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Community of property and its seizure attachment
Maxa, Hubert ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Salač, Josef (referee)
The community of property stands out as a key institution of matrimonial property law, but at the same time it is a very specific type of common property; it is the community of property that gives the marriage an indispensable property basis after all. The establishment and subsequent building of a family background simply cannot be done without property. The civil law tries to strengthen the security of the spouses in the area of property in every possible way, in particular by the broadness of the concept of community of property. In the name of marriage, all assets acquired by one or both spouses during the marriage fall within the scope of the community of property, with the exceptions expressly provided for by law. However, during the marriage, the spouses do not only acquire assets but also enter into obligations which give rise to debts. Whether the debts are debts common to both spouses or only of one spouse, they can often be satisfied by means of the marital property. The attachment of the spouses' community property means a more or less substantial interference with the matrimonial property base. The legislation therefore seeks to respond adequately to this phenomenon, and therefore differentiates between the various debts in order to protect the community property or the non-debtor...
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Liability for damages caused by wild animals
Maxa, Hubert ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Liability for damage caused by game The damage liability poses the key and complex issues of civil substantive law with some aspects not yet properly investigated. The civil liability may have various forms and it demonstrates in a whole range of social relationships, which the doctrine tries to reflect by its systematisation and categorisation. In this respect, for damage caused by animals as special entity presents a specific case liability. Damage caused by game can be considered as special case mainly as the harmful agent is a living organism, of which the behaviour cannot be predicted to a certain extent. Since 1 January 2014, however, the civil-law regulations take the liability for damage caused by animals explicitly into account and assume that the persons responsible should be the owner of the respective animal or the actual holder. The concept of the liability is based on the owner or holder being aware or related risks and hence acting in a way preventing the animal to cause damage. While the Civil Code effective from 1 January 2014 regulates the liability for damage caused by animals that is owned by somebody and hence compensates the deficit of previous regulations, the liability for damage caused by game is very problematic and not regulated sufficiently; damage cause by game poses...
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