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Assignment of contract - comparative study
Lobotková, Ivana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The thesis deals with the legal institution of assignment of contract from comparative point of view. The core of contract assignment lies in the replacement of a contractual party by a third person during the existence of a contractual relationship. As a new institution in Czech civil law introduced by the Civil Code as of 1. January 2014, the topic has not been sufficiently covered in legal theory and therefore its academic elaboration is highly actual. Before the 1 January 2014, the assignment of contract was not expressly recognised by the Civil Code 1964 or the Commercial Code, however the practice often pointed out the lack of legal regulation and looked for other ways to achieve the replacement of the contractual party. The goal of this thesis is to identify the diversities between the chosen legal regulations and to provide an evaluation of the Czech regulation based on comparison with foreign approaches. Comparison with the Italian civil law concept of cessione del contratto was chosen because of its major influence on other European codifications of contract law including the Civil Code 2012. Other regulations, such as the Civil Code of Netherlands, European Contract Code, Principles of European Contract Law, Draft Common Frame of Reference or UNIDROIT Principles of International...
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The right to respect for private and family life
Králová, Tereza ; Honusková, Věra (advisor) ; Elischer, David (referee)
(RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE) The main goal of this diploma thesis, called Right to respect for private and family life, is to analyze the progress in the issue of the right to respect for private and family life from the perspective of registered partnership. I had to narrow the topic of this diploma thesis to registered partnership, because of the fact, that the scope of the right to respect for private and family life is so broad, that it couldn't be summarized in the mere diploma thesis. Emphasis of this diploma thesis is placed on regulation set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), other regulation is mentioned only marginally. The diploma thesis is divided into four chapters, further it contains the introduction, the conclusion, the list of abbreviation, the list of literature and the Czech and English abstract. The most important part of this diploma thesis is chapter three, which deals with the right to respect for private and family life from the perspective of registered partnership set out in the article 8 of the Convention. Chapter 1 defines the right to respect for private and family life as one of the fundamental human rights and characterizes the international legal protection and legal...
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Civil disputes between the doctor and the patient
Saidamová, Suzan ; Salač, Josef (advisor) ; Elischer, David (referee)
Rigorosa title: Civil disputes between the doctor and the patient Medical law is a progressive interdisciplinary law linking both public and private law. Health is one of the most important attributes of human life. The existence of possible harm resulting from an unlawful act of a doctor may be extremely sensitive to the patient. Then the patient facing the specific issues in dealing with such a harm. There is a high rate of informational inequity between the patient and the doctor. The patient as a plaintiff needs to be balanced with available and effective instruments. These are, in particular, procedural instruments of a civil court, but also alternative dispute methods can correct this imbalance about informational inequity. This rigorous consists of three main chapters. The first chapter deals with the definition of the substantive relationship between the doctor and the patient and its content requirements, and further defines the possible violations of the duties on the part of the doctor and their consequences. The second chapter deals with the civil disputes between the doctor and the patient in the provision of health care. In this part there is the procedural relationship between the doctor and the patient defined as well as the evidence in civil process, including the description of...
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Testate succession
Řípa, Jan ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The goal of this diploma thesis was to discuss the issues of testamentary succession, where not only the institute of the last will and testament will be discussed, but also some other legal regulations of the succession rights, that cannot be left out while discussing the issues of testamentary succession. The presented work is devided into six chapters, where the first chapter is started with the introduction word of the author, who introduces the work and puts the reader into the problem. After this a brief digression into the past follows, showing the issues of testamentary succession in the historical context and finally, this chapter is finished with the definition of the valid legal regulation of this time. The second chapter of this work focuses on the main principles of the testamentary succession. Individual principles are named individually and analysed in details, where some of the specific declarations of these rules are explicitly pointed out not only in this chapter, but in the following ones, too. The third chapter focuses in details on individual presumptions that must be individually fullfilled, so that the succession could be possible. These conditions are discussed in individual subchapters called: the death of testator, the existence of decedent's estate, the capacity to inherit, the...
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Agreement to make a contract (pactum de contrahendo)
Král, Václav ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The purpose of this Master's degree thesis is to deal with preparatory institute of private contractual law pactum de contrahendo. This institute passed through to contemporary legislative conception long progress, currently it is in Czech Republic simultaneously regulated in two codes and at the present time performed re-codification of the Czech private law is in submission of the new Czech Civil Code its explicit regulation also contained. The thesis focuses on preliminary agreement being concluded according to valid Czech Civil Code, on its purpose, utilization and function. The thesis characterises its subjects, subject- matter, content and the process between entering into the preliminary agreement and the future agreement. In several cases the thesis provides with alternative approaches to a particular issue, presents judicial opinions of legal experts and pursues case law. The thesis also describes the development of regulation of agreement to make a contract in the context of Czech law within the range, which was appropriate to the subject, the thesis refers to similar legal institutes and compares current valid parallel regulation of preliminary agreements among themselves and with newly suggested regulation with the aim to find advantages and disadvantages of particular regulation....
