National Repository of Grey Literature 153 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Models of Post-Divorce Child Care in the Czech Republic and in Italy
Argalášová, Marta ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Models of Post-Divorce Child Care in the Czech Republic and in Italy Abstract The topic of the thesis is a comparative approach to the institute of post-divorce childcare in the Czech Republic and in Italy. Decision-making about family arrangements after the divorce and separation of parents is related to a choice of the right model of post-divorce childcare, which the law of different countries offers. This decision implicates, in itself, also a decision on the right of access and maintenance, therefore a decision on childcare. The introductory part of this thesis is dedicated to a historical excursus on the development of family law in both countries, which enables the reader to understand current legislation and its background. A substantial part of the thesis is dedicated to the institute of divorce itself, since it is considered the starting-point for the decision about post-divorce childcare. The differences between the concept of divorce in the Czech Republic and in Italy are crucial for the following post-separation childcare decision-making. The so-called two-phase divorce in Italy makes a great difference in the decision-making about post-divorce childcare in both countries. The main part of the thesis offers a comparison of post-divorce childcare and the introduction of single models of...
Protection of personality of the child focused on protection of physical integrity of the child
Záliš, Martin ; Elischer, David (referee)
Protection of personality of the child focused on protection of physical integrity of the child This thesis deals with protection of personality of the child. It is not possible to cover the whole area of the protection of personality of the child, therefore, this diploma thesis focuses on the problems of the protection of physical integrity of the child, compulsory vaccination and corporal punishments. Using the descriptive and analytical method, comparative method and historical method, the aim of this thesis is to analyse and to evaluate the Czech law of protection of personality of the child, especially the protection of physical integrity of the child, to analyse the selected issues of the physical integrity of the child and to predict the further development in this area. Our current legal arrangement is compared with that of Germany and Slovakia. The text is concerned mainly with the protection of physical integrity of the child in the Czech Republic. The diploma thesis is divided into three parts, introduction and ending. For reader's convenience, parts are further divided into chapters and subchapters The first part is focused on the definition primary terms. This part contains a historical sketch of the protection of children focused on Convention on the Rights of the Child [including...
Civil disputes between the doctor and the patient
Saidamová, Suzan ; Salač, Josef (advisor) ; Elischer, David (referee)
Rigorosa title: Civil disputes between the doctor and the patient Medical law is a progressive interdisciplinary law linking both public and private law. Health is one of the most important attributes of human life. The existence of possible harm resulting from an unlawful act of a doctor may be extremely sensitive to the patient. Then the patient facing the specific issues in dealing with such a harm. There is a high rate of informational inequity between the patient and the doctor. The patient as a plaintiff needs to be balanced with available and effective instruments. These are, in particular, procedural instruments of a civil court, but also alternative dispute methods can correct this imbalance about informational inequity. This rigorous consists of three main chapters. The first chapter deals with the definition of the substantive relationship between the doctor and the patient and its content requirements, and further defines the possible violations of the duties on the part of the doctor and their consequences. The second chapter deals with the civil disputes between the doctor and the patient in the provision of health care. In this part there is the procedural relationship between the doctor and the patient defined as well as the evidence in civil process, including the description of...
Registered partnership - actual situation in Europe
Kadeřábková, Veronika ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Registered partnership - actual situation in Europe Abstract This thesis deals with the registered partnership and cohabitation of two persons of the same sex in the same-sex marriage. The thesis deals not only with the Czech legal system, but also with other european countries. The aim of the thesis is to compare the individual legal regulations and to review the actual tendencies of the european states in this respect. The text focuses mainly on the current situation in individual countries, the facts as concerning the establishment and termination of registered partnerships and partners' property relations are described. The subject of homoparentality and the possibility of adopting homosexual children is also discussed. The thesis is divided into 6 chapters, which gradually describe sub-areas related to this civil law institut. The first chapter defines the basic concepts and briefly describes the historical development of homosexual perceptions and the view of homosexuality. The next chapter describes the gradual legalization of a registered partnership in Europe, focusing on legislative processes in the Czech Republic. The third chapter discusses the emergence and termination of a legal partnership between same-sex persons, whether registered partnerships or same-sex marriages. The fourth chapter...
Mandatory rules in the Civil Code
Mendrek, Piotr ; Elischer, David (referee)
Mandatory rules in the Civil Code Abstract The aim of this diploma thesis entitled "Mandatory rules in the Civil Code" is to analyse the mandatory rules in Act No. 89/2012 Coll., the Civil Code (hereinafter "CC"), in terms of their theoretical definition, the way of their identification and occurrence. The work is therefore systematically divided into three parts. The first part deals with the conceptual and contentual definition of the mandatory rules and defines the differences between the mandatory and non-mandatory rules. Various types of mandatory rules are also discussed, with particular emphasis being placed on analysing the category of so-called relatively mandatory rules. In this part, the author profoundly deals with a division of rules into mandatory and non-mandatory. Moreover, the author discusses the pivotal principle of private law - the principle of autonomy of will. On one hand, this principle mirrors the non-mandatory rules of the Civil Code. On the other hand, it is pointed out to the necessity of limiting the autonomy of the will through the mandatory rules. The second part of the diploma thesis is devoted to the long-standing problem of identifying a mandatory rule. First of all, the legislative techniques used by the legislator for distinguishing mandatory and non-mandatory rules are...
