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Tenancy in the legal practice
Řeháková, Nikol ; Salač, Josef (advisor) ; Zvára, Michael (referee)
This rigorous thesis deals with the current legal regulation of renting an apartment, especially with the emphasis on evaluating the position of tenant representing the "weaker" part. The aim of the work is to find out whether a tenant really represents the weaker part in the contract and whether it is still appropriate to provide the tenant with the legal protection. The thesis is divided into nine chapters. The first chapter focuses on rental relation in general. The second chapter, following the first one, deals with regulation of rent, which is a current topic today. The third chapter is devoted to legal certainty, which has undergone certain changes since the legal force of Act No. 89/2019 Coll., The Civil Code. The fourth chapter introduces some of the possibilities of security institutes and also points out the possible ways of securing the landlord in case the tenant breaks its obligations. In the fifth chapter, the selected rights and rental obligations are mentioned. The sixth chapter discusses the tenancy issue from landlord's point of view, taking into account even the criminal law level concerning landlord's entry into the tenancy issue. The seventh chapter introduces the prohibited contractual agreements. It also focuses on the amendment Act No. 89/2012 Coll., which returned the...
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The Restitution Titles according to the Act on the Property Settlement with Churches and Religious Societies
Pultznerová, Hana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Mgr. Hana Pultznerová: "Restitution titles according to the Act on Property Settlement with Churches and Religious Societies" Abstract I chose "Restitution titles according to the Act on Property Settlement with Churches and Religious Societies" as a theme of my thesis. The first part of the thesis contains a historical excursion, which describes the origin of historical property of churches and the process of settlement of church restitutions in the Czech Republic. Well-deserved space is devoted to the case law of the Constitutional Court, which has played an irreplaceable role in the process of church restitution. Another introductory topic is a description of an Act No. 428/2012 Coll., on property settlement with churches and religious societies. The law is not a pure restitution regulation, because in addition to the restitution of property to church legal entities, it also grants financial settlement, which leads to the complete separation of church and state. I deal with the basic principles of the law, the method of restitution and further financial settlement with church entities. We will find out who is the person obliged to transfer the original property of the churches and who is entitled to ask the transfer of the property. I also deal with the process of transfer agricultural and non-...
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Property Consequences of the Termination of Marriage, Comparison in German and Czech Law
Vrchotová Neumannová, Kateřina ; Zvára, Michael (referee)
The aim of this thesis is to summarize and analyze the concept of matrimonial property law with an emphasis on the consequences and possible measures if the marriage is reversed or terminated by divorce. In addition to the introduction of this institute in the Czech legislation, this work also deals with the legal regulation of matrimonial property law of the Federal Republic of Germany. The work is focused on the development of matrimonial property law after the private law recodification in the Czech Republic, altogether with setting the term into historical context and evaluating the influence of previous legal regulations. The historical introduction of the Czech and German legal regulations is followed by a chapter devoted to the issue of formation and termination of property relations between spouses in both countries. As divorce is the most common way of termination of marriage and property relations in both countries, special attention is paid to the consequences that spouses may be affected by, as well as to the options that can be chosen in the event of marriage and property relationships being lost during the life of the spouses. As a result, one of the chapters also lists property regimes that exist in addition to the statutory regime, thereby, in the Czech Republic a contractual regime...
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Associations and their legal regulation
Hanžl, Pavel ; Frinta, Ondřej (advisor) ; Zvára, Michael (referee)
This rigorous thesis primarily deals with the legal regulation of associations under the Civil Code effective from January 1, 2014, with a brief focus on the history of association law in the Czech, respectively Austrian legal environment, and in more detail on the transformation of civic associations into associations. This thesis addresses the possibilities of how an association can be founded, the rights and obligations associated with membership in an association and discusses the bodies of an association, especially the statutory body, the supreme body, the control commission and the arbitration commission. The individual chapters usually describe valid legal regulation and then analyse specific problematic issues, in which available opinions of legal doctrine and the observations of the author of this thesis are mentioned. This thesis is not only theoretical, but also gives examples from practice and describes the best possible ways of solving particular problems, thus is aiming also for readers outside the professional legal community.
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Personal injury/damage to life and its indemnification
Anderlová, Soňa ; Elischer, David (advisor) ; Zvára, Michael (referee)
Personal injury / damage to life and its indemnification Abstract This rigorosum thesis deals with compensation for pecuniary and non-pecuniary harm to health or life and its indemnification, while focusing mainly on compensation under the Act No. 89/2012 Sb., The Civil Code. The thesis starts with the historical excursion and the basic assumptions of liability for tort and continues through the description and evaluation of pecuniary and non-pecuniary damage's legislation to health or life in the Civil Code. It includes detailed analysis of individual claims, such as purpose fullcosts with health care, personal care costs of victims and theirs household, funeral costs or costs of maintenance for the survivors, as well as the evaluation of the legal regulation of pecuniary and non-pecuniary harm in the Labor Code and its comparation to the regulation in the Civil Code. This is always accompanied by the decision-making practice of the courts. The thesis is focused mainly on the compensation for pain and deteriorated social position, other pecuniary and non-pecuniary claims of the victim resulting from personal injury and compensation for the claims of person who are close to the victims and the concept of secondary victims and their compensation. The Decree No. 440/2001 Sb., Methodology for compensation...
