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Separate property regime
Jiroušková, Šarlota ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
56 Separate property regime Abstract The submitted thesis deals with the analysis of the institution of the separate property regime. The aim of the thesis is to elucidate the origin, essence, and limits of the agreement establishing the separate property regime in the context of the legal regulation of Act No. 89/2012 Coll., the Civil Code, including mentioning the significant legal effects of this agreement in enforcement and inheritance proceedings. For a more comprehensive view of the issue, the legal effects of the agreement are also reflected by comparison with the basic effects of the statutory regime in specific life situations. The achievement of the goal is presented in six chapters. The first chapter introduces the concept of marital community property as the starting point of the work, its origin, basic characteristics, and components, including a brief introduction to exceptions establishing a different moment of (potential) creation of the marital community property, with emphasis on the agreement on the separate property regime contract. The second chapter presents the inclusion of the agreement on the separate property regime into the systematics of marital property law in the Civil Code within the contracted regime, alongside the statutory regime and the regime established by a court order....
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Acquisitive prescription, with special emphasis on extraordinary acquisitive prescription
Fischer, Kristián ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
Acquisitive prescription, with special emphasis on extraordinary acquisitive prescription Abstract The topic of the thesis is the traditional private law institution of acquisitive prescription. Although acquisitive prescription has not lost its significance even after the recodification of private law (on the contrary, it has acquired a new meaning in many respects), recent sources do not pay due attention to it and many secrets of acquisitive prescription remain unknown, which this thesis seeks to remedy. The thesis is therefore conceived as a comprehensive treatise on acquisitive prescription, touching upon various aspects of this institution and bringing new insights into the subject. In short, the work is not intended to be a mere compendium of notorieties. The work specifically discusses the historical development of acquisitive prescription, which provides some timeless conclusions. There is also an analysis of the prerequisites for acquisitive prescription under the current Czech Civil Code: the individual passages discuss possession and the quality it must achieve to lead to acquisitive prescription, as well as the rights that can be acquired by prescription, the subjects of acquisitive prescription and the acquisitive prescription period. The work is not based only on a general description but is...
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Contractual Retroactivity
Vláčil, Jan ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
Contractual Retroactivity Abstract There are contracts which set down that their effectiveness occurred before their perfection and validity. It prima facie seems that we may call this legal phenomenon as "contractual retroactivity". However, this topic has not been discussed much yet because there are only seven very short articles devoted to the phenomenon in question. This master thesis has two main aims: 1) to define contractual retroactivity, 2) to demarcate the legal circumstances under which contractual retroactivity is allowable. A legal definition of contractual retroactivity should consist of the legal aspects of this phenomenon. So, the relevant legal institutes (such as: a contract and contractual consequences in law, a perfection, an effectiveness, a retroactivity etc.) were identified, described and case- law was recapitulated in the first part of this thesis. This approach provided, among others, three main conclusions. A contract can be generally defined as "a multilateral binding legal act". The function of contractual retroactivity is to determine time applicability of contractual consequences in law. This is achieved through a legal fiction which feign that effectiveness occurred before perfection and validity. Then, many potentially retroactive legal institutes were analysed (such as: a...
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Human's image and privacy in the media
Šťastný, Adam ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
1 Abstract "What unites the Czech and French legal regulation of the image and privacy of the human being and how do they differ from each other?" This is the research question of this thesis. Based on the answer to this question, the thesis further describes whether the Czech legislator can draw inspiration from its French counterpart in this area. In addition, the aim of the thesis is also to evaluate the correctness or incorrectness of the three hypotheses. These are formulated as follows. First, the methods of protection and means of legal defence of natural persons differ in the Czech Republic and France according to the type of media in which the information was published. Second, the French legal regulation sets out the conditions for the capture and sharing of image in greater detail than the Czech one. Thirdly, the Czech legislature has not introduced extensive changes to the legislation in response to the development of the so-called new media. In the initial chapters, the thesis recalls important historical milestones in the protection of the personality rights, followed by the setting of the issue in the international legal and constitutional framework. The distinction between monistic and pluralistic conceptions of personality right(s) is not omitted. The thesis focuses on the relationship...
