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Community property de lege lata
Svejkovský, Vít ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to introduce the issue of marital property, which I consider is still up to date. That is what I also learned during an internship at the court. I chose this topic mainly because I find it very interesting and important. This topic is very closely related to the family, which I consider to be the core of the society. The society without the family could not simply work. Joint property of spouses is one of the key nodes of the society. Not only the relationship between the spouses themselves, but also in relation to third parties. The thesis consists of six chapters, where most of them are further divided into subsections. The first chapter deals with the historical context of the development of joint property. This leads to an understanding of the current legislation. The second chapter deals with how the joint property is created and what constitutes the content of the joint property. That means assets and liabilities. In addition, it is pointed out what by the law cannot be part of the joint property. The third chapter of the thesis deals with the disposal of the joint property of spouses. Such disposal of joint property management concerns not only common, but also the non-common administration. Also an important point in this part is the relation between business activities and...
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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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Wrongful birth court rulings in European comparison
Vajda, Lukáš ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to analyse and compare wrongful birth cases in European context. Its first part focuses on the theoretical explanation of the concept of the action itself, then it is followed by a detailed comparison with wrongful life actions. A proper definition is necessary for further understanding of the matter. The second part of the thesis aims at an in-depth description of wrongful birth cases in major European countries. It discusses the medical liability and the parents` rights in the past cases and brings an evaluation and a de lege ferenda point of view. The conclusion deals with the similarities and the differences and offers the author's insight on the subject.
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Selected issues of adoption (comparative fragments)
Kubovičová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé The topic of this master thesis is selected issues of an adoption (comparative fragments). I chose not to deal with the theme as a whole because of its extent, which would have inevitably lead to mere scratch of the surface of such complex issue as an adoption. Picking and choosing some interesting aspects enabled me to go more into detail and elaborate on them in depth. When approaching this thesis I chose to use combination of analytic and comparative method. The thesis itself is composed of the introduction, six chapters and the conclusion. The purpose of the Introduction is to make the reader aware of the structure of the thesis and to outline the complicated legal nature of adoption. The objective of this thesis, which is also announced within this section, is to provide the reader with issues not usually dealt with within theses or academic works. Chapter One is divided into three parts and subsequently shed light into the concept of the adoption, its types and sources of the legislative. Chapter Two is dedicated to historical excursion and is divided into two parts. The First Part deals with global level and the Second Part is focused on the national level with emphasis on most recent historical milestones. Chapter Three is subdivided into three parts. The First Part examines conditions, which...
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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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