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Unjust enrichment in the Czech legal order
Pilík, Václav ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
Václav Pilík. Unjustified Enrichment in the Czech Law. PhD thesis 1 Abstract This PhD thesis explores the legal institution of unjustified enrichment in the Czech private law. The subject is dealt in larger historical, theoretical and partly comparative relationships in order not to be reduced only to internal problems of the national regulation. A general view of unjustified enrichment (part one of this work), providing a systematic introduction to the problem, is hinder by different approaches, their overlapping and largely opened discourse on conceptual questions. Despite all that difficulties, found out by comparative legal studies of unjustified enrichment in the civil law and common law systems, it is necessary to undergo an attempt at expression of common features of the unjustified enrichment as a legal concept. Supposing that, we can describe three common features of unjustified enrichment: it is enrichment obtained at the expense of another and in a lawless way; the modern legal institute of unjustified enrichment rests on fragmentary historical basis, substantially completed by national factors of legal development (legislation, justice and doctrine); the enrichment is viewed as objective fact (at least in certain states of facts). Legal development of unjustified enrichment runs differently in...
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Protection of personality in a Czech-German comparison
Zahořová, Eva ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
The Ph.D. thesis called "Protection of personality in a Czech-German comparison" applies to, as the name indicates, a comparison of legislation examined in two jurisdictions. The aim of the thesis is certainly not a statement that one of the legislations is "better" than the other, but to determine whether and how the Czech and German legislation differ or how similar are the rules in both countries. The first part of the thesis is devoted to sources of law and aims to compare the rights of personality in both jurisdictions. In addition to national sources of law (with emphasis on private law) international treaties are mentioned. With regard to the treaties it can be concluded that although the Czech Republic and Germany are not signatories to the same contracts this difference is not significant for the purposes of the protection of personality. The wide content-overlap and considerable generality of the treaties causes that identical rights are protected in both countries. In the area of domestic sources of law it can be clearly stated that the German constitution plays more important role in its country than the Czech constitution in the Czech Republic. This is primarily due to the fragmentation of German legislation and the desire to overcome this inconsistency, but also the important position...
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Statutory inheritance
Rutar, Radka ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Petr, Bohuslav (referee)
Statutory inheritance Abstract This thesis discusses the legal regulation of inheritance law with emphasis on the institute of statutory inheritance, from the point of view not only of Czech law but also in comparison of the individual legal institutes with their foreign regulation. The aim of this thesis is to answer the question whether the current Czech legislation can provide a prudent, safe and predictable framework for the valid adjustments of property relations of the decedent and the participants of the inheritance proceedings after the death of the decedent The submitted thesis is structurally divided into three larger parts which further separate into a total of fifteen chapters. The first part of the thesis briefly discusses the gradual historical evolution of inheritance law and its codification on the territory of Czech lands and of historically related countries. The first part also includes the introduction of the purpose of inheritance law and its controlling principles, formulated at the beginning of the 20th century by the outstanding Czech lawyer Prof. Emanuel Tilsch. The individual institutes such as statutory classes of heirs, forced heirship or escheat are logically organised and described in detail from a historically-comparative perspective as well as from the perspective of foreign...
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Ownership of real estate
Cemper, Aleš ; Salač, Josef (advisor) ; Elischer, David (referee) ; Petr, Bohuslav (referee)
Even though we may not realize it, immovables are all around us. Because immovables are usually considered very valuable, ownership of real estate is examined more comprehensively in comparison to other things. Therefore, the laws of different states pay detailed attention to ownership rights and real estate. The same applies to the Czech Civil Code which came into effect as of 1 January 2014. This thesis is focused on a general explanation of ownership rights and immovables. Furthermore, it focuses on the theoretical analysis of the most important changes and developments that relate to real estate ownership rights brought about by the new Civil Code as well as on the consideration of the practical impact of these changes on legal relationships. Within the framework of these particular topics, the thesis refers to court decisions issued prior to the new Civil Code becoming effective, which are, in the author's view, also applicable to legal relationships established under the new civil rules. The basic principles of the operation of the Real Estate Register are also the subject of this thesis because the registration of the ownership rights of the majority of immovables in such a public register is necessary.
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Protection of property rights in the decision-making practise of courts in the Czech Republic
Pažitný, Michael ; Salač, Josef (advisor) ; Plecitý, Vladimír (referee) ; Petr, Bohuslav (referee)
The dissertation titled "Protection of property rights in the decision-making practice of courts in the Czech Republic" gives a holistic view of the decisions of courts of general judicial system and the Constitutional Court of the Czech Republic in matters relating to the conditions, manner, and limits of the property rights protection. The topic is understood as an interpretation of various institutes in which the courts' decisions claims the most, and as a summary of judgments reflecting every single institute. The dissertation captures the judicial decision-making practice, taking into account the state of the legislation in force until 31 December 2013. The empirical part of the dissertation which corresponds to the selected assignment is preceded by a necessary interpretation of theoretical, doctrinal and historical bases of the topic. The dissertation also reminds the in time-varying insight into the nature, meaning and object of property rights and on the level and ways of protection in the Roman law jurisprudence and civil codes that directly affected the courts application practice in the territory of the present-day Czech Republic. An interpretation of privatization and restitution process that took place in our society after 1989 is an important link between the theoretical and the...