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The Legal Regulation of Package Travel and the Impact of the Coronavirus Epidemic on It
Šlechtová, Klára ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
1 The Legal Regulation of Package Travel and the Impact of the Coronavirus Epidemic on It Abstract The thesis deals primarily with the Czech private law regulation of package tours contained in Act No. 89/2012 Coll., the Civil Code, with an overlap into Act No. 159/1999 Coll., on certain conditions of business in the field of tourism and amending Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 455/1991 Coll., on trade business (Trade Licensing Act), as amended. Due to the fact that this is a fully harmonised area of law, Directive (EU) 2015/2302 of the European Parliament and of the Council on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC is also analysed. Particular emphasis is placed on the interpretation of certain provisions with regard to the epidemic of the covid-19 disease and its impact on the package travel market, through an analysis of the academic literature and recent case law. Attention is also paid to Act No. 185/2020 Coll. on certain measures to mitigate the impact of the SARS CoV-2 coronavirus epidemic on the tourism industry. As the name suggests, this act was enacted to mitigate the impact of the CoV-19 epidemic on tour...
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Set-off of claims
Kuceková, Martina ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
- Set-off of claims The topic of this diploma thesis is the analysis of the institute of set-off of claims. The thesis deals with valid regulation. Set-off of claims is one of the most common method of extinguishing liabilities, while the extinguishment of liabilities by set-off can only by certain conditions. The diploma thesis is primarily based on commentary literature and case law, using actual case law and also older case law, which is still valid today. The aim of the thesis was to create a comprehensive overview of the institute of set-off of claims and to point out some problematic areas. The first chapter deals with the essence of set-off, especially prerequisites and admissibility. The chapter enumerates the individual conditions that the claims have to meet in order to be set off. These conditions are explained in more detail in the thesis. It is a necessary basis that must be known for the application of the set-off of claims institute. That is the basis for application in civil law as well as for application in other branches of law. For example in company law or bankruptcy law. The next chapter deals with the set-off itself, i.e. how mutual claims are extinguished, in which moment the claims are extinguished and what are the effects of the set-off of claims. It is the most...
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Damage resulting from operating activities
Voříšek, David ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
Damage resulting from operating activities Abstract The thesis is devoted to the factual basis of damage from operational activities under the provisions of Section 2924 of the Civil Code, as a special legal regulation in relation to the general regulation of the obligation to compensate for damage. Firstly, the thesis explains in detail what is meant by operational activity itself, while it is disputed in the doctrine whether its features also include an increased risk of damage. This is followed by a thorough analysis of the case-law, from which criteria are derived to determine whether or not the damage is caused by an operational activity. On the basis of these criteria, a test for operating damage is defined, which represents a thought process that should help in making this determination and thus establish a uniform and more predictable procedure than is currently the case, where individual judges approach this determination in very different ways. It has also emerged from case law that courts, including the Supreme Court, although stating the opposite in some decisions, do not consider an increased risk of damage to be a mandatory feature of operational activity. Secondly the thesis addresses the question of what type of legal liability is involved. Although the doctrine for the most part leans...
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Reservation as to estate inventory in inheritance law - key topics
Pavlíčková, Anežka ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
Reservation as to estate inventory in inheritance law - key topics Abstract This thesis addresses selected issues of the reservation as to estate inventory in probate proceedings, specifically the limitation of the heir's liability for the decedent's debts. The issue was addressed in historical contexts and under the currently valid institute of the reservation as to estate inventory. The introduction of the thesis deals with the historical development of the institute of the reservation as to estate inventory, then pursues the issue from Roman inheritance law, through medieval development, Patent No. 946 Civil Code of Emperor Franz I (ABGB), and covers changes in the 20th century, namely the political influences of the communist regime in inheritance law of Act No. 141/1950 Sb., as well as a comparison with the Civil Code of 1964. The thesis includes the current news and benefits brought by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. Furthermore, this paper covers a comparison with Austrian inheritance law, particularly in the area of liability for...
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The status of transgender persons in civil law
Reck, Martin ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
The status of transgender persons in civil law Abstract The thesis focuses on the legal regulation of gender reassignment in the Czech Republic, both in terms of civil law and constitutional law. The thesis initially focuses mainly on the correct definition of important terms and their essential meaning. Attention is paid not only to transsexuality itself and its forms, but also to related conditions such as intersexuality and transvestitism. After discussing the human rights foundations of gender reassignment, the thesis briefly discusses the historical genesis of the legal regulation of gender reassignment. This is followed by a description of the currently effective legislation, including its shortcomings with regard not only to domestic law but also to the Czech Republic's international obligations under international human rights treaties. In this area, the greatest emphasis is then placed on the decision-making of the European Court of Human Rights, which is more advanced than Czech national courts in this area. Apart from transsexuality and the process of gender reassignment, the thesis also focuses on the opposite phenomenon, namely detransition. This topic is often neglected, even though it is a topic essentially inseparable from gender reassignment and offers many interesting legal issues. The...
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