National Repository of Grey Literature 617 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Inheritance contract and donation mortis causa
Salač, Josef ; Zvára, Michael (referee)
Inheritance contract and donation mortis causa Abstract This thesis presents, defines and examines two institutes of obligation-inheritance law, namely the inheritance contract and donation mortis causa, in the Czech law. Author deals with the most burning issues which are associated with these legal institutes. Thesis is divided into ten main parts. Each part is being divided into chapters and subchapters then. The first part aims to provide a brief introduction to the law of inheritance. Parts two to five are oriented to the historical genesis with a main focus to the present domestic legislation. Attention is also devoted to special regulations of the inheritance contract of spouses and registered partners. The sixth part presents, defines and puts the institute of donation mortis causa into the historical context. Donation mortis causa is a subject of the research in the Roman law and especially in the Czech law. Thesis analyzes donation mortis causa in both of its modalities occuring in the Czech law. The part seven deals with the Roman-law institute quarta Falcidia, due to its relations with the inheritance contract, donation mortis causa and legacies. The part eight is focused on the issues related to the inheritance contract and donation mortis causa with international element. Attention of this...
Strategy of the defendant in medical litigations over damagesformedical malpractice resulting in injury or death
Kouřílek, Tomáš ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
1 Abstract The thesis is focused primarily on medical litigations in which either patient or (usually) his family apply for a remedy due to a medical malpractice (deviation from medical proffesional duty of care (lex artis) resulting in injury or death of the pacient. Author concentrate on this problematics from the perspective of defendant. At first, he think about setting targets of the hospital (defendant) in the dispute, then he consider ways to achieve these goals (which instruments can be used) . The thesis also consists of analyses of 20 medical litigations. Before the main part author introduces general theoretical questions and refer to the literature on which he based his thesis, as he decided to not deal with general issues. In this context he mentions areas to which, according to him, the doctrine does not yet provide answers. The author's research follows these questions and in following text he concentrates on them and tries to find the answers to controversial questions. These includes, for example, whether in practice the concept of "další nemajetkové újmy" is fulfilled the intention of the lawgiver, wheter the regulation of liberation of liability is applicable in medical litigations and what is its relationship with the "lex artis corrections". After this, the author specifies the methods...
Tenancy in the legal practice
Řeháková, Nikol ; Salač, Josef (advisor) ; Zvára, Michael (referee)
This rigorous thesis deals with the current legal regulation of renting an apartment, especially with the emphasis on evaluating the position of tenant representing the "weaker" part. The aim of the work is to find out whether a tenant really represents the weaker part in the contract and whether it is still appropriate to provide the tenant with the legal protection. The thesis is divided into nine chapters. The first chapter focuses on rental relation in general. The second chapter, following the first one, deals with regulation of rent, which is a current topic today. The third chapter is devoted to legal certainty, which has undergone certain changes since the legal force of Act No. 89/2019 Coll., The Civil Code. The fourth chapter introduces some of the possibilities of security institutes and also points out the possible ways of securing the landlord in case the tenant breaks its obligations. In the fifth chapter, the selected rights and rental obligations are mentioned. The sixth chapter discusses the tenancy issue from landlord's point of view, taking into account even the criminal law level concerning landlord's entry into the tenancy issue. The seventh chapter introduces the prohibited contractual agreements. It also focuses on the amendment Act No. 89/2012 Coll., which returned the...
The Restitution Titles according to the Act on the Property Settlement with Churches and Religious Societies
Pultznerová, Hana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Mgr. Hana Pultznerová: "Restitution titles according to the Act on Property Settlement with Churches and Religious Societies" Abstract I chose "Restitution titles according to the Act on Property Settlement with Churches and Religious Societies" as a theme of my thesis. The first part of the thesis contains a historical excursion, which describes the origin of historical property of churches and the process of settlement of church restitutions in the Czech Republic. Well-deserved space is devoted to the case law of the Constitutional Court, which has played an irreplaceable role in the process of church restitution. Another introductory topic is a description of an Act No. 428/2012 Coll., on property settlement with churches and religious societies. The law is not a pure restitution regulation, because in addition to the restitution of property to church legal entities, it also grants financial settlement, which leads to the complete separation of church and state. I deal with the basic principles of the law, the method of restitution and further financial settlement with church entities. We will find out who is the person obliged to transfer the original property of the churches and who is entitled to ask the transfer of the property. I also deal with the process of transfer agricultural and non-...
The legal reasons for termination of apartment lease
Vajnerová, Markéta ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The legal reasons for terminations of apartment lease Abstract The work is focused on the analysis of a fragment of residential lease law as the institute of the civil law, specifically on the legislation of reasons for terminations of apartment lease according to the Act. No. 89/2012 Coll. More than fifth of the population of Czech Republic uses the apartment on the basis of a lease agreement, and therefore this area is interesting not only from the theoretical point of view, but also of the point of view of its use in practise. This work aims to present the complex issues of reasons for terminations of apartment lease by a thorough examination of current legislation and the use of linguistic, systematic and logical methods of interpretation and to evaluate its use in practical life. In interpretation of individual provisions of the Act, professional legal literature and related case law are also used, which, however, is not extensive due to the relatively short period of validity of the valid legal regulation. Therefore, in these cases, if it is possible, the analogy of previous legislation and related case law is used. The work itself is divided into seven parts. The first part deals with a description of the legal regulation development of the lease apartment throughout the history, the issue of the...
