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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Relationship Between Private and Public Law: Past and Present
Šafránková, Anna ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
Relationship Between Private and Public Law: Past and Present Abstract This dissertation addresses the dualism of private and public law from Roman times to the present. It focuses on developments in the content of these concepts in a historical context. The dissertation examines primary sources from Roman law and highlights the significant difference between the distinction between private and public law in Roman law and later misinterpretations of the same. Particular attention is paid to the approach legal science takes to private and public law through the various phases of reception of Roman law, noting the political circumstances that led to the use of the dual concepts of ius publicum and ius privatum from Roman law as well as the change in content of those concepts. The dissertation compares the main differences between modern society and the earlier social system, especially with reference to the socio-legal structure of relationships. It describes the modern ideological sources of values on which modern society is based and traces the ways these values are reflected in modern legal systems. Constitutionalism, emphasis on the legal code as the written source of law, the concept of natural rights, and the concept of the legal state (Rechtsstaat) all made their mark on private and public law in...
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Unilateral set-off
Veselý, Martin ; Thöndel, Alexandr (referee)
The subject of the diploma thesis is the legal institute of one-sided credit and comparison of its adjustment from several levels; comparison of legislation in the Civil and Commercial Code, comparison with the Czech version, which in 2012, after the recodification of private law, underwent a fundamental change, thus deviating from the modification until then identical with the Slovak Republic and last but not least with the proposal of a common frame of reference as a unifying platforms for the convergence of the private law adjustments of individual Member States of the European Union. The aim of this work is not only to describe the differences in the legislative approach to adapt this institute across the above mentioned levels, a description of the evolution of this legal regulation, but also the definition of lege de ferenda. The work points to the need for a change in the adaptation of this institute; in particular, the need for a clear definition of the conditions for offsetting the outstanding claim, including the moment of its effect. Only in this way will the legal regulation more converge with the requirements of unifying the platform of the common frame of reference, thus eliminating current interpretative discrepancies or imperfections in the case law. In the lege de ferenda...
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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Private law aspects of trademark protection
Beňasová, Kateřina ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
Název rigorózní práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Private law aspects of trademark protection Abstract This thesis focuses on law of designations in a form of trademarks. Historically, trademark law could be classified as public law rather than private law, however recently the perception has changed as legal doctrine observes developing private law aspects. This thesis centres on private law aspects of trademark law, in particular private law aspects of trademark protection. Its aim is to provide complex overview of means of trademark protection from private law point of view. Relevant provisions include exclusive private rights of trademark's owner and their protection. The owner can protect their rights in various means. First of all, as detailed in the second chapter, the owner of a trademark can prevent future trademark from registration with the trademark registry through filing an objection to opposition proceedings held before Industrial Property Office, provided the future trademark contradicts the older one. Through such objection the owner usually protects their older trademark before registration of new trademark (which would harm their trademark's distinctive character or which would unfairly exploit it) with the trademark registry....
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Private law instruments of environmental protection
Vévoda, Jan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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A theoretical conception of liability in private law
Janeček, Václav ; Beran, Karel (advisor) ; Holländer, Pavol (referee) ; Elischer, David (referee)
(English) What is liability?1 This "big" question has proven to be too tough for many private law theorists during the past 60 years. A dominant Czech approach to liability is the so-called theory of sanction: liability is a secondary duty imposed due to breach of a primary duty. At the same time, however, liability is conceptualized as an active institute, i.e. as liability to fulfil an obligation. This implies a specific "Czech" problem of liability: a paradoxical situation where a man can be liable because he was sanctioned, and also be sanctioned because he was liable. Liability in this sense seems to be an inherently flawed and meaningless concept, since both theories aspire to describe liability to the same extent (co-extensively). The most recent trend in Czech legal theory is thus a sceptical approach that completely eliminates the concept of liability from legal discourse. This is contrary to an ongoing and presumably meaningful debate on liability in foreign non-Czech literature that supports the most recent analytical and normative approaches to European legal regulation and its developments. Unlike in Czech language, this literature treats liability (Haftung) and responsibility (Verantwortung) as two discrete concepts. But why is this so? Wher does the "Czech" problem of liability come...
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Legal Decency (Equity) and Civil Code
Eliáš, Karel
The paper tackles the current legislation pertaining to Czech private law. Equity has its philosophical origin in ancient Greece, it influenced Roman legal thinking and is part of the Czech judiciary.
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Horizontal Effects of Human Rights
Schreiberová, Jarmila ; Ondřejek, Pavel (advisor) ; Wintr, Jan (referee)
The aim of this thesis is to analyse the issue of horizontal effect of human rights, i.e. whether and how they affect the fundamental rights and freedoms of individuals in private law relationships. With the development of society associated with expansion of the catalogue of human rights and with strengthening of their protection, we are witnessing infiltration of human rights into other legal areas than they were present in previously. This raises many questions about their application in such areas, especially questions about the holders of the obligations resulting from those rights. The thesis is divided into three chapters. In the introductory chapter the author describes the theoretical basis of human rights, the concept, development, and especially their specific nature and function compared to conventional legal norms, which is relevant for subsequent correct understanding of their application in horizontal relationships, which is the theme of the second chapter of the thesis. In the second chapter, the author focuses on the horizontal effect of human rights itself. The chapter describes the application of human rights in horizontal relationships, and then focuses on horizontal legal relationships and recipients of human rights as holders of the obligations resulting from those rights. The...
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Easements
Hensel, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to try to provide an analysis of the legislation of easements contained in the Civil Code, to take into account the case law related to the General Civil Code as well as the recent court decisions and express controversy over some aspects that the new legislation offers. The thesis is divided into four chapters, the first chapter is devoted to a brief definition of easements and the kinds of easements. The second chapter analyzes the historical development of the easements. In the first part of the chapter the Roman law, which was the first to regulate the easements, is discussed. Furthermore, the chapter deals with the development of the easements during the Middle Ages, when the easements were joined by the institute of real burdens. The third part of the chapter discusses the legislation of easements in the General Civil Code, which is an inspiration for the current legislation; the relevant case law is not omitted. Finally, the chapter contains a section dealing with the legislation of easements in the so called Middle Civil Code from 1950 and the legislation in the Civil Code from 1964. The third chapter, which forms the main part of the thesis, is devoted to a detailed analysis of the current legislation of easements contained in the Civil Code. The chapter is...
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