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Professional Ethics of Notaries in the Czech Republic
Raszyková, Hildegarda ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional Ethics of Notaries in the Czech Republic Abstract This diploma thesis titled "Professional Ethics of Notaries in the Czech Republic", aims to provide a systematic and comprehensive overview of this topic. Notaries in the Czech Republic are a crucial part of the legal system and thus are trusted by the public, emphasizing a strong focus on a high standard of professional ethics. This thesis is an excursion into the development of the notary profession, its principles, and the legal and statutory regulations that govern it. The thesis is organized into three main parts which are further divided into subchapters. The first part of this diploma thesis is dedicated to the topic of ethics and morality and to the connection of these philosophical disciplines with law. In this section, the areas of ethics that form the basis of contemporary professional ethics are outlined in detail. Additionally, the thesis discusses morality and, last but not least, the tripartite relationship between ethics, morality, and law. The second part of the thesis is focused on professional ethics and is primarily explaining this phenomenon, which is currently gaining importance, in detail. To properly introduce this topic, legal professions such as attorney, bailiff, and judge are selected. These professions are presented...
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Political context of nominations of justices of the Constitutional Court of the Czech Republic
Binhack, Oto ; Ondřejková, Jana (advisor) ; Chmel, Jan (referee)
The political context of the selection of the judges of the Constitutional Court of the Czech Republic Abstract The thesis deals with the political context of the selection of judges of the Constitutional Court of the Czech Republic. The research question is whether the Senate's rejection of the President's nominees is more a manifestation of political power or a corrective to the high moral and professional quality of the Constitutional Court judges. Along with this, the thesis examines whether it would be appropriate to change the current legal regulation of the selection of constitutional judges. The first part of the thesis initially summarises the previous academic reflections on the topic, which mostly pointed out the inappropriateness of the possibility of reappointing constitutional judges, together with the linking of their terms of office to the president's, and the somewhat haphazard approach of senators to the assessment of candidates. Furthermore, this part of the thesis contains a definition of the research question consisting in a narrow conception of politics in the sense of policy. The second to fifth parts of the thesis are devoted to the terms of office of individual presidents, with a review of their unsuccessful nominations to the Constitutional Court, although in the case of Václav...
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Ideal Law Graduate in the 21th Century
Kožoušek, Vít ; Urban, Michal (advisor) ; Chmel, Jan (referee)
Ideal Law School Graduate in the 21st century Abstract The thesis deals with the topic of the profile of a legal professional in the 21st century in connection with the recent technological advances in the legal services sector. The main goal of the thesis is to find out whether these technological advances in legal services delivery are sufficiently reflected in legal education, primarily in the Czech Republic. To fulfill this goal, the thesis uses mainly the methods of research, abstraction and document analysis, particularly in regard to scientific articles and other literature on the topic of legal technologies and their influence on the practice of law and the legal sector. The thesis first offers a brief overview of the professional values and skills typically associated with legal professionals, this overview is primarily based on the Anglo-American tradition and the McCrate Report. In the next part, the thesis describes some proactive characteristics of law - the author uses the term proactive to refer to the changes in law and its practice driven by the use of new technologies. The examples offered are primarily based on foreign sources. In the following part, the thesis deals with some reactions to these technological trends in legal education. Author classifies these reactions into several...
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Active communication of the courts in the field of presentation their decisions in relation to their media coverage
Novotný, Jan ; Chmel, Jan (advisor) ; Friedel, Tomáš (referee)
1 Active communication of the courts in the field of presentation their decisions in relation to their media coverage Abstract The thesis deals with the impact of communication activities of courts on media coverage of their decisions. Its premise is the idea of openness of justice, which can be interpretated as an effort to build and develop active and effective communication of courts with the public. However, the Czech high courts have taken very different approaches to this area, ranging from the open and active communication of the Constitutional Court to the passive and closed attitude of the Supreme Court. The thesis examines, among others, the nature of these differences and their impact on the way the media report on the decisions of the courts. The first chapter of the thesis attempts to analyse significant aspects of the active and open presentation of courts decisions and introduce its means and tools. It also examines the attitudes of domestic high courts on the issue, through the statements of their spokespersons in response to questions sent by the author. The second chapter focuses on the relationship between the courts and the media. It discusses its importance in today's society and analyses the pitfalls and risks that arise from it. It also looks at the factors influencing whether the...
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Marriage law and today's society
Král, Daniel ; Agha, Petr (advisor) ; Chmel, Jan (referee)
53 Marriage law and today's society Abstract The thesis focuses on the comparison of social advance in the context of family, pointing out the relatively rapid development towards equality and the reduction of stigmas associated with unmarried cohabitation. This societal development is then confronted with the existing legal framework, especially in the Czech Republic. This thesis attempts to point out the rigidity of the legal system and to identify certain injustices resulting from it for the addressees of legal norms. This thesis is divided into 4 parts. The first part deals with the concept of family and how this phenomenon is perceived in terms of sociology. In part two, the thesis focuses on marriage, with particular emphasis on delineating the problems associated with marriage. Part Three then describes marriage in terms of different schools of thought, where marriage is analytically confronted with questions of the meaning and function of its existence in legal orders. Finally, in the fourth part, different directions of legal regulation are presented that could ensure a more just and comprehensive regulation of matrimonial, and therefore family law, so that this regulation meets the requirements of today's society. Overall, the work focuses mainly on property rights, inheritance rights and some...
