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The Specifics of Children Interrogation
Folprechtová, Kateřina ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
in English, Title and Keywords The Specifics of Children Interrogation Children, meaning people under 18 years of age, appear in criminal procedures rather often and have various process statuses. Therefore, they can get into a situation in which they have to be interrogated. In these cases, they need a different approach than adults. Moreover, they also deserve an extra level of protection. Legislation has taken this into account by specifying how children should be treated during criminal procedures, interrogation included, in numerous details. Amongst these legal provisions, one can find for example the legal provision about necessary protection of minors, about the presence of certain other people during interrogation or the provision regulating the possibility of interrogating children before the prosecution officially begins. Both the Constitutional Court of the Czech Republic and also the European Court of Human Rights have commented on the possibilities of interrogating children before the prosecution start and then using such obtained protocols, especially on the aspect of preserving the rights of defense. Both have declared that such obtained evidence can be used in criminal proceedings despite the fact that the right to a fair trial has been violated, because there are either other...
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Termination of the Lease of an Apartment by Notice
Krtička, Daniel ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Termination of the Lease of an Apartment by Notice Abstract The thesis deals with the issue of the notice of lease of an apartment as one of the traditional institutes of lease law. Notice of lease of an apartment is primarily regulated in the Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC"), in the special provisions on the lease of an apartment and a house in the section regulating the termination of the lease (Sections 2286 to 2291 CC). Secondarily, however, it is also necessary to rely on other special provisions on the lease of an apartment and a house (e.g. in the case of an inherited lease according to Section 2283 CC) or general provisions on lease (e.g. in the case of notice of lease due to the unusability of the thing for the agreed or usual purpose according to Section 2227 CC). The regulation of the termination of the lease of a cooperative apartment was excluded by the legislator from the Civil Code, as it is contained in the Act No. 90/2012 Coll., on Commercial Companies and Cooperatives (Business Corporations Act). The subject of the thesis is to give a comprehensive overview (including the current judicial decisions) of the legal regulation of the notice of lease of an apartment, both in Czech and German law. The thesis also deals with the issues that may be...
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Apartment lease termination in terms of substantive and procedural law
Sobotková, Žaneta ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Apartment lease termination in terms of substantive and procedural law Abstract The diploma thesis is focused on particular reasons of the apartment lease termination, according to the Civil Code no. 89/2012 coll. and act no. 90/2012 coll., corporate law. The legal regulation in the civil code no. 89/2012 coll. is not comprehensive, and therefore this thesis deals with the reasons that are set out in both the special provisions on the apartment lease termination the termination of an apartment and a house, as well as the reasons arising from the general provision on the lease and termination of obligations. The thesis consists of an introduction, seven chapters and a conclusion. It is based on valid legal regulations, case law, professional literature and other sources. The first chapter outlines the historical development of the institute of renting an apartment and its demise. The basic law became the General Civil Code, which applied in the territory of the Czech republic on the basis of the Reception Act of 1918. The discontinuity with the previous legislation occurred in 1948 after the Communist Party took over political power. Then the Civil Code No. 141/1950 Coll. and the Civil Code No. 40/1964 Coll. were adopted. The second chapter discusses the institute of tenancy, lease agreement and the concept...
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Lease of the property for business purposes
Řeháčková, Ivana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of this final thesis is to provide the outline of the effective legal regulation of the lease of the property for the business purposes. After short introduction of the lease as a legal institute itself and its usage in business area of life, the thesis then concerns itself with the particular questions that are subject to legal regulation of the lease of the property for business purposes constituted mainly by the Civil Code. Amongst these questions the basic necessities of the lease agreement that are required by the law are described first, then the mutual rights and obligations of the contracting parties and finally the matters related to