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Securing the position of the lessor
Mack, Michael ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The aim of this thesis is to analyse the institutes of securing the position of the lessor of an apartment and the related protection of the lessee as a weaker contractual party. Its focus is on a detailed comparison with the legislation of the Federal Republic of Germany, which served as a source of inspiration for the legislator. The thesis is structured into an introduction, four parts analysing the issues presented above and a conclusion. The first part is devoted to the description of the genesis of the institution of lease and a more detailed description of its regulation in selected historical stages. The second part of the thesis deals with the current regulation of the lease of an apartment. Firstly, it provides its definition within the systematics of the law of obligations, including a description of the conceptual features of the lease. This is followed by a description of the object and the subjects of lease of an apartment. Particular attention is then paid to the analysis of the rights and obligations of the lessor and the lessee, with an emphasis on the protection of the lessee as the weaker contractual party. The issue of securing debts is discussed in the third part of the thesis. After a general overview, a legal consideration of the subject of security follows. In order to...
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The digital estate
Drachovská, Karolína ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The digital estate Abstract More and more social relations are moving online and, just as technology is evolving, the law must also respond to new challenges. One of such challenges, that builds on the massive advances in the online world, is digital inheritance. Therefore, as a focal point of the whole thesis, I ask what happens to digital assets, i.e. the values that each of us creates in our online activities, in the event of our death. Czech law does not contain any special provisions for the inheritance of digital assets. Therefore, succession depends on the relevant provisions under which we assess succession mortis causa today. The choice of a particular legal rule depends on the subject matter of the digital estate. The legislation at the time does not even contain a legal definition of the term of digital estate (digital inheritance). In general, this term can be understood as all digitally stored data that may be part of the testator's sphere of legal disposition. The scope of this term is therefore filled by a whole range of values of different nature. Therefore, I distinguish three groups of digital assets for which common rules of inheritance can be defined. I devote the first and most extensive section to the inheritance of internet accounts intended for communication (specifically, e-mail...
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Establishment of pledge in the context of loan financing
Šteco, Ondřej ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Establishment of pledge in the context of loan financing ABSTRACT The subject of this diploma thesis is the establishment of pledge in the context of loan financing, i.e. the most common way of securing debts of borrowers being business companies arising under the facility agreement in the Czech banking market. In addition to the author's aim to provide a comprehensive analysis of the issues in connection with the establishment of pledge in the context of loan financing, the author aims to further provide analysis of relating issues, being, inter alia, the role of the pledgee as the security agent, the establishment of disposal limitations with the collateral, the purpose of pledge as a condition precedent to the utilisation of a loan, and the comparison with certain other chosen security instruments used in loan financing. Moreover, the author aims to identify and define problematic issues relating to the establishment of pledge that are relevant for loan financing and to provide possible solutions thereto. The thesis is not limited to a mere description of the selected subject but it also presents the author's own view on the troublesome issues and propositions relating to possible future amendments of law. The author achieves the aforestated purpose of the thesis by analysing applicable Czech...
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Substitude alimony in theory and in practice
Lazurová, Irena ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Substitute maintenance in theory and practice Abstract The author of the present work focuses on a new social security benefit that expanded the state social welfare system starting from 1 July 2021. Substitute maintenance is a blanket benefit intended to cover the costs of maintenance and care of dependent children for whom maintenance responsibilities arising from a court decision have not been properly fulfilled. In addition to presenting a new public-law institute in the context of its historical roots and ways in which it is projected into the valid legal order of the Czech Republic, this work also aims to assess the degree of state interference into the private-law sphere of family rights. The introduction and the first part of the text focus on introducing maintenance responsibilities of parents towards children with an emphasis on the consequences of failure to pay maintenance. The author provides a detailed analysis of the issue of interest accrual on maintenance in court practice. The second part of the text presents the new legislation of substitute maintenance and takes an excursus into the history of the issue. This is followed by an analysis of Slovak legislation in the field. Part four of the text deals with impacts of substitute maintenance on selected legal areas and on the practice of the...
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Right to be forgotten as part of personality rights
Vítek, Dominik ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Šustek, Petr (referee)
Dominik Vítek 1 Abstract - Right to be forgotten as part of personality rights Right to be forgotten (or also right to oblivion) is a new phenomenon formed by the Court of Justice of the European Union in 2014 in the case of Google Spain. The right was then enacted as part of the General Data Protection Regulation and consequently became applicable throughout the EU and EEA since 25 May 2018. This thesis goes beyond the scope of personal data protection (under the GDPR) and considers whether the right to be forgotten forms a part of the personality and the right to privacy as such, thus being protected as a fundamental human right. On this basis, it also considers whether not only individuals but also legal entities could benefit from the right to be forgotten. These questions are assessed in view of the conflict of fundamental human rights and their proportionality test - right to privacy (also relying on and stemming from human inviolability and dignity) as balanced against other human rights, in particular, freedom to speech and freedom of information that need to be evaluated when performing the right be forgotten. It is also necessary to consider the purpose and fundamental principles of privacy and its protection and the purpose of forgetting and its meaning for individuals and society as a whole. All...
