|
|
Testamentary succession
Pospíchal, Jiří ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The law of succession has been changed a lot by enacting the new Civil Code in many ways but its main purpose is still to regulate the succession of inheritance from testator to heirs and related problems. This thesis makes an analysis of testate succession, which is one of the three possibilities of inheritance succession. The second is an intestate succession, which applies in the situation, when testator did not wrote last will. The last possibility is a contract between testator and heirs distributing inheritance between the latter. This contract has bigger legal force than last will and intestate succession is used, if there is none of them. The thesis consists of five chapters. Chapter One provides a brief introduction to history of the law of succession in our territory and presents the purpose of the thesis. Chapter Two deals with the questions common to the whole law of succession, it is divided in three subchapters, which talk about the main principles of the law of succession and legal rules regulating it and also about preconditions of succession, which include death of testator, subjective law of succession, existence of inheritance and legal ground to the succession. It also names possibility of heirs to reject inheritance. Chapter Three is concerned with the main theme of the thesis, which is...
|
|
|
Loss of chance theory and possibility of its application in the Czech Law
Korejzová, Jitka ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The aim of this work was to introduce the loss of chance theory, to research its theoretical grounds and to find out whether it would be possible to apply the theory in the Czech law system and whether such application would be beneficial. Since the theory was first applied in common law system, I have decided to use some cases from the past and show the way the theory evolved and how the courts justified its application. Reflecting on cases from various jurisdictions I tried to point out the variety of possibilities of its application not only in health care law, but also in other areas of law. I have concentrated my attention mainly on argumentation of courts - not only those, who assented, but also to those refused the concept. The theory is related to liability for damage and issue of proving the casual link, which are both subjects of research of other theories as well - e.g. theory of adequate cause, proximate cause theory and mainly proportional liability issue, which shares some common aspects with loss of chance theory. These theories offer help with evidence in complicated cases, where classical approach to issues of causality would lead to an ineffective and possibly unjust solution. In international context it is interesting to learn how the European Court of Justice applies the theory....
|
|
|
Methods to acquire an apartments in ownership
Pítrová, Julie ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the methods to acquire apartments in ownership. In the introduction, the paper deals with the theories of residential property and the ways in which the ownership of apartments is understood in selected international treatments. The main part of the paper focuses on the different methods to acquire ownership rights on a residential unit, both in the original way, i.e. acquiring ownership on after construction, and in the derivative way, mainly on the basis of contractual relations. The next part of the thesis deals with the interpretation of cooperative apartments, including their origin and development in a historical context, focusing on the problematic of the acquisition of ownership rights to cooperative apartments. The practical part includes an interpretation of acquisition of ownership of an apartment by the shareholders of a legal entity established for the purpose of acquiring apartment buildings and renting the apartments to the shareholders, even though it is not a housing cooperative. With regard to the adoption of a new Civil Code, the conclusion dedicates space to the new legislation and the impact of the Civil Code will have on the housing laws, including a highlight of the changes that will take place once the new Civil Code comes into effect. Key words:...
|
|
|
The Development of Czech Law of Inheritance in Respect of the Autonomy of Testator's Will
Novák, David ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
S u m m a r y The goal of this thesis is to analyse the autonomy of the testator's will in the development of the Czech law of inheritance. The text is divided into nine chapters including introduction and conclusion. In the introduction there is defined the subject of the paper. In the first chapter readers may find the definition of the law of inheritance from different points of view and in different meanings. The basic legal principles of the law of inheritance are enumerated and described in respect of the topic. Then there is a brief recapitulation of the sources of the law of inheritance in the area of the present Czech Republic from 1811 until present in the last section of this chapter. All possible ways, how the testator can express his will, are generally described in the second chapter. There are mentioned legal tools of the testator's will for example testament, legacy, contract of inheritance, donation by cause of death, disinheritance, succession, conditions, directions etc. The principles and base of the above mentioned tools are given, as well, but mostly in the next chapters, where is described legal regulation of particular legal institutions in historical context. The following five chapters provide complete information about how every institute of the law of inheritance worked important...
|
|
|
Consequences of the Defective Legal Acts in Private Law
Bičovská, Kateřina ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
in English The thesis analyses the consequences of the defective legal acts in the private law, as an issue of interest especially in the light of the new changes to be introduced by the New Civil Code in effect as of 1 January 2014. Above all, the thesis analyses the conception of the "defect" of the legal act, i.e, what constitutes the defect within the terms of the law, in the civil law and in other main private laws, such as commercial law, labour law and family law. Further, the thesis deals with the question by which consequences shall be the said defect penalized. In particular, the introductory part of the thesis contains an analysis of the legal act under the current Civil Code as well as under the New Civil Code. The next in line is review of the consequences of the defective legal acts under Civil Code, Commercial Code, Labour Code, Family Law and New Civil Code. The selected consequences of the defective legal acts under French Civil Code are also covered by the thesis. Finally, the outcomes of the analysis are summarized and interpreted.
|
|
|
Studium celogenomové variability lidského cytomegaloviru.
