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Community property de lege lata
Svejkovský, Vít ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to introduce the issue of marital property, which I consider is still up to date. That is what I also learned during an internship at the court. I chose this topic mainly because I find it very interesting and important. This topic is very closely related to the family, which I consider to be the core of the society. The society without the family could not simply work. Joint property of spouses is one of the key nodes of the society. Not only the relationship between the spouses themselves, but also in relation to third parties. The thesis consists of six chapters, where most of them are further divided into subsections. The first chapter deals with the historical context of the development of joint property. This leads to an understanding of the current legislation. The second chapter deals with how the joint property is created and what constitutes the content of the joint property. That means assets and liabilities. In addition, it is pointed out what by the law cannot be part of the joint property. The third chapter of the thesis deals with the disposal of the joint property of spouses. Such disposal of joint property management concerns not only common, but also the non-common administration. Also an important point in this part is the relation between business activities and...
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Presumptions for constitution of damage responsibility
Svejkovský, Vít ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Presumptions for constitution of damage responsibility Abstract The aim of this rigorous thesis is to bring closer the presumptions for the constitution of damage responsibility. In terms of time, the first presumption is the breach of duty. Therefore, the first chapter deals with the breach of duty, focusing more closely on violation of good morals, breach of law and breach of contractual obligations. In conclusion, the first chapter focuses on circumstances excluding unlawfulness, especially necessity and self-defence. The second chapter deals with the second presumption for the constitution of damage responsibility that is damage. This chapter divides the damage to material damage and immaterial damage. The material damage is also mentioned with its individual components, which are the real damage and the lost profit. And for immaterial damage, some of its provisions are specified in special laws. The second chapter also covers the civil legislation in the Federal Republic of Germany, specifically contained in the German Civil Code. The third chapter deals with the third presumption for the constitution of damage responsibility, which is the cause between the breach of duty and the consequent damage. The cause to the difference from the previous two presumptions is almost not described in the Civil Code....
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Community property de lege lata
Svejkovský, Vít ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to introduce the issue of marital property, which I consider is still up to date. That is what I also learned during an internship at the court. I chose this topic mainly because I find it very interesting and important. This topic is very closely related to the family, which I consider to be the core of the society. The society without the family could not simply work. Joint property of spouses is one of the key nodes of the society. Not only the relationship between the spouses themselves, but also in relation to third parties. The thesis consists of six chapters, where most of them are further divided into subsections. The first chapter deals with the historical context of the development of joint property. This leads to an understanding of the current legislation. The second chapter deals with how the joint property is created and what constitutes the content of the joint property. That means assets and liabilities. In addition, it is pointed out what by the law cannot be part of the joint property. The third chapter of the thesis deals with the disposal of the joint property of spouses. Such disposal of joint property management concerns not only common, but also the non-common administration. Also an important point in this part is the relation between business activities and...
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Satisfaction in money as a legal tool of the protection of personal rights under civil law
Svejkovský, Vít ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
57 Summary The purpose of my thesis is to analyse current legal situation in the part of law, which is called "protection of personal rights of an individual". Especially than in the subpart of it, which conserns about the adjudication of reasonable monetary satisfaction. The reason for my research is to explain this important and interesting issue in it's particular details and analyse it's strong points as well as the weaknesses. The thesis is composed of seven chapters, each of them dealing with different aspects of the protection of personal rights of an individual and the adjudication of reasonable monetary satisfaction. Chapter One examines the historical foundations of the modern aspects of the adjudication of reasonable monetary satisfaction. Chapter Two outlines the sources of law in the field of protection of personal rights of an individual. Chapter Three characterises the means of protection of civil law defences in protection of personal rights of an individual. Chapter Four describes the conditions of right of an individual to monetary satisfaction. The chapter is subdivided into three parts. Part One describes the conditions of occurance of the civil law sanctions in Section 13 of the Czech Civil Code. Part Two focuses on the circumstances excluding the illegality. Part Three examines the...
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