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Legal presumption of paternity determination vs. the material truth
Šimečková, Kateřina ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Legal presumption of paternity determination vs. the material truth Abstract This work discusses the relationship between paternity determined by one of the legal presumptions of paternity determination, as defined by the Civil Code, and the material truth, or the possible contradiction between them, which the nature of the legal regulation allows. In the Czech Republic, the paternity determination is governed by a total of five legal presumptions, which are based on the probability of paternity determined by them - a first presumption testifying to the mother's husband ex lege, its conversion in favor of the second presumption in the case of divorcing marriage, a one-and-a-half presumption consisting of the father's consent to the mother's artificial insemination, a second presumption based on the parent's consent statement before the relevant public authority, and finally, a third presumption based on the fact of the intercourse between the father and the mother at a decisive time, when paternity is determined by a court decision based on the proposal of some of the concerned persons. However, it follows from the nature of the matter, that paternity determined in this way does not have to be in conformity with biological paternity. The legal presumptions can be a means of quick and effective resolving...
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Determination of Paternity
Šourek, Josef ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Determination of Paternity Abstract The master's thesis primarily delves into the intricacies of fatherhood and its determination and denial in the legal framework of the Czech Republic. It is complemented by a brief delineation of related institutions, such as motherhood and parenthood. The aim is not only to analyze the current legal regulations from a substantive legal perspective but also to explore its historical roots and gradual evolution in our territory. Additionally, a comparison is drawn with the relevant legal provisions in the legal system of Great Britain - specifically, England and Wales. In the first part, attention is dedicated to defining the concept of fatherhood itself and reflecting on its three dimensions in Czech law, including insights from jurisprudence and doctrine. For context, the document also discusses motherhood and parenthood - terms distinct from fatherhood but intricately connected to it. The second part focuses on the historical development of the legal regulation of fatherhood, starting from its ancient foundations laid down by classical Roman law, through the period of the first civil code in our territory, to socialist family law codes. The ways in which these historical developments have shaped the contemporary legal framework are explored. Building upon the preceding...
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The Theory of "Loss of Chance" in the Field of Medical Law
Petr, Ondřej ; Salač, Josef (advisor) ; Šolc, Martin (referee)
The Theory of "Loss of Chance" in the Field of Medical Law Abstract This master's thesis explores an alternative approach to establishing civil liability in medical-legal relationships. Due to the disparities described in the thesis, the positions of the parties in medical-legal disputes are not equal. Therefore, the theory of "loss of chance" was developed to address this issue by introducing a new approach to proving causal connection in court. The point of the theory is to transfer the procedural deficiencies of the aforementioned disputes into the substantive realm by creating a new legally protected asset, namely, the "chance." The thesis is divided into three parts. The first part addresses the issues of medical-legal relationships and the resulting legal disputes. It explains the fundamental principles underlying the theory of "loss of chance" and highlights the differences between the conventional approach to proving causal nexus and the theory itself. The second part is devoted to the historical and foreign development of the theory. With the help of key decisions of foreign case law, the concept of theory in these foreign jurisdictions is explained, which then influences the decision-making of Czech courts in cases related to theory. The last part of the thesis deals primarily with the main...
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Animal in the regulation of the Civil Code.
Řebíček, Jakub ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Thesis focused on: Animal in the regulation of the Civil Code. The work is focused on the current status of animals in civil relations after the entry into force of the new Civil Code. The aim of the work is to map the historical development of the position of the animal from the point of view of private law, going back to its roots - to Roman private law, as well as to examine the influence of the norms of public law or other legal branches on this position. Subsequently, using the analytical and evaluation method, the institute of dereification of animals in the new Civil Code and related theoretical as well as practical pitfalls are examined in detail, especially the definition of an animal within the community of organisms or the impact of dereification on the legal regime of animals compared to things in the legal sense. The method of dereification in selected European states is also presented using a comparative method, and current European legal trends are traced along with it. The position of the animal is then further examined in connection with its occurrence in the area of absolute property rights. Specifically, the property right to an animal, its content, acquisition and encumbrances related to animals are examined. Using the analytical method, theoretical, interpretative, practical or...
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Contract for work in the field of construction
Chroust, Jiří ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Contract for work in the field of construction Abstract The diploma thesis deals with the legal regulation of the contract for work in the meaning of Act No. 89/2012 Coll., Civil Code, especially in the context of construction projects. Its purpose is therefore to define the specifics of the legal regulation of the contract for work in the field of construction. The thesis is divided into four chapters. The second chapter deals with the current legal regulation of the contract for work. Attention is paid in particular to the definition of the subject matter of the work and to the essential elements of the contract. The thesis also discusses the possible ways of determining the price for the work and furthermore deals with the legal regulation of the actual performance of the work. In this context, the thesis deals with the legal regulation of the risk of carrying out the work, the possibility of payment of advances during the course of carrying out the work and the manner of carrying out the work. The chapter concludes with a description of the completion and handover of the work. The third chapter addresses other specifics of the contract for work, contextualizes the use of model contract terms, and identifies entities that are in the construction project field. It also discusses the specifics of defining...
