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Carpooling in the light of private and public law
Müller, Tomáš ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Carpooling in the light of private and public law Abstract The thesis deals with legal aspects of carpooling across the spectrum of the law of the Czech Republic. Due to carpooling not being a legal term, the thesis itself defines it as a phenomenon when multiple people are traveling simultaneously by one road transport vehicle, under the assumption that the transport is not being provided on a commercial basis. The thesis also describes the differences between carpooling and commercial transport of persons. As far as public law is concerned, the thesis discovers which areas of administrative law apply to carpooling and what consequences arise for the subjects concerned. This involves the regulation of road transport and road traffic in particular. The description of tax implications is also included. Furthermore, the thesis deals with criminal and administrative liability. The focus, however, is on private law. After an exploration of the legal history of transport of persons, the thesis answers the question whether or not contractual obligations arise from carpooling and inspects the elements of the contract along with the rights and duties of the parties. International aspects are taken into account - the thesis studies direct legal norms as well as rules governing conflicting laws. The centrepiece of...
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Legal issues of gametes in relation to assisted reproduction
Stieranková, Aneta ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
66 Abstract Legal issues of gametes in relation to assisted reproduction The thesis deals with the issue of assisted reproduction with a specific focus on gametes and some issues that are associated with them. In order to better understand contradictory opinions and views on a particular issue, the Czech legislation is compared with the British legislation. Then, in each individual case, it is assessed which country has dealt with the problem better, using a comparative method. The introduction of the thesis deals with assisted reproduction in general, especially from the point of view of definition of the concepts and historical development of this issue. Subsequently, the basic legal framework for assisted reproduction is defined both in the Czech Republic and the United Kingdom. Briefly, there are also summarized the most basic requirements for gametes donors in both countries. In terms of specific problems related to gametes, much of the work focuses on the anonymity of sperm donors, in particular summarizing the most important arguments of its opponents and subsequently refuting these arguments. The conclusion of this chapter submits why, in my view, the anonymity of sperm donors should be maintained. The next part is devoted to financial rewards for donation of gametes, their admissibility and amount....
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The conception of maintenance obligation in civil law
Uhlířová, Kristýna ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 [The conception of maintenance obligation in civil law] Abstract The thesis aims to clarify the concept of maintenance obligation in civil law. The thesis consists of an introduction, ten main chapters and a conclusion. In the introduction, the thesis concern with the definition of basic concepts that are important for the issue. The development of the regulation of maintenance obligations in our territory in the historical context is discussed in detaily in the main chapters. The main conslusion of the thesis is that there are many significant milestones that have pushed forward developments in the area of maintenance obligations. In respect of the historical development of the legislation, attention is paid to the maintenance obligation contained in the General Civil Code (ABGB), the Food Act, the Family Law Act, or the Family Act. The work also does not forget the current legislation according to the new Civil Code, effective from 2014, the other legislation that also deals with the issue of maintenance obligations or the case law. The thesis is also intended to bring readers closer to the concept of maintenance obligations with respect to family protection, including the international level. The thesis in its main part analyzes the individual types of maintenance obligations and draws attention to...
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Superficies solo cedit
Doležal, Tomáš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Superficies solo cedit The topic of the presented diploma thesis is the principle of superficies viewed from its historic development and its place in current law. The principle stipulates that whatever is found on a land or has arisen from it, becomes parts of it. The superficies principle has been in employment since ancient Rome and has been reintroduced in our legal system after the recodification of private law in 2012 The thesis begins with the historical development of the superficies principle not only in Roman law, but also in the Czech lands, especially with its 1811 AD codification in AGBG. The historical development is followed by a brief description of the departure from the superficies principle following political and societal changes in post-war Czechoslovakia. The denial of the superfecie solo cedit principle survived until the recodification of private law in 2012 by act n. 89/2012 Sb, of civil code. The core part of the thesis analyzes the superficies principle in the Civil Code and related statutory instruments, especially those regulating the cadastre problematics, as this area is most impacted by the principle of superficies. Based on a theoretical explanation of the superficies principle, the thesis presents some practical impact of its application on the cadastre and its...
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Legacy
Zachara, Radim ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Legacy Abstract This thesis examines the issues concerning a bequest, as a concept in inheritance law according to Czech legislation contained in Act No. 89/2012 Sb., the Civil Code. The reintroduction of the bequest to Czech inheritance law occurred after more than 50 years, so this concept is relatively unknown to the general public. A bequest that is governed by the principle of singular succession is a departure from the fundamental principle of inheritance law in the Czech Republic, namely universal succession. The restoration of this traditional concept of inheritance law brings many issues, both in theory and application, to which this thesis endeavours to find answers and point to weaknesses in the legal regulation. In this thesis, the historical interpretation in the parts dealing with the legal regulation contained in the legal regulations preceding the current Civil Code was used in particular, starting with the Roman-law legislation, through the medieval inheritance law to the general Civil Code, the government's draft of the Civil Code of 1937 and of the Civil Codes after the February 1948 Revolution. Due to the continuity of the current legal regulation from the General Civil Code and the Roman-law legislation, the thesis incorporates a comparative method where appropriate. In the de lege lata...