The conception of maintenance obligation in civil law
Uhlířová, Kristýna ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 [The conception of maintenance obligation in civil law] Abstract The thesis aims to clarify the concept of maintenance obligation in civil law. The thesis consists of an introduction, ten main chapters and a conclusion. In the introduction, the thesis concern with the definition of basic concepts that are important for the issue. The development of the regulation of maintenance obligations in our territory in the historical context is discussed in detaily in the main chapters. The main conslusion of the thesis is that there are many significant milestones that have pushed forward developments in the area of maintenance obligations. In respect of the historical development of the legislation, attention is paid to the maintenance obligation contained in the General Civil Code (ABGB), the Food Act, the Family Law Act, or the Family Act. The work also does not forget the current legislation according to the new Civil Code, effective from 2014, the other legislation that also deals with the issue of maintenance obligations or the case law. The thesis is also intended to bring readers closer to the concept of maintenance obligations with respect to family protection, including the international level. The thesis in its main part analyzes the individual types of maintenance obligations and draws attention to...
Legacy
Zachara, Radim ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Legacy Abstract This thesis examines the issues concerning a bequest, as a concept in inheritance law according to Czech legislation contained in Act No. 89/2012 Sb., the Civil Code. The reintroduction of the bequest to Czech inheritance law occurred after more than 50 years, so this concept is relatively unknown to the general public. A bequest that is governed by the principle of singular succession is a departure from the fundamental principle of inheritance law in the Czech Republic, namely universal succession. The restoration of this traditional concept of inheritance law brings many issues, both in theory and application, to which this thesis endeavours to find answers and point to weaknesses in the legal regulation. In this thesis, the historical interpretation in the parts dealing with the legal regulation contained in the legal regulations preceding the current Civil Code was used in particular, starting with the Roman-law legislation, through the medieval inheritance law to the general Civil Code, the government's draft of the Civil Code of 1937 and of the Civil Codes after the February 1948 Revolution. Due to the continuity of the current legal regulation from the General Civil Code and the Roman-law legislation, the thesis incorporates a comparative method where appropriate. In the de lege lata...
Contractual penalty
Kmoníčková, Klára ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
Contractual penalty The theme of this thesis is the contractual penalty. The contractual penalty is an ancient institute, a similar legal instrument was already known in Roman Law. In our territory an equivalent of the contractual penalty can be already found in municipal law in the 16th century. The fact that contractual penalty has been used for such a long time illustrates its doubtless importance and its necessity for Law of Obligations. Nowadays contractual penalty still plays an important role and it is frequently used in contracts. The aim of this thesis is to analyse current legal regulation of the contractual penalty in the Czech Republic, including the relevant case-law and literature. The purpose is also to point out the difference in opinions about some particular issues or practical problems. The thesis focuses primarily on amount of the contractual penalty and a discretionary power of a judge to reduce an excessive contractual penalty. The thesis does not forget to deal with other topics relating to the contractual penalty. This thesis consists of 11 Parts, some of these Parts are divided into the Chapters or Points. The thesis summarizes a historical development of the contractual penalty in its first Part. The second Part of the thesis concerns with a systematic classification of...
A gift - transformations over time
Kunstová, Dorota ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Dorota Ryčlová A gift - transformations over time Abstract This thesis is focused on a gift as an object of gift-giving and its purpose is to analyse this institute as completely as possible. Both from historical point of view, as well as from the perspective of actual legislation. Not even the perception of a gift by other sciences like psychology, anthropology, economy or diplomacy will be left aside. One of the introductory chapters is concerned with gift transformating in law from the Code of Hammurabi, over the Roman law and the Middle Ages up to the regulation of the Austro- Hungarian Empire, the First Czechoslovak Republic and both civil codes valid and effective in our territory in the second half of the twentieth century. Naturally, the largest extent is devoted to the conception of a gift in current legislation, especially in the Act No. 89/2012 coll. civil code (hereinafter referred to as the New Civil Code - "NCC"). Not only from the point of view of NCC Stat. §§ 2055-2078, which deals with different forms of the gift itself (and gift-giving and contract of donation respectively), but also from the point of view of other NCC provisions explicitly mentioning gift or gratuitously provided performances. For the needs of distinguishing between a gift stricto sensu and any other similar performances,...
The application of joint physical custody in practice from a perspective of a child's right to care of both parents
Fialová, Markéta ; Frinta, Ondřej (advisor) ; Elischer, David (referee)
The rigorous thesis called The application of joint physical custody in practice from a perspective of a child's right to care of both parents deals with joint physical custody as a form of child custody which fulfills a child's right to care of both parents in the most suitable way. The main goal of this thesis is to define lmits of joint physical custody determined by case law which exclude its appropriateness as well as to evaluate options of operating with parents in order to achieve their own agreement about joint physical custody in order to avoid authoritative court decision. In the introductory chapter the thesis deals with the definition of joint physical custody, its legal basis, social debate following joint physical custody reflecting diverse opinions on it and also with impacts of a parental conflict on joint physical custody. The thesis then deals with the principle of the best interest of a child. It is the most significant principle of family law and as such it is especially necessary to apply it very thoroughly based on the assessment of all circumstances of a particular case. The main part of this thesis is devoted to limits of joint physical custody determined by case law excluding the application of joint physical custody in a particular case based on its inappropriateness. The...

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