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Legal and Extralegal Factors in Argumentation and Decision-making of the Constitutional Court of the Czech Republic
Chmel, Jan ; Tryzna, Jan (referee)
Legal and Extralegal Factors in Argumentation and Decision-making of the Constitutional Court of the Czech Republic Abstract The thesis deals with the influence of legal and extralegal factors on the decision-making of the Constitutional Court of the Czech Republic. Particularly, it focuses on the questions of which preconditions for decision-making of the Constitutional Court are created by the external political and social environment, how this decision-making reflects the different attitudes and approaches of individual judges and how it is influenced by the composition of the judicial panels. The author first summarizes a wide range of factors whose influence on court decisions has been observed. These include not only the content of legislation, but also judicial philosophy, including activism and self-restraint, and various extralegal factors observed by the attitudinal and strategic model of judicial decision-making, but also by psychological and economic studies. Subsequently, the thesis focuses on the Constitutional Court of the Czech Republic. First, it deals with the preconditions for the influence of various factors on its decision-making and argues that the Constitutional Court can be considered a strong court due to its external conditions and its own decision-making activities. Then, with the...
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Professional ethic of advocates in the Czech Republic
Batalová, Pavlína ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional ethic of advocates in the Czech Republic Abstract This diploma thesis talks about professional ethic of the advocates in the Czech Republic. The paper consists of five chapters varying in the degree of abstractness, the further the chapter the more concrete. First chapter gives general introduction describing basic terms related to the chosen topic, here the aim is to understand not only these terms but also relations among them. General terms such as morals, ethic and law which are all defined and shown in their interconnection are the essential mainstays for this thesis. There follows the introduction of the professional ethic and ethical code. The second chapter deals with the history of advocacy starting from the very beginnings and ending with recent history since the fundamental milestones in the history of advocacy still influence the way we perceive advocacy nowadays, including its regulations and ethical rules. This trip to history shows development of advocacy beginning with the Roman speakers to today' s work of an advocate. The goal of this chapter is also to record historic relationship between ethic and advocacy. In the chapter that follows I write about today' s advocacy and origins of its legal regulations. I am interested not only in in the law about advocacy and ethic code but...
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(Not) equality between women and men in the legal system of the Czech Republic
Zděnek, Jiří ; Kosek, Jan (advisor) ; Chmel, Jan (referee)
v anglickém jazyce This thesis critically examines the current state of gender inequality in the Czech Republic with a focus on work, family life, and politics. The main objective is to identify the causes and consequences of these inequalities, and to evaluate whether and to what extent they are due to natural differences between men and women or to the influence of social constructs. Additionally, the role of law in relation to the redress of gender inequality is explored. The theoretical part of the thesis provides an overview of key concepts and theories related to gender equality and inequality, as well as a discussion of the development of gender equality legislation within international, European, and national law. In the empirical part of the thesis, a comprehensive analysis of various sources, including statistical data and opinion polls, is conducted to provide detailed insights into gender inequality in the Czech Republic. This analysis covers multiple areas, including income disparities, childcare responsibilities, political representation, and vertical and horizontal segregation. Furthermore, the thesis examines the social and cultural factors that significantly influence gender equality, which often fall outside the purview of legal frameworks.
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Professional Ethics of Attorneys in the Czech Republic
Bína, Felix ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional Ethics of Attorneys in the Czech Republic with a Focus on the Promotion of Attorneys In this Master's degree thesis, the author deals with the professional ethics of attorneys with a focus on possibilities of their personal promotion. This area of legal practice is somewhat neglected, despite the fact that attorneys, like other entrepreneurs, depend on sufficient number of clients in order to sustain their business activities. However, in the context of acquiring clients or offering their services, attorneys are forced to observe specific professional and ethical rules that to a certain extent limit their options compared to an ordinary entrepreneurs. This thesis is divided into three major parts. In the first one, the author briefly discuss ethics in general and his aim is to introduce to a reader this filosophical concept together with selected directions of normative ethics offering solutions of what is right. The author concurrently reflects on the fact whether ethical rules exist universally across societies and cultures or not, using selected knowledge from psychology. The second part focuses on interpretation of professional ethics both in general and in specific areas of professional ethics of attorneys. This section also contains in brief the basic information about legal...
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Judicial Ethics in the Czech Republic
Míl, Jakub Elliot ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
NÁZEV DIPLOMOVÉ PRÁCE V ANGLICKÉM JAZYCE, ABSTRAKT V ANGLICKÉM JAZYCE A 3 KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Title: Professional Ethics of Judges in the Czech Republic Subtitle: The role of social media in the life of a judge Abstract: This thesis focuses on the topic of professional ethics of judges in the Czech Republic with a focus on the role of social media in the life of a judge. It first outlines the concepts of ethics, morality and professional ethics of judges (prerequisites for the exercise of the office, duties of a judge in general, independence and impartiality of a judge, extra-legal aspects of influence on judges, the topic of corruption and judges' salaries, basic principles and their reflection in international law and the issue of incompatibility). In addition to defining and categorising social media (according to different approaches, in particular focusing on communication platforms and multimedia platforms), the thesis focuses on their positive aspects, their potential for education in particular, and also on their negative aspects (e.g. the impact on mental health); recommendations are also given on what can be chosen to reduce the risks associated with the use of social media. The thesis analyses the Czech codes of ethics for judges (the Code of Ethics of the Judges' Union of the Czech...
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