Dvořák, Jan ; Tachezy, Ruth (advisor) ; Roubalová, Kateřina (referee)
This work is part of a project focused on the study of the variability of human cytomegalovirus (HCMV) among clinical isolates with the aim to map the geographical distribution of HCMV genotypes, reveal the relationships between genotypes and the severity of HCMV-associated diseases, and identify regions in the HCMV genome with a potential for use as diagnostic and therapeutic targets. Attention was paid to the development of the methodology for the preparation of the material for next-generation sequencing (NGS) from HCMV clinical isolates and evaluation of the obtained sequencing data. Blood and urine samples collected from hematopoietic stem cell transplantat recipients and congenitally infected children were analyzed. Samples suitable for NGS were sequenced by the Illumina platform and sequences were created by de novo assembly followed by mapping assembly. Urine samples in comparison to blood samples had higher yield of material for NGS. Of the samples positive for HCMV DNA (7 of 50) after amplification in the cell cultures, only one sample had high purity of the viral DNA (98%) while six samples had purity of less than 7%. The sample containing 98% of the viral DNA was fully sequenced and the sequence was compared to the sequences of other clinical isolates from Belgium in 11 polymorphic...
|
|
|
Assessment of informetric, bibliometric and scientometric methods as a tool for support and evaluation of research in European context
Boudová, Lucie ; Papík, Richard (advisor) ; Sklenák, Vilém (referee) ; Dvořák, Jan (referee)
This thesis is concerned with the topic of research evaluation by bibliometric methods at European level. European level is defined in two perspectives: first as a set of countries grouped in EU (and its historic predecessors), second the Framework Programmes were appointed as a representative of pan-European research. It is investigated how bibliometric methods are used in a research development and evaluation on both political and academic level. The thesis maps the history of use of bibliometric methods and indicators in great detail and it analyzes the aim and impact of such use. The rationale of use of those methods as well as the enablers such as availability of data are investigated. An experiment of constructing and analyzing the set of relevant data is pursued to assess the relevancy and feasibility of such analysis. Based on the findings the thesis summarizes the options and opportunities of bibliometrics as a method for formation and evaluation of European research.
|
|
|
Assignment od Contract
Zach, Tomáš ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Assignment of Contract The purpose of this master's thesis is to analyze the assignability of contracts under Czech law in the light of comparative, historical and theoretical aspects of this phenomenon. Relevance of this subject matter was recently highlighted by adoption of the new Czech Civil Code, which expressly authorizes this operation but leaves important issues open to interpretation. The thesis is composed of an introduction, two main parts and a conclusion. First two chapters of the first part deal with historical development of this legal concept. In the roman law, a contractual obligation was conceived as a "bond of law" (iuris vinculum), which implied a strictly personal nature of this relationship. However, this view started to change as soon as the roman economy shifted from agriculture towards trade and business, resulting in assignability of a contractual right. In the codification era of the 19th century, the concept of a delegation of contractual duty came in, establishing a theoretical foundation for the assignment of contract as such. The third chapter moves our attention to the modern times, focusing primarily on the assignement of contract in various European countries, United States and Japan. The emphasis is put on the theoretical discussions this legal concept has seen in...
|
|
|
Superficies solo cedit
Gabrielová, Andrea ; Dvořák, Jan (advisor) ; Elischer, David (referee)
SUPERFICIES SOLO CEDIT English Abstract Andrea Gabrielová The topic of my master thesis is represented by an ancient roman principle called superficies solo cedit. This principle is gowerning the ownership of the land and is closely linked to the legal institutes as component parts, immovables, the right of superficies.. According to this principle, buldings and plants form part of the main legal object, which is land the superficies solo cedit principle leads us to the ancient Rome, which has been giving complex legal base to the current continental system of law untill nowadays. Therefore I dedicate my first chapter to the origin of the principle in roman law. Second chapter is dedicated to the ABGB Code, which is basicly inspired by roman law and as itself is the main source of the new Civil Code Nr. 89/2012 Sb. New civil code is the core of this thesis. Above all because it reestablished the superficies solo cedit principle and after many years brought it to life. Reestablishment of the principle has uncountable consequences not only in the area of private law. The most important consequence brought to the frame of private law is the unification of the legal régime of constructions and land.
|
|
|
Responsibility for the debts of the testator
Tremlová, Renata ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
- The work outlines the general and practical issues of liability for the debts of the deceased - the heirs or he state of testator's property, which is subject to inheritance proceedings. The goal of any proceedings of legacy is especially good and if it's possible fast final end and the best satisfaction of testator's creditors and the related issues especially those, who bears the responsibility of testator's debts. - After a general summary of responsibilities, the work focuses on the precise description and analysis of the trasition of responsibility for debs of testator to his heirs or to the state and opting out of this responsibility and payment of reasonable costs of testator's funeral and debts of the inheritance procedures, which are conclusion of the abandonmen of indebtedness heritage to creditors to pay their debts as the deceased and also the disposal of the heritage. - General treatises are supplemented by practical examples and a comparison with treatment in the General Civil Code, the Middle Civil Code, the upcoming Civil Code and Civil Code in Östereich. Individual types of the liability fot testator's debts are discussed in detail, summarized the advantages and problems, bringing each of the possible inheritance practices, its end and the acceptace of the responsibility. - The...
|
guest ::
RSS feed.