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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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Testate succession
Schneiderová, Martina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The law of succession is a part of civil law and its main goal is to secure the succession during generations. On somebody's decease there is come to gaining inheritance in the same point. The inheritance proceedings begin ex offo subsequently. The purpose of my thesis is to analyse the institution of testate succession. Actually there are two possibilities of inheritance succession. The first is an intestate succession and the alternative is constituted by a testate succession. Although in the Civil Code there is mentioned the intestate succession in the first place, testate succession holds the first position in practice. In fact legal heirs succeed if a deceased doesn't leave any testament. The exception is represented by forced heirs. The legal grounds to the testamentary succession there is a testament, sometimes called a will of deceased, too. It is necessary to write a testament in compliance with provisions of the Civil Code to be valid. The thesis is composed of five chapters, each of them dealing with different aspects of testate succession. Chapter One is introductory and there is also explained the historical context of testate succession. Chapter Two is named "Preconditions of succession", at first it defines basic terminology used in the thesis, for example the subjective law of succession and...
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Invalidity in Civil Law
Langhans, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis is dealing with the notion of invalidity as a juridical institute of civil code. It is expounding the types of invalidity, their common features and differences between them. Particular reasons of invalidity are being examined in detail. The thesis is focused mainly on comparing the legal regulations of the current and the new Czech Civil code.
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Legal capacity of minors in Czech and German law
Kočárková, Marta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is focused on legal capacity of minors. The main issue is an extent and circumstances under which minors are legally incapacitated to oblige themselves and to influence their own legal relationships. The thesis is divided into four main parts. The first part is focused on general definition of legal capacity and the basic concepts of dealing with limited legal capacity. Second part is dealing with evolution of legal capacity from the foundations set by roman law, it's development on Czech territory to the approval of recent civil code and development in Germany. Third part contains an interpretation of German legislation. I pursue the German legislation first because it is very sophisticated and provides us with plenty of vantage points on different aspects of the Czech legislation. The part dedicated to the German legislation subdivided into two chapters, where the first one focuses on general characteristics of the legislation and the principle of graduated legal capacity of minors and the second part deals with minors without legal capacity and minors with limited legal capacity. In the fourth part the Czech legislation is analyzed. First I focus on consideration of minors' capability to act independently with legal effects, then on evaluation of nature of legal acts, representation...
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Testament - a comparison of Czech and German legal regulation
Svejkovská, Teodora ; Dvořák, Jan (advisor) ; Elischer, David (referee)
v anglickém jazyce The aim of the thesis is to compare legal regulations of testament in the Czech and German legislation. A maiori ad minus methodical procedure is used in the thesis. After general characteristics of testament, the work is focused on the regulation of testament in Roman law, which significantly influenced the current legislation in the Czech and German law. Furthermore, the attention is paid to the regulation of testament on the Czech territory during 20th century, especially to the Czech Civil Code 40/1964. Subsequently, the thesis characterizes the current legal regulation of testament in the Czech Civil Code 89/2012 in detail. This analysis is mainly based on legislation, expert commentaries and literature, judgment and internet resources. After processing the Czech regulation of testament, the thesis changes its area of interest to the regulation of the German legislation of testament. At this chapter similar methodological procedure and legal resources were used. The comparison of testament in the Czech and German legal system showed following conclusion: although the legal regulation of testament is very similar, especially due to the historical roots of Czech and German law, several significant differences have been revealed, e. g. the concept of capacity to dispose, the...
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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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Contractual modifications of statutory matrimonial property regime
Kalousková, Iveta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Marriage is a topic that more or less concerns all of us. Community property is a financial aspect of marriage which is inseparably tied to it. Despite it being a fundamental problem, it is not well known to the general public. For this reason the aim of this diploma thesis is to clearly and systematically summarize the issue of contractual marital property law. For better understanding, the thesis defines basic terms of statutory matrimonial property regime, and focuses on parts of community property of spouses. Attention is focused on the issue of usual family equipment, because it was removed from the matrimonial property law due to recodification, which then instituted a new matrimonial regime: The Separate Property Regime. Except for the statutory matrimonial property regime, spouses are allowed to negotiate different property regime by using a contract of modification of community property of spouses. The contractual matrimonial property regime represents a major part of this thesis. First, the thesis deals with contractual matrimonial property regime, and then it mainly focuses on types of matrimonial property contracts, its contents and its limitations. It pays significant attention to registration of matrimonial property contracts, especially to the new publicly accessible list of...
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Suretyship and financial guarantee
Kašparová, Michaela ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Suretyship and financial guarantee - abstract As a topic of my Thesis I chose two civil and earlier also business law institutes Suretyship and Financial guarantee. I have analyzed the actual meaning of the debt security and its legal instruments in first part of my paper. There was a significant change in the Czech legal order since the new civil code came into power. Before the change, the institute of Suretyship was referred to in the "old" civil code Law no. 40/1960 Coll. for civil right purposes and in business code Law no. 513/1991 Coll. for business law purposes. After the recodification of private law, all legal obligations are now jointly in the "new" civil code Law no. 89/2012 Coll. The second part of my paper was dedicated to an analysis of this change and its impact. I went thru the effective legal treatment of the debt security, explained the effective debt security legal system in the civil code (analyzed the general provisions joint for all security institutes) in the next chapter. Furthemore, I dealt with the first of the security institutes being the topic - suretyship. First, I explained the meaning historical evolution since the Roman law, thru middle age, Austria-Hungary and the last century till today. Afterwards I dealt with the basics of suretyship, focused on the main differences...
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