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Superficial Right of Construction in Czech and French Law
Srbová, Alena ; Dvořák, Jan (advisor) ; Stejskal, Vojtěch (referee) ; Petr, Bohuslav (referee)
PRÁVO STAVBY V ČESKÉM A FRANCOUZSKÉM PRÁVU, 2015 Abstract (English) Superficial Right of Construction in Czech and French Law The Superficial Right of Construction is one of the new institutions of civil law after the entry into force of the new Czech Civil Code on January 1st , 2014. But the institute is not quite unknown to Czech law, because it was a part of it until 1964. This fact enables to compare the current legislation with the previous provisions and to follow up the development of the explored institute's concept, both in terms of the shift of its nature from public to private, as well as of its content. It is also possible to identify the characteristics of "new" Czech Superficial Right of Construction which reflect not only the development of law in the last fifty years in general, but also of a similar institute in other (European) countries. One of such an institute is undoubtedly French bail à construction, existing since 1964 which seems appropriate for comparison with Czech Superficial Right of Construction mainly due to its continual development and a fairly frequent practice use in its home country. Apart from the relation of Superficial Right of Construction to the Roman principle superficies solo cedit, identification of the expression and legal nature of the institute, excursion into...
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Acquisition, Protection and Limitation of Ownership
Lamačová, Jana ; Salač, Josef (advisor) ; Plecitý, Vladimír (referee) ; Petr, Bohuslav (referee)
The objective of my thesis was to provide a comprehensive survey on ownership as a legal institute and one of man's important values. It should be presented in the historical context and its development should be drawn up both over the course of several centuries and through various communities of people, whether under a totalitarian regime or free. My thesis consists of 4 major parts. Part 1 is dedicated to Roman law and includes chapters on the subject of ownership, acquisition of property, protection of ownership and limitations of ownership. Part 2 describes the development of ownership in our country. Specifically it analyses the General Civic Code - ABGB, Civic Code - 141/1950 Coll. and Civic Code - 40/1964 Coll. My objective was also to give at least a partial insight into the legal regulations regarding ownership in other states. Given the fact that this is an extensive matter, it appeared to be most effective to do a survey of ownership at the constitutional level in EU countries, namely Spain, Germany, Luxembourg, France, Greece, Portugal, Lithuania and Hungary, see Part 3 hereof. I assumed a more detailed treatment of ownership at the constitutional level would be applied in western countries. However, this hypothesis turned out to be wrong at least in the cases of Spain and Luxembourg....
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Protection of personality in a Czech-German comparison
Zahořová, Eva ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
The Ph.D. thesis called "Protection of personality in a Czech-German comparison" applies to, as the name indicates, a comparison of legislation examined in two jurisdictions. The aim of the thesis is certainly not a statement that one of the legislations is "better" than the other, but to determine whether and how the Czech and German legislation differ or how similar are the rules in both countries. The first part of the thesis is devoted to sources of law and aims to compare the rights of personality in both jurisdictions. In addition to national sources of law (with emphasis on private law) international treaties are mentioned. With regard to the treaties it can be concluded that although the Czech Republic and Germany are not signatories to the same contracts this difference is not significant for the purposes of the protection of personality. The wide content-overlap and considerable generality of the treaties causes that identical rights are protected in both countries. In the area of domestic sources of law it can be clearly stated that the German constitution plays more important role in its country than the Czech constitution in the Czech Republic. This is primarily due to the fragmentation of German legislation and the desire to overcome this inconsistency, but also the important position...
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Unjust enrichment in the Czech legal order
Pilík, Václav ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
Václav Pilík. Unjustified Enrichment in the Czech Law. PhD thesis 1 Abstract This PhD thesis explores the legal institution of unjustified enrichment in the Czech private law. The subject is dealt in larger historical, theoretical and partly comparative relationships in order not to be reduced only to internal problems of the national regulation. A general view of unjustified enrichment (part one of this work), providing a systematic introduction to the problem, is hinder by different approaches, their overlapping and largely opened discourse on conceptual questions. Despite all that difficulties, found out by comparative legal studies of unjustified enrichment in the civil law and common law systems, it is necessary to undergo an attempt at expression of common features of the unjustified enrichment as a legal concept. Supposing that, we can describe three common features of unjustified enrichment: it is enrichment obtained at the expense of another and in a lawless way; the modern legal institute of unjustified enrichment rests on fragmentary historical basis, substantially completed by national factors of legal development (legislation, justice and doctrine); the enrichment is viewed as objective fact (at least in certain states of facts). Legal development of unjustified enrichment runs differently in...
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