National Repository of Grey Literature 204 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Incomplete adoption and its legal consequences
Vampolová, Gabriela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Incomplete adoption and its legal consequences Abstract This diploma thesis focus on the analysis of Czech legislation of incomplete adoption and its legal consequences. Incomplete adoption in Czech legislation is understood as a adoption of full age person. This legal institut was adjusted in the Czech legal system until 1950, then it disappeared from the Czech legal adjustment and was re-introduced with approval of Act No. 89/2012 coll., The Civil Code. Contemporary legislation distinguishes between two types of a full age adoption, namely adoption, which is similar to the adoption of a under age person, and adoption, which is not similar to the adoption of a under age person.The distinction between these two types of a full age adoption, in contrast to the distinction between complete and incomplete adoption, is evident from the legal adjustment in The Civil Code, where each of the mentioned types of full age adoption is adjusted in a separate legal provision. The first part of the work deals with the single concept of adoption, its development and possible ways of division, most of which in this part of the work focus on the division of adoption into complete and incomplete. What can be considered as incomplete adoption in the Czech legislation has already been stated, it is therefore necessary to state...
Cancellation and settlement of co-ownership and pre-emptive right of co-owners
Vacek, Aleš ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Cancellation and Settlement of Co-ownership and Pre-emptive Right of Co-owners Abstract The thesis is focused on the cancellation and settlement of co-ownership and pre- emptive right of co-owners. The goal of the thesis is to analyse the situations when one of the co-owners decides to leave the co-ownership. For it there is an institute of the cancellation and settlement of co-ownership or a transfer of co-ownership share in which the co-owner can be limited by pre-emptive right of the other co-owners. The result of the analysis is also a valorisation of imperfections of legislation and a proposal of their solutions. The thesis consists of introduction, five parts and conclusion. It draws information from legal regulations, legal literature, case law and other. After short introduction, the second part of the thesis deals with historical development of co-ownership with a view to the development basic phases. This part ends with the principles of recodification of private law in section of co-ownership. These principles were the way-outs for current legislation. The next part of the thesis deals with general characteristics of co-ownership and its selected basic elements such as subjects and an object of co-ownership. The co- ownership share is also mentioned there. The fourth part and the fifth part of...
Legal aspects of gender reassignment
Dočekalová, Hana ; Frinta, Ondřej (referee)
Legal aspects of gender reassignment Abstract Thesis deals with legal aspects of gender reassignment, especially with legal conditions of gender reassignment witch are required by the Czech law. Furthermore, the thesis provides a general introduction to the issue of transsexuality, deals with the etiology of transsexuality, and defines its two fundamental types, namely the MtF and the FtM transsexuality. This thesis also recalls the position of transgender people in society, as transgender people continuously face various forms of discrimination. In particular, the text of the thesis is focused on the legal analysis of the issue of gender reassignment. The thesis deals with all legal regulations that contain provisions concerning gender reassignment. In this manner, it deals with all relevant legal provisions included in the Czech Civil Code, in the Act on Specific Health Services, and in the Registry Act. The thesis also deals with the possible future legal regulation of gender reassignment using the de lege ferenda considerations. This bill could adapt the Czech legal regulation of gender reassignment to the case-law of The European Court of Human Rights as well as the legal standarts in other european countries. In the thesis, there is also the whole process of gender reassignment including both the...
Unjustified Enrichment in the Comparative Perspective
Petrov, Jan ; Frinta, Ondřej (referee)
strana 259 Unjustified Enrichment in the Comparative Perspective Abstract The aim of the thesis is the legal research of important results concerning unjustified en- richment that have been attained in foreign jurisprudence and judicial opinions, especially within the German legal family, and their comparative application to all provisions of the New Czech Civil Code ("NCC") regulating unjustified enrichment, including their rela- tion to other parts of civil law. The thesis thus draws extensively from Austrian and Ger- man jurisprudence and case law, from the Draft Common Frame of Reference, from Swiss law and from comparative literature; further legal orders are also mentioned and a refined translation of relevant foreign provisions is included in the appendix. The thesis does not include a mere description, but rather follows the interests of Czech law and aims to make a contribution to Czech jurisprudence and application the of law. Accord- ingly, the thesis is also founded on complete research of the Czech Supreme Court case law made in and after 2010. The thesis comes to a number of conclusions (summarized in the itemized resumé) which may be deemed for original from the point of view of the Czech legal discourse. These conclusions corroborate the hypothesis that the Czech law of unjustified...
Donation mortis causa
Drachovský, Ondřej ; Frinta, Ondřej (referee)
Donation mortis causa Abstract Inheritance law, in its broader concept donation mortis causa falls, is being referred to as the hearth of civil law since it interconnects both proprietary (contractual) and personal (family) aspects. Czech civil law recodification meant significant change of inheritance law legislation, including renaissance of wide range of legal institutions including donation mortis causa. This thesis aims to comprehensively and critically assess legal regulation of donation mortis causa in the Czech Civil Code. The emphasis is primarily put on problematic aspects of this regulation. The submitted thesis endeavours to find answer to the question of practical usability of the donation mortis causa. Its author attempts to provide a reasonable interpretation of provisions of lex lata concerning the subject matter of this thesis. The solution of the most serious legislative problems is proposed within the summary of the submitted text. As for the structure, this diploma thesis is divided into six parts, with each part being split in chapters and sub-chapters. The first part depicts the genesis and further evolution of the legal institution of donation mortis causa. The second part defines the terms fundamental for the thesis. This part also includes the answer to the ancient question, how to...