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Contract for work focusing on structure as a subject of a work
Blaha, Martin ; Frinta, Ondřej (advisor) ; Zvára, Michael (referee)
Contract for work focusing on structure as a subject of a work Abstract The topic of this rigorous thesis is the legal regulation of a contract for work with a focus on structure as the subject of a work. Its aim is not only to provide the reader with a description of the obligation with the raising of problematic issues in practice, but also to try to answer them with the help of relatively extensive judicial decisions in cases where the explicit legislation is completely absent or unclear. The rigorous thesis is divided into an introduction, twelve chapters and a conclusion. The individual chapters are designed to make the reader think critically about the legislation chosen by the legislator, not only from the point of view of the letter of the law, but directly in relation to specific practical examples. When reading it, the reader will get acquainted in particular with the essentials of the contract for work, the manner of performance of the work, the issue of ownership of the construction work, the client's rights from defective performance or securing the contractor's obligations. Special attention is paid to the definition of the structure as a subject of a work, additional work, fulfilment of the contractor's obligation, or conversely, its cancellation by withdrawal from the contract and the...
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Pre-emptive Right
Posejpalová, Aneta ; Elischer, David (advisor) ; Zvára, Michael (referee)
The thesis deals with the theme of Pre-emptive Right focuses on private law legislation. In the last years more than ever, there is more attention payed to Pre- emptive Right legislation. The main core of this is statutory Pre-emptive Right of co- owners to co-ownership share, bacause of frequent and substantial changes in legislation. The thesis deals with the theme of Pre-emptive Right in its entire scope and deals with the general Pre-emptive Right legislation applicable to statutory and contractual Pre-emptive Right. The purpose of the thesis is to process the comprehensive topic of Pre-emptive Right according to the positive law. Part of the text is a comparison of current legislation with legislation contained in the previous Civil Code. Thesis also compares current legislation with German legislation and marginally with legislation contained in the General Civil Code. Introductory parts of the thesis include a basic characteristics of the institute of Pre-emptive Right in the theoretical legal level and a brief description of the development of Pre-emptive Right. Then there are selected questions of current legislation applicable into all types of Pre-emptive Right. The most extensive part of the thesis describes individual types of Pre-emptive Right, it is Pre-emptive Right in personam and...
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Share in a private limited company as a security
Zvára, Michael ; Černá, Stanislava (advisor) ; Štenglová, Ivanka (referee) ; Tomsa, Miloš (referee)
The final thesis deals with a share in a private limited company as a security. An introduction chapter is being followed by a chapter describing the historical development of the pledge over a share in a private company limited by shares and the securing ownership transfer on the current territory of the Czech Republic. The next chapter deals with the basic preconditions of a valid pledge contract over share. The transferability of a share, different rules for transfer contract and pledge contract and future pledge contract are being stressed. The new case law of the Supreme Court of the Czech Republic dealing with the pledge contract over shares is discussed. The following chapter inquires the problems regarding the registration of the pledge in the commercial register and protection of the good faith when dealing in trust in the data registered in the commercial register. The right to propose the registration of the pledge to the commercial register is examined. The author compares the protection of the good faith when dealing in trust in the commercial register and the land register in the fourth chapter. The possibility to acquire a pledge on a share from a non-owner and the possible acquisition of a share without any rights of third persons is considered. The possibility of acquisition of the...
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Discharge of a commercial contract in Czech and English law
Zvára, Michael ; Černá, Stanislava (advisor) ; Čech, Petr (referee)
-1- Abstract (in English) This thesis analyses discharge of a commercial contract, whereas attention is being paid to the initial impossibility and frustration of a contract. An introduction chapter is being followed by a chapter examining the importance of a case law for contract law in the Czech Republic and in England. Fundamental differences in perception of the case law binding character in Czech and English law are being outlined a also with regard to the new Civil Code importance of case in contract law is being stressed. The following chapter deals with the initial impossibility. A principle stating that each initial impossible performance is null and void is being examined with the emphasis to question, whether this principle is appropriate. Issues concerning the sale and lease of a future object are being investigated and the legal framework of the Czech Republic is being compared with the legal framework of Germany, Austria and England and also with the international documents of the contract law. The fourth chapter deals with frustration of contract. The historical development of the institute of frustration is described and attention is being paid to frustration of contract in the new Civil Code. In this chapter is on the background of legal framework of Austria and Switzerland pointed to the...
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The Selected Principles of Czech and English Contract Law
Zvára, Michael ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
(in English): The final thesis deals with the analysis of selected principles of the Czech and English contract law. The aim of the final thesis was to highlight common and different features of the Czech and English law based on the selected principles and simultaneously to illustrate the differences in legal reasoning between the two countries. The author describes the significance of the English law in the first chapter, followed by the chapter concerning formation of a contract in the Czech and English law. Attention is being paid to an offer, further analysis includes the possibility of revocation of an offer and the different approaches adopted to these problems in the legal frameworks of the Czech Republic and England. The author than proceeds to the description of acceptance of an offer, formation and conclusion of a contract and effectiveness of an acceptance in the case of distance dealing between the parties. Comparison with PECL and UNIDROIT is being made and the author concludes, that both the Czech and English contract law adopt the same solutions for an acceptance and conclusion of a contract, which, however, do not coincide with the rules laid down in PECL and UNIDROIT. Critical assessment of the provisions concerning the offer and acceptance in the Czech Civil Code Bill, which...
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