National Repository of Grey Literature 621 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Formation and termination of marriage with respect to property issues
Kovandová, Radka ; Salač, Josef (advisor) ; Lederer, Vít (referee)
The aim of the rigorous thesis entitled Origin and termination of marriage with regard to property rights is the analysis of marriage institutes and marital property. These institutes are characterized in terms of their origin, duration and extinction. The work is divided into three large chapters, the first chapter deals with the origin and termination of marriage, the second chapter is devoted to the concept of marriage and the last chapter is devoted to the comparison of legal regulations in the Czech Republic, Germany, Austria and France. In addition to these parts, the work has an introduction at the beginning and a conclusion at the end. In Chapter 1 I analyze the regulation of marriage from the point of view of civil law. The chapter discusses the concept and purpose of marriage, engagement, procedure of marriage, prerequisites of marriage and marriage (marital capacity, marriage declaration and marriage ceremony), special ways of marriage (marriage representative, marriage abroad, marriage in direct threatening the life of the fiancé) and finally the legal consequences of marriage. Another area is to analyze the regulation in terms of canon law. In this part the concept of marriage by ecclesiastical law, engagement and preparation for marriage, obstacles to marriage and the formation of...
Proxy decision making for incompetent patients
Francová, Terezie ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
1 Proxy decision making for incompetent patients Abstract The author of this thesis discusses the applicable Czech legislation on the proxy decision making for incompetent patients and the provision of medical care without informed consent. The thesis is divided into six parts, while the first part is devoted to the definition of the basic terms that are directly related to this topic and which are repeatedly used herein. These basic terms are the following: health services and healthcare, informed consent and the patient. The second chapter is devoted to sources of law, which are divided into three levels - international sources, European Union law and national sources. Within the national regulation, attention is focused mainly on Act No. 372/2011 Coll., On health services and conditions of their provision, as amended. It also outlines the issue of the duality of legal regulation, that was caused by the adoption of Act No. 89/2012 Coll., Civil Code. The third chapter deals with surrogate consent, attention is paid mainly to resolving conflicts of opinions and to the best interests pricniple, as to the key factor when granting the proxy consent. The fourth chapter is devoted to the institute of previously expressed wishes. The fifth chapter analyses the issue of providing health services to vulnerable...
Animal and duty to provide compensation for damage
Kubečková, Barbora ; Lederer, Vít (advisor) ; Salač, Josef (referee)
Animal and duty to provide compensation for damage Abstract As of 2014, an animal is no longer considered a mere thing within the Czech legal system. The legislator thus responded to society's changing attitude towards animals. Animals have gained in importance also in private lives. It is not exceptional for an animal to take on a role of a close companion today. However, due to their unpredictability animals often find themselves out of human control. Consequently, damage to legally protected goods often occurs. This diploma thesis concentrates on damage caused by an animal as well as damage caused to an animal. The aim of the thesis is to provide a complex insight into the legal regulation of compensation for the damage in question and to evaluate whether the regulation adequately reflects the special nature of an animal as a living creature, especially in the context of dereification of animals. The thesis is divided into four chapters. The first chapter is devoted to an animal and its legal status. First, the chapter focuses on the conceptual definition of an animal. Subsequently, the phenomenon of dereification of animals is discussed. The chapter identifies interests pursued by the dereification of animals and rejects the notion of dereification as a mere proclamation without practical consequences....
Residential Lease
Princová, Zuzana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
1 RESIDENTIAL LEASE ABSTRACT This thesis aims to analyze current legal aspects of the residential lease which is regulated in the Act. No. 89/2012 Coll., the Civil Code. For better orientation in the text, the author divided this thesis into seven chapters, where she described the regulation in detail. The first chapter is dedicated to the current regulation of the lease. If the special regulation of residential lease is missing, it is necessary to use common regulation. The author described briefly the contractual parties, the subject of the lease, duration of the lease, and termination of the lease. The second chapter starts with the history of residential law and defines basic terms of the residential lease such as the house, the apartment, corporate housing, and cooperative apartment. The third chapter is devoted to the creation of the residential lease with the written contract and with the unwritten one. It takes into account the creation of residential lease by the other ways such as the death of lessee, the contract of accession, or marriage to the lessee as well. The author speaks about the handing down of the apartment and the issues of paying the rent. The fourth chapter is dedicated to the legal rights and obligations to the lessor and the lessee. It adjusts the repairs of damages and defects by...
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...

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