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Claim and dispositions with it
Kment, Václav ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Kolesár, Pavel (referee)
Claim and dispositions with it Abstract This thesis aims to provide readers with a comprehensive insight into the law of obligations with regard to the theoretical concept of a claim and analyze its place in the legal system as a concept of relative property law and at the same time thing from the perception of the current civil law. The first chapter presents the characteristics of an obligation and its cause and further elaborates on its origin, changes and termination. The second chapter analyses the nature of a claim, as the right of a creditor to demand performance from a debtor from both theoretical and practical poin of view, taking into account the genesis of understanding of this institute from Roman law to the current apprehension in the law of the Czech Republic. For the sake of completeness, a chapter on debt has also been included in the thesis, in order to analyse debt as an institute standing on the other side of the spectrum of an obligation with emphasis on possible dispositions therewith from the point of view of the debtor and the creditor. The fourth chapter deals with the pivotal theme of the thesis, namely dispositions with receivables and their limitations, which arises from the fact that a receivable, although being a property value owned by its creditor, stems from the relationship...
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Debtor's default
Hartmann, Jiří ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis deals with the issue of debtor's default, as a universal legal institute through the prism of current legislation in private law. It looks at the problem from both a general and theoretical perspective, and also discusses various partial and specific parameters occurring in legal practice. When defining the concept and content of the debtor's default, the conclusion is that the debtor's default can only be discussed when the obligation is not fulfilled in time. Not proper performance does have its reflection to debtor's default only via the creditors entitlement to refuse such a performance, thus causing the debtor to default if the debtor does not correct his performance before the due date. However, if a situation arises where a defective performance is provided and this is accepted by the creditor, then there is no default of a debtor, but the creditor acquires rights from the defective performance. The thesis also deals with the issue of debtor's default in case of monetary obligations, when it discusses, among other things, the issue of contractual and statutory default interests. It compares the development of this regulation in relation to the former legislation represented by Civil Code of 1964, including the development of case law, concluding that, contrary to the...
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Substitude alimony in theory and in practice
Lazurová, Irena ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
The author of this paper presents a new social security benefit that will expand the state social welfare system from 1 July 2021. Substitute maintenance is a blanket benefit intended to cover the costs of maintenance and care of dependent children for whom maintenance responsibilities arising from a court decision has not been properly fulfilled. In addition to presenting a new public-law institute in the context of its historical roots and method of projecting it into the valid legal order of the Czech Republic, this paper also aims to assess the degree of state interference into the private-law sphere of family rights. The introduction and first part of the paper focuses on introducing maintenance responsibilities of parents towards children with an emphasis on the consequences of failure to pay maintenance. The author provides a detailed analysis of the issue of interest accrual on maintenance in court practice. The second part of the paper presents the new legislation of substitute maintenance and takes a journey into the history of the issue. This is followed by an analysis of Slovak legislation in the field. The fourth part of the paper deals with impacts of substitute maintenance on selected legal areas and on the practice of the affected entities in exercising public authority. In the...
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Compensation of Non-Material Damage Caused by Excessive Length of Judicial Proceedings - Comparison of Czech and German Legislation
Soukupová, Soňa ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This diploma thesis concerns the legislation governing compensation of non-material damage caused by excessive length of judicial proceedings in the Czech Republic and in the Federal Republic of Germany. In cases where prevention of excessive length of judicial proceedings is impossible, it is important at least to put suitable legislation in place in order to compensate for the arising non-material damage. The aim of this thesis is to make an overview of the respective Czech and German legislation, to compare and evaluate de lege ferenda. The thesis deals in detail with the case law of the ECHR concerning the right to trial within reasonable time since this is the base for both legislations being compared. This thesis consists of five chapters. The first chapter defines non-material damage and provides overview of general legislation governing non-material damage in the Czech Republic and in the Federal Republic of Germany, including its development in both countries. The second chapter concerns conclusions of ECHR case law in this matter, which is the basis for both national legislations. The third and fourth chapters focus on Czech and German legislation. The structure of these chapters is similar, describing which legal regulations govern this matter, their force, evaluation of proceedings...
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Liability for damage caused by and to an animal
Kvasnicová, Sandra ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Liability for damage caused by and to an animal Abstract In this paper, entitled "Liability for damage caused by and to an animal", I focus on the analysis of the private law framework of attributability and liability for injury caused by and to animals, i.e. the concept of the property of a "thing" that is to some extent uncontrollable. For the sake of comprehensiveness, the issue is also briefly outlined from a public law perspective. This paper aims to provide a comprehensive and expert summary of information on current domestic legislation, to mention possible shortcomings thereof, and to provide the reader with an overall picture through a number of examples and theoretical situations. The paper is divided into six chapters. The introduction deals with the animal as a concept in the legal sense and also defines the terms game and animal, as they are fundamental to the whole paper. Understanding the terms and distinguishing them from the subject matter is fundamental to understanding the issue. The following chapter is devoted to the Czech historical regulation of the concept of animal as its understanding changed in domestic civil law until the adoption of the current Civil Code. In its main parts (the third, fourth and fifth), the paper focuses on the current legal regulation of liability for injury...
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