally the legal consequences of marriage. Another area is to analyze the regulation in terms of canon law. In this part the concept of marriage by ecclesiastical law, engagement and preparation for marriage, obstacles to marriage and the formation of...
|
|
|
Animal and duty to provide compensation for damage
Kubečková, Barbora ; Lederer, Vít (advisor) ; Salač, Josef (referee)
Animal and duty to provide compensation for damage Abstract As of 2014, an animal is no longer considered a mere thing within the Czech legal system. The legislator thus responded to society's changing attitude towards animals. Animals have gained in importance also in private lives. It is not exceptional for an animal to take on a role of a close companion today. However, due to their unpredictability animals often find themselves out of human control. Consequently, damage to legally protected goods often occurs. This diploma thesis concentrates on damage caused by an animal as well as damage caused to an animal. The aim of the thesis is to provide a complex insight into the legal regulation of compensation for the damage in question and to evaluate whether the regulation adequately reflects the special nature of an animal as a living creature, especially in the context of dereification of animals. The thesis is divided into four chapters. The first chapter is devoted to an animal and its legal status. First, the chapter focuses on the conceptual definition of an animal. Subsequently, the phenomenon of dereification of animals is discussed. The chapter identifies interests pursued by the dereification of animals and rejects the notion of dereification as a mere proclamation without practical consequences....
|
guest ::
RSS feed.