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Security of a Debt in the Civil Law of the Czech Republic
Galinskaya, Yuliya ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Salač, Josef (referee)
Security of a Debt in the Civil Law of the Czech Republic Abstract The dissertation work is devoted to the study of the legal regulation of the security of a debt in the civil law of the Czech Republic. The purpose of the dissertation work is to study topical issues in the field of the security of a debt. This study was conducted primarily based on the provisions of Czech law in the field of the security of a debt. Within the framework of this study, we will focus on the issues of a debt security regulation in the framework of Book Four, Title I, Chapter 8, Division 2 of the Civil Code of the Czech Republic. Therefore, the study will focus on the security institutions such as suretyship, financial guaranty, transfer of a right as security, and agreement on deduction from wages or other income. In addition, the legislation of foreign countries in the field of security of a debt. Much attention is paid to the differences in the legal regulation of the security of a debt in countries with a continental legal system and countries with a common law system. The history is considered in detail personal guaranty and property guaranty in Roman law, as well as in medieval law and in such a monument of medieval Czech law as statute Iura Zupanorum (Statuta ducis Ottonis). The dissertation work also considers the...
Compensation for non-pecuniary damage in case of death
Litvina, Anna ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Compensation for non-pecuniary damage in case of death ABSTRACT The diploma thesis deals with the analysis of institute of compensation for non-pecuniary damage to the secondary victim in the event of the death of the primary victim. The aim of the thesis is to analyse the peculiarities of the functioning of the institute for compensation of non- pecuniary damage in the event of death, to identify the current problems of its development and to propose ways of solving them. The first chapter describes the circumstances and history of the establishment of the institute for compensation for non-pecuniary damage, which dates to ancient times, then sets out the development of the institute through the Middle Ages and the modern era to the present day. The second chapter is about the concept of "non-pecuniary damage", its definition and specifying the types of this damage that exist. It focuses on mental suffering, what role they play in a person's life and what effect their experience has in determining the amount of compensation. Then the institute of compensation for non-pecuniary damage is described within the framework of Anglo-Saxon and Romano-Germanic law. The distinction between primary and secondary victims is also presented. The third chapter is devoted to the development of the institute of...
Administration of the community property under the statutory regime
Křivka, Jakub ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Administration of the community property under the statutory regime Abstract The community property is a fundamental institution of matrimonial property law arising between the spouses ex lege as a consequence of the marriage. The basic feature of this type of property plurality is the absence of co-ownership shares. Each spouse thus owns the entire value of the community property and is limited in his or her disposition of it by the equal rights of the other spouse. The spouses thus act as a single person towards third parties in legal dealings concerning parts of the community property. The goal of this thesis is to critically analyse the current legal regulation of the administration of the community property in the statutory regime and the property law institutes related and to point out and provide my own insight into situations for which we still do not have clear solutions. The thesis first focuses on the history of property relations between spouses and their development into their present form. Then the question of the concept of community of property and the values that constitute its content and how they become part of the community of property is addressed. Next, the thesis discusses the issue of administration of the community property in both ordinary and extraordinary matters and provides an...
Acquisitive prescription of estate property ownership
Daňková, Lucie ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Acquisitive prescription of estate property ownership Abstract The diploma thesis is dedicated to acquisitive prescription, as one of the originar ways of acquiring ownership rights, focusing on acquiring ownership rights to estate property. The goal of this work is to provide a comprehensive description of the institute of acquisitive prescription with a focus on acquiring ownership rights to estate property, to analyze in detail the changes that occurred in the legislation of acquisitive prescription as a result of the recodification of Czech civil law, and also to evaluate how these changes interfere with the usability of the institute of acquisitive prescription. The diploma thesis is systematically divided into six chapters. In these, it provides a definition of the basic terms directly related to the topic, a historical excursion of acquisitive prescription, which is completed by a detailed analysis of the previous legislation and jurisprudence, an analysis of the current legal regulation of the ordinary acquisitive prescription of the ownership right to estate property, including the re-established institute of extraordinary acquisitive prescription. Furthermore, the work assesses the applicability of the relevant jurisprudence adopted under the previous legislation, evaluates the decision-making...
Health care (Section 2636 - Section 2651 CC)
Uřičařová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Health care (Section 2636 - Section 2651 CC) The topic of the thesis is health care (Section 2636 - Section 2651 CC), an obligation regulated in the mentioned provisions in Act No. 89/2012 Coll., Civil Code. A contract for health care is the most common legal title for the provision of health care. On the basis of a health care contract, in particular, health care and other health services, according to Act No. 372/2011 Coll., the Health Services Act, are provided, which usually consist of interference with the integrity of a person according to Section 93 and following of the Civil Code. The thesis is divided into seven chapters and a conclusion. The thesis is dominated by descriptive, comparative, analytical and deductive methods of work and research. The aim of the thesis was, on the one hand, to comprehensively present the contractual relationship between the health care provider and the patient, focusing on the health care provider and the patient, as such services will be provided most frequently on the basis of a health care contract, and to present their mutual rights and obligations, and on the other hand, to evaluate the quality of the currently applicable legislation. Within the legal relationship, I have focused in particular on the provider's obligation to provide a proper explanation...