Establishment and revocation of adoption in our country and in other legal systems
Němec, Viktor ; Frinta, Ondřej (referee)
Establishment and revocation of adoption in our country and in other legal systems Abstract The diploma thesis is devoted to the establishment and revocation of the adoption of a minor child in the Czech Republic, the Netherlands and the Australian state of New South Wales. The thesis consists of an introduction, seven parts and a conclusion. In the first part the author deals with the historical development of the institute of adoption in the Czech territory, explaining the idea and conception of adoption according to Czech Civil Code and its division according to theoretical typology. The second part discusses the conditions of adoption. The author pays special attention to the position of the child and his / her best interest, as discussed by Czech law and international human rights conventions. Further explanation is focused on adopter and the position of child's parents. The third part of this thesis is focused on adoption service and adoption's procedurals in the court. In this section, the author describes how the child is adopted. It also deals with the legal position of persons involved in the proceedings, representation and proceedings obstacles. In the fourth part, attention is focused on the consequences of adoption decisions for the child and other persons. The author emphasizes the difference...
Surrogate motherhood de lege ferenda
Kopková, Kateřina ; Frinta, Ondřej (referee)
Name of the thesis Surrogate motherhood de lege ferenda Abstract The thesis deals with the issues surrounding surrogate motherhood. With the first chapter outlining the terms connected with the topic and describing the possible ways parents can find a surrogate mother. The second chapter explores the methods of artificial insemination. The third chapter analyses current legal regulation of surrogate motherhood in the Czech Republic. Including the evaluation of mater sempter certa est principle and section § 804 of Civil Code, the only section, which explicitly mentions surrogate motherhood. The chapter further explores surrogacy contracts and the decision number I. US 3226/16 of the Constitutional Court of the Czech Republic, with an analysis of supporting and opposing arguments with regards to the decision. Chapter four looks into the foreign laws surrounding surrogacy. It reviews not only the variety of state regulation, where surrogacy is legal and accepted, such that of the United States, Ukraine and India, but also regulation that prohibits surrogacy, such as Germany. The topic of surrogacy tourism and the legal uncertainty which this causes is also examined. For instance, the citizenship issues that may arise for a newborn child. Chapter five recounts the opinion of the European Court of Human Rights...
Legal Status of Unborn Child and Need of Its Protection in the Light of Biomedical Development
Urminská, Lucie ; Frinta, Ondřej (referee)
Thesis deals with the legal status of an unborn child within current Czech legislation. In the introductory part, the author attempts to clarify the way in which today's society perceives the value of human life before birth. The author looks at the moment of when life begins from different points of view and also observes artificial interferences with the prenatal development of the child, which are the phenomenon accompanying the development in human knowledge and the use of biomedical technologies. In that context, the author analyses position of the European Court of Human Rights to the issue of the beginning of human life through its decisions. The core theme of the thesis is the analysis of the legal status of unborn child in the Czech Republic and of the protection granted by international and national legislation to the unborn child. The author particularly focuses on private law by examining the relevant provisions of the Act No. 89/2012 Coll., the Civil Code, as amended, which determine the legal status of the nasciturus. Among the crucial institutes to which attention is paid belongs legal personality, legal capacity, but also, for example, legal representation of the nasciturus. Further, the rights and the duties of the nasciturus are discussed, giving more detailed attention to the...
Surrogacy
Pašková, Katarína ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Surrogacy Abstract The thesis deals with the topic of surrogacy as one of the options for treatment of infertility in couples. It deals with the approach to surrogacy taken by the legislator in the Czech Republic and raises the question of whether the current legislation is appropriate. The thesis examines the proposition that in a globalized world, it is not effective to prohibit surrogacy, but it is more effective to define its legal limits to protect the fundamental values and persons concerned. The thesis first defines surrogacy and the basic terms associated with it. It deals with the legal regulation of surrogacy in the Czech Civil Code. It describes the whole process of surrogacy, the legislation that affects it and the risks that are associated with it. First, it deals with the question, whether the law at all allows artificial insemination of a surrogate mother. It also deals with the issues of determining parenthood of a child, adoption of a child and the admissibility of financial compensation to a surrogate mother. It examines whether it is possible to conclude a valid contract on surrogacy and whether artificial insemination of a surrogate mother can be covered by the public health insurance system. It deals with the effects of surrogacy on labour law and social security law. It draws attention...
Private and Public Law Aspects of Doorstep Selling
Veverková, Svatava ; Frinta, Ondřej (referee)
The diploma thesis deals with private and public law aspects which are specific of doorstep selling. The main goal of the thesis is a complex analysis of these aspects, with emphasis put on the issue of consumer protection. The thesis further examines drawbacks of the Czech legislation de lege lata on the theoretical level as well as in applicational practice and confronts these drawbacks with de lege ferenda proposals.

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