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The possibilities of a joint matrimonial testament in the Czech, Austrian and German legal systems
Jakoubek, Lukáš ; Zvára, Michael (advisor) ; Salač, Josef (referee)
The possibilities of a joint matrimonial testament in the Czech, Austrian and German legal systems Abstract The institute of a joint testament of spouses is not included in the Czech legal system, although the closest legal regulation that is the inspiration for our codification, i.e. the German regulation (BGB) and the Austrian regulation (ABGB), include this institute. The thesis relies mainly on commentary and specialist literature in the German language, due to the frequency of use of the institution of joint matrimonial testament in the Federal Republic of Germany, the sources related to the regulation under this legal system prevail. The author aims to answer the question of whether the Czech legislation should be inspired by foreign legislation and allow for joint matrimonial wills following the example of Austrian or German legislation. This institution's use depends on the quality and clarity of the legal regulation, which, as the sources show, is significantly higher in the German legal regulation. The adoption of the Austrian legal regulations, which are neither sufficiently comprehensive nor understandable to the general public, would probably bring an institution that is not used in practice into the Czech legal system. On the other hand, the adoption of a complex regulation based on the model...
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Rental housing as a way of fulfilling the right to housing and the current difficulties of its availability
Roznětinská, Barbora ; Zvára, Michael (advisor) ; Salač, Josef (referee)
RENTAL HOUSING AS A WAY OF FULFILLING THE RIGHT TO HOUSING AND THE CURRENT DIFFICULTIES OF ITS AVAILABILITY Abstract This thesis deals with a few current issues of fulfilling the right to housing by rental housing. Firstly, it aims to find out how sufficient is the valid law. Secondly, it tries and answer the question of whether there is a change in housing - from owning a house or a flat to renting one instead. In the first chapter, housing as one of the fundamental human needs is outlined and is pointed out to the importance of this subject not only in law but also in human life in general. In the second chapter, I describe the basics of the law most relevant to the explored object, including filling the topic into public (international and constitutional) law context. Followed by the explanation of the key parts of the Czech Civil Code. What is more, the state housing policy as a tool for housing development and the availability of flats is not left behind. I consider that policy as one of the results of the fundamental human right to housing. Although one is not entitled to housing, there are state duties resulting from that fundamental right. Thus, the state is required to establish (legal) conditions for people to be able to aim at fulfilling their right to housing. The third chapter deals with a few...
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Assisted reproduction and related legal issues
Adamová, Barbora ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Assisted reproduction and related legal issues Abstract This thesis addresses the issue of assisted reproduction as a health service suitable for the treatment of infertility, including all aspects related to it. It is mainly due to the increasing number of people struggling with infertility nowadays that the topic is of high importance and deserves, besides scientific and medical attention, also adequate legal attention. The thesis focuses mainly on the legal regulation of assisted reproduction de lege lata and its development, however, it also evaluates the de lege ferenda regulation overview. In addition to the legal framework of the assisted reproduction services, the scope of persons who may be beneficiaries of the service is also discussed. Other related topics discussed include the conditions that must be met in order for beneficiaries to be provided, as well as the provider's obligations and standards. Furthermore, focus is drawn to the proposed changes, both past and present, including the intentions of the legislator. In addition to a summary of the general legal regulation of assisted reproduction, the thesis aims to cover the issue comprehensively, which is why the second chapter is devoted to the topic of germ cells and the possibilities of their donation, as well as the question of the legal...
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Merging of state contributory organisations and organizational units in the competence of the Ministry of Health of the Czech Republic
Slovák, Štěpán ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Merging of state contributory organisations and organizational units in the competence of the Ministry of Health of the Czech Republic Abstract The thesis focuses on the consolidation of state contributory organizations and organizational units of the state within the scope of the Ministry of Health of the Czech Republic. The initial stage involved mapping all relevant state contributory organizations, organizational units, and state enterprises, which fall under the jurisdiction of the Ministry. Subsequently, state contributory organizations suitable for consolidation, such as the University Hospital Brno, St. Anne's University Hospital Brno, and Centre of Cardiovascular and Transplantation Surgery, were identified. The thesis is divided into five chapters covering topics including organizational units, state contributory organizations, state enterprises, specific state contributory organizations providing healthcare services, and the possibilities of merging these entities. The fifth chapter describes the possibilities of merging the identified entities, with the author attempting to offer solutions for potential consolidation. However, the legislator, through the amendment of the Property Act adopted shortly before the finalization of the text, has facilitated the entire process of consolidating state...
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Matrimonial property with an emphasis on its settlement in the context of succession proceedings
Srbová, Monika ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Matrimonial property with an emphasis on its settlement in the context of succession proceedings Abstract The topic of this thesis is Matrimonial property with an emphasis on its settlement in the context of succession proceedings. The aim of the thesis is to provide a comprehensive interpretation of the institution of matrimonial property with a focus on the process and methods of its settlement in the course of succession proceedings. The main motive behind the objective is the distorted and unclear idea of the public about matrimonial property and its settlement. The first part deals with the concept of matrimonial property, its characteristics and briefly introduces the institution of matrimonial property in Europe. The second part describes the historical development of matrimonial property. The description begins in antiquity and proceeds further in time to relatively recent times. It then focuses more specifically on the legal arrangements in our territory. The third part deals with the current matrimonial property law. Beyond the basic and essential information about the creation, regimes and termination of matrimonial property, it also includes a look into the conflict of laws rules of the contractual matrimonial regime and presents specifics of matrimonial property in the context of enforcement...
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