Surrogate mothethood: Comparison with legislation in French speaking countries
Musilová, Kateřina ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Surrogacy is a very current and controversial issue resonating in almost all countries. It is a method of assisted reproduction that is used in most states primarily to treat infertility, but in some it is also available to homosexual couples. Surrogacy is sometimes considered unethical, immoral or against the natural course of nature, especially in its commercial form. The legal regulation of surrogacy and its various forms varies between countries for cultural or historical reasons, but can be divided into three categories. States permitting, states pro- hibiting and states not regulating surrogacy. The aim of this thesis is to compare the legal regulation of surrogacy in selected countries with the legal regulation in the Czech Republic. The thesis compares the legislation in Bel- gium, France and Quebec. Each of these countries has a different approach to surrogacy as such and to its regulation. France is one of the states that prohibit surrogacy, Quebec is one of the states where surrogacy is not explicitly regulated but where surrogacy contracts are null and void, and Belgium is one of the states where surrogacy is in a grey area but where repeated efforts can be seen to establish clear legislation. The thesis also discusses court decisions in individual states that address the most com- mon...
Compensation for injury to the natural rights of man (Section 2956-2968 of the Civil Code)
Rybová, Diana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
68 Compensation for injury to the natural rights of man (Section 2956-2968 of the Civil Code) Abstract This diploma thesis introduces the concept of the institute of compensation for immaterial harm to the natural rights of man in Act No. 89/2012 Coll., Civil Code. The main aim of this thesis is to provide a basic, comprehensive insight into the issue of compensation for harm to the natural rights of man and to present the opinions and thoughts of members of the legal community and my own on some of the widely discussed subtopics. The thesis also analyses the most important changes that distinguish the current regulation from the regulation contained in Act No. 40/1964 Coll., Civil Code. The thesis is based on commentary literature, relevant publications and recent as well as older case law of the Czech courts. The first chapter focuses on the regulation of natural rights, first briefly at the constitutional level, which is important for understanding the solid foundation of natural rights in the legal system. This is followed by the regulation at the civil law level, which is contained in first part of the Civil Code. Furthermore, the thesis examines the institute of liability for damage, the prevention of damage and the basic prerequisites required for the occurrence of damage. The institutes come...
A pain and suffering as a basic personal injury claim
Felix, Vojtěch ; Šustek, Petr (advisor) ; Salač, Josef (referee)
[A pain and suffering as a basic personal injury claim] Abstract The thesis deals with the topic of compensation for pain and suffering as a basic claim for personal injury under Section 2958 of Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to form a basic overview of the examined issue in the Czech Republic and England and their subsequent critical comparison. This thesis is divided into five separate chapters, each dealing with a different part of the issue of pain and suffering from the perspective of Czech and English legislation. In the first chapter, the author discusses important elements and institutes of the previous legal regulation of pain and suffering, especially with regard to their relationship and influence on the current regulation of compensation for pain and suffering under the Civil Code. The author pays special attention to the Decree of the Ministry of Health No. 440/2001 Coll., on compensation for pain and hardship of social employment. The second chapter of the thesis is devoted to individual claims that victims are entitled to claim in the compared legal systems. Within this chapter, the author further focuses on the strengths and weaknesses of the concepts of compensation for non-pecuniary personal injury as a single claim and as a system of partial claims. The third...
Compensation for Personal Injury
Hamran, Richard ; Salač, Josef (advisor) ; Selucká, Markéta (referee) ; Šustek, Petr (referee)
COMPENSATION FOR PERSONAL INJURY ABSTRACT The aim of this thesis is to elaborate on the following questions: Whether and to what extent the compensation for personal injury (or, in other words, compensation for non- pecuniary damage to bodily and mental health) under the new Czech Civil Code (Act No. 89/2012 Coll.) ("NCC") means a (r)evolution in comparison to the previous Czech Civil Code (Act No. 40/1964 Coll.) ("OCC") and what conclusions can be drawn in this regard when comparing the NCC to selected European jurisdictions. In order to answer these questions, the comparative method as the main method was chosen for the purpose of this paper. In particular, this thesis compares the NCC to the OCC on one hand and to German law, Austrian law, French law, English law, PETL and DCFR on the other hand. The paper consists of four main parts: compensation for personal injury in the selected European jurisdictions, under the OCC, under the NCC, and the comparative part. Each of those parts addresses the same three principal issues: fundamental questions of tort law with the focus on compensation of non-pecuniary damage; compensation for personal injury of direct (primary) victims and that of indirect (secondary, third party) victims. Based on the research, we come to the following conclusions: Provided that the...
Acquisition of a right in rem from an unauthorised person to a thing registered in a public register
Černý, Martin ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of a right in rem from an unauthorised person to a thing registered in a public register Abstract This diploma thesis deals with the topic of the acquisition of ownership right to a real property registered in the cadastre of immovables from an unauthorized person based on a legal conduct. This scope of research was determined within a broad assigned topic. The research task of this thesis consists of the analysis of the role and status of legal principles in the mentioned matter and relevant periods of time. The subject of the research is the legal regulation effective until 2014, under which there was no regulation of the acquisition of the ownership right to a real property from an unauthorized person in Czech legal order, as well as the time period after the great private law recodification came into effect in 2014. As a part of the great private law recodification, the new civil code came into effect introducing fully implemented principle of material publicity, thus the possibility of acquisition of ownership right to a real property from an unauthorized person was established by law. This diploma thesis is divided into five chapters. First three short chapters represent the necessary general introduction to the topic, containing the explanation of important terms, that are further used in...

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