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Notarial deed as an obligatory form of juridical act for disposition mortis causa
Ševců, Kateřina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Notarial deed as an obligatory form of juridical act for disposition mortis causa The purpose of my thesis is to discuss about juridical act for disposition mortis causa which for its validity requires mandatory form of notarial deed with a brief explanation of particular institutes. Submitted work is divided into eight chapters, the first chapter begins with a foreword by which is the work briefly introduced and shows the readers in the issue. The second chapter discusses about the importance of a notarial deed of juridical act for disposition mortis causa and highlights the benefits of drafting these documents by professional lawyer, such as notary, in comparison with risks that might come if the acquirer of these documents decides for a private form. In this chapter I also show on the probative force of public documents compared to private documents. In conclusion of this chapter is a brief list of the mandatory requirement of a notarial deed of juridical act for disposition mortis causa, including authorization to admit and lend these notarial acts. The third chapter deals in detail the "old-new" institute of contract of inheritance, its history and a brief comparison with the institute of donation mortis causa. The fourth chapter of my work pays attention to renunciation of the right of...
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The principles of private law
Čermák, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The Principles of Private Law In my thesis I occupied myself mainly with representative principles that master private law and that should lead to the implementation of the idea of justice as an ultimate goal of a legal set of rules in general. Despite of Sisyphean character of this task and impossibility of reaching it, there is nothing that can discourage from trying it again and again. I would like to admit that this attempt was at least ambitious and meaningful. Inability of perfect recognition "an sich" turns attention into extralegal sources of information, such as ethics, political sciences, sociology, economy and the head of all sciences - philosophy. This thesis also reflects intuitive approach to the principles of private law as a result of dependency on my personal preferences and cited sources and their authors (which also reflects my own disposition). The main issue was a function of the principles of private law in the normative set of rules. These principles make an important place in the normative set of rules as they form its limits. We can hardly imagine its "commission" without such principles of private law. They protect the integrity and the compactness, because Czech private law is nowadays extremely heterogeneous complex of rules. According to the restriction mentioned in the...
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Superficies síolo cedit principle
Sita, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis focuses on the "superficies solo cedit" principle, known since the times of the Ancient Rome and further adopted in civil law codexes, and according to which buildings are considered a part of the land on which they are built. The "superficies solo cedit" now becomes - after more than sixty years - a part of Czech law again thanks to the Section 506 of the NCC. This thesis divided into two main sections. The first section deals with historical aspects of the above principle through a timeline. In this section the Author explores the causes of the above principle in the Roman-law, investigates the regulation contained in the in the Austrian ABGB and looks at the efforts to implement the above principle into Czech private law in the period following the First World War. This section also covers the era following the Second World War when the efforts to implement the above principle came to a halt thank to Communist's successful rise to power and subsequent ideological changes resulting in complete abandonment of the above principle in Czech law. The Civil Code from 1964 for example completely lacked the above principle. This has been changed by the adoption of the New Civil Code 2014 ("NCC") which expressly references itself to the tradition of the Austrian ABGB from 1811. The Second...
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Trusts with special regard to their foundation and administration
Střeleček, Tomáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Trusts with special regard to their foundation and administration Abstract The purpose of my thesis is to analyse foundation and administration of trusts in the Czech Civile Code with respect to the main theoretical issues such as essencialia, naturatia and accidentalia negotii of the primary foundation legal document with is called "statut". I also concentrate on the status of beneficiary, but mainly on the rights and duties of the administrator of the trust. The reason for my research is to develop a system concerning the elementary questions relating to the legal life of the trust, to tackle main theoretical problems and to distinguish between significant phases of its existence and its admninistration. The thesis is composed of three chapters, Chapter Two being most detailed. Chapter one which is subdivided into three parts is dealing with preliminary questions such as the concept of trust and its history and international variation of similar institutes such as fiducie, treuhand and common law trust. Chapter One is introductory and defines the concept of trust: it is quasi legal subject made of structure of rights and duties towards autonomous assets and of rights and duties concerning its administration in largo sensum. Chapter Two examines relevant Czech legislation involving trusts, primarily the...
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Principles of private law
Andraško, Richard ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Principles of private law The reason of choosing "Principles of private law" for my thesis is that private law is built on untouchable values. For example, basic values like freedom and equality, which are represented by these principles. Many of them are indispensable in the relation of functionality of the whole system of law. Most of them have Roman law origin. The purpose of my thesis is to describe and summarize the main principles of private law that mostly appear in Czech law, especially in civil law. It also examines the influence of re-codification of private law on these principles and relationship between them. The thesis is composed of two parts. Part one, named general part, is introductory and defines different meanings of principles of law in Czech jurisprudence. It deals with historical perspective (Roman law connections to principles of law) and philosophical context (represented by concepts of legal positivism, theory of natural rights and sociological concept of law) of principles of law. It also describes the theory of principles of law by Ronald Dworkin. Part two, named specific part, focuses on principles of private law and contains the overview of them. It deals with legal regulations of these principles and their definitions according to judicial decisions. It also examines...
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