Civil law aspects of the provision of palliative care
Vráblová, Barbora ; Salač, Josef (advisor) ; Holčapek, Tomáš (referee) ; Doležal, Tomáš (referee)
Civil law aspects of the provision of palliative care Abstract This dissertation focuses on topics related to the area of intensive medicine and palliative care. In particular, the clinical environment where legal controversies related to the confrontation of two different approaches, curative and palliative, are discussed. The dissertation follows the structure of the medical law area in common law often called "Law at the end of life". The first part of the dissertation is dedicated to an analysis of relevant concepts in a more general fashion. This includes the concept of medical futility, the legal distinction between 'withholding' and 'withdrawing' life-sustaining treatment and euthanasia. One chapter focuses on the decision-making process at the end of life, and the ways of solving conflicts amongst persons involved in the process. Another chapter is dedicated to a detailed analysis of the Czech regulation of advance directives. The second part of the dissertation focuses on specific issues related to the provision of care at the end of life. These include decisions related to cardiopulmonary resuscitation and DNR orders, the deactivation of pacemakers, and palliative sedation. The final part of the dissertation provides legal analysis of specific cases from clinical practice. The dissertation...
Civil Responsibility on Skiing Slopes
Kučera, Ondřej ; Šustek, Petr (advisor) ; Salač, Josef (referee)
59 Civil Responsibility on Skiing Slopes Abstract This diploma thesis deals with civil liability on skiing slopes. Besides gathering valid standards in the Czech Republic, it also provides insight into foreign legal systems with the greatest emphasis on the French regulation and legal system. A part of the thesis is devoted to the rules of the International Ski Federation, which are widely respected important source of rules in skiing. Examples of their application are illustrated with the case law that inferred their validity, while in other countries the rules were reflected directly in legislation. In the first chapter there is a general anchoring of responsibility in Czech civil law, followed by a brief excursion into the sports law of individual sports, in the third chapter we find a summary of legal and non-legal regulations that apply to activities on domestic skiing slopes, including a bill that in the end did not pass in the Chamber of Deputies. The FIS rules of conduct are introduced by the story of their genesis and international cooperation on their final wording, followed by an official commentary issued by the International Ski Federation for the reason of clarification and interpretation. In the fourth chapter follows the analysis of the application of FIS rules by judicial authorities using...
The relationship between lessee and lessor compared to Airbnb service
Dvořáková, Pavla ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The relationship between lessee and lessor compared to Airbnb service Abstract The aim of this diploma thesis is to analyze the legal aspects of lease pursuant to the general and special provisions of the Civil Code as well as to point out the different and currently ambiguous legislation of the Airbnb online service. As the lease provisions are strongly protectionist in relation to the lessee, who stands as a weaker party to the lessor, I also elaborate on the fundamental rights and obligations of each of the parties. Not only the Civil Code together with other national provisions, which now regulate in detail most institutes related to lease, represent a basic source of the diploma thesis, but also an unforgettable foreign legislation, which is especially with regard to the Airbnb service a very interesting source of inspiration for the future development not only in the Czech Republic. The content itself is divided into five parts. The first of them defines the lease according to the general provisions of the Civil Code together with its essential characteristics, which thus enables an easier understanding of the special regulation of the residential lease. It also suggests in what legislation the housing right, as one of the fundamental human rights, can be found. The second part reviews the Airbnb...
The comparison of the legal regulation of the lease of an apartment and the legal regulation of the lease of a company apartment in the past and in the present
Štěpničková, Aneta ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The comparison of the legal regulation of the lease of an apartment and the legal regulation of the lease of a company apartment in the past and in the present Abstract The aim of the thesis is to compare the legal regulation of the lease of an apartment with the legal regulation of the lease of a company apartment in the past and in the present. This thesis deals with the legal regulation of the lease of the apartment, especially in the period of 1992-2020. The legal status of the lessee and the lessor has changed over the years, the content of this thesis is whether this was in favor of the lessee or the lessor. This thesis is divided into 10 chapters and it is focused mainly on the creation of the lease, the lease contract, the period of the lease, the rent, the replacement housing, and the termination of the lease. At the end of the selected chapters there is the comparison of how the legal regulation of the institute has changed. The first chapter of this thesis defines the basic terms according to the current legal regulation. The second chapter of the thesis is devoted to the history of the lease of the apartment and to the history of the lease of the company apartment. Then the thesis deals with the comparison of the lease of the apartment and the lease of the company apartment according to the...
Evaluation of condominium legislation
Koc, Petr ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Evaluation of condominium legislation Abstract This diploma thesis deals with evaluation of current status of condominium legislation, as it is present in Civil code, its implementing government decree, apartment ownership act and other related legislation. The thesis focuses on evaluation whether the current state is usable by general public, that is by people not equipped with legal education and without the knowledge of related case law, as well as on pointing out the application difficulties that result from unclear or impractical settings in some areas. Such application difficulties are documented by discussions and faulty acts of public administration. The first main topic is division of single object of ownership - the house to individual objects - units. This part deals with the two parallel definitions of units, their mutual differences, questions related to ownership of some parts of the house. Following is the part dealing with common parts, including the question if some parts can be owned by only some of the co-owners of the house, and the question of what is the regime of land around the house. The second main topic addressed is the rights and obligations of unit owner and the way common parts are managed. This part discusses the lack of clarity in the possibility to use common parts and...

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2 Salač, Jan
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