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Residential lease
Vokounová, Michelle ; Thöndel, Alexandr (referee)
Residential lease Abstract This thesis aims to analyze the legal aspects of residential lease. This is a continually developing issue, which is dynamic in form both in the doctrinal sector and case law. Its specificity lies in the protectionist nature of the weaker party for which the lessee is generally considered. Since 1. 1. 2014 the enactment of Act. No. 89/2012 Coll., the Civil Code, as amended, there has been a significant balance of rights in certain aspects related to the residential lease, especially in the available options for termination of lease. Given the fact, that the said code is relatively new, the thesis also contains a comparison with the previous Act No. 40/1964 Coll., the Civil Code, as amended. This thesis does not neglect to look at German legislation, when looking for a foreign adaptation, it focuses on institutes close to national law and attempts to make some comparisons between the two. The work itself is divided into six chapters. The first chapter deals with the general legal arrangement of the lease. The individual conceptual features of the lease and the related institutes will be discussed here, and sources are presented in the form of law or case law. The second chapter is focused specifically on the residential lease. The new concepts that the Civil Code has brought about...
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Contractual penalty
Kmoníčková, Klára ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Contractual penalty The theme of this thesis is the contractual penalty. The contractual penalty is an ancient institute, a similar legal instrument was already known in Roman Law. In our territory an equivalent of the contractual penalty can be already found in municipal law in the 16th century. The fact that contractual penalty has been used for such a long time illustrates its doubtless importance and its necessity for Law of Obligations. Nowadays contractual penalty still plays an important role and it is frequently used in contracts. The aim of this thesis is to analyse current legal regulation of the contractual penalty in the Czech Republic, including the relevant case-law and literature. The purpose is also to point out the difference in opinions about some particular issues or practical problems. The thesis focuses primarily on amount of the contractual penalty and a discretionary power of a judge to reduce an excessive contractual penalty. The thesis does not forget to deal with other topics relating to the contractual penalty. This thesis consists of 11 Parts, some of these Parts are divided into the Chapters or Points. The thesis summarizes a historical development of the contractual penalty in its first Part. The second Part of the thesis concerns with a systematic classification of...
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Security Interest in Real Estate
Peringrová, Klára ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This thesis analyses Security Interest in Real Estate. The thesis is structured into 11 chapters. In the initial chapters, it deals generally with securing and subsequently the pledge in which the pledge concept and history, the legal regulation sources and the function of pledge are introduced to make the reader acquainted with the context necessary. In the following three chapters, attention is paid to the defining features of pledge, i.e. the definition of collateral (with a focus on immovable property), pledges and secured debt. A considerable space is devoted to the creation of pledge, where the author analyses the titles for the creation of pledge, which are an agreement, a decision of a public authority and a statute. This chapter further provides an overview od pledge creation modes. The modes are dependant on whether pledge on real estate registered or not registered should be established. Considering the growing of legal relations digitalization, electronic contraction is also elaborated on. Since the life of the pledge is not limited to its creation, (eventual) execution and extinction, chapter Seven also deals with the rights and obligations of pledges. Chapter Eight analyses the exercise of pledge, as being the fundamental part regarding the changes adopted in Civil Code. The chapter...
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Legacy in law of succession
Svoboda, Martin ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The present thesis discusses the legislation of an ancient and new-old institute of inheritance law, legacy. Legacy was in the Czech legal environment in the 60's of the last century as a traditional institute of inheritance law, allowing the testator wide opportunities of acquiring his property mortis causa. With the effectiveness of the Civil Code No. 40/1964 Coll., that released its regulation, completely disappeared from the public's legal awareness. The topic of the legacy became recurrent in connection with the recodification of private law, because adoption of Civil Code No. 89/2012 Coll. caused a return of legacy to the Czech law. The specificity of the legacy is its disruption with universal succession, which is otherwise typical for inheritance law. The main objective of the thesis is to evaluate the legacy and to conclude about the quality of the current legislation and its usefulness for legal practice. The secondary objective is to acquaint readers with the legacy and define its position in the legal environment. For the interpretation is chosen a procedure that goes from general to specific, which corresponds to the content layout of the thesis. The first part of the thesis deals with an analysis of the legacy as a whole and its differentiation from classical inheritance as well as...
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Elektronic identification of persons in private law relationships
Dvořáková, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Electronic identification of persons in private law relationships Abstract This diploma thesis deals with the topic of electronic identification of persons in private law relationships. It defines all types of electronic identifiers, which can be used in private law relationships by both legal entities and so natural persons. This paper summarizes the young and not for long used legislations. This legislation is not often used in practice and for that reason it has the only commentary. The case law for this problematics is also lacking and that is why it could not be used as one of the sources, despite that it is in many cases one of the most used and valuable sources. This thesis analyses not only the legal aspects of the electronic identification, but also the technological aspects, which it tries to explain even to the readers, who can be absolutely untouched by the world of information technology. At the same time this diploma thesis provides instructions for potential users of instruments of electronic identification, who can be distrustful and insecure of its first time user experience. The minor part of this thesis deals with the history of electronic identification. This section is not extremely extensive due to the fact, that history of his phenomenon goes only about hundred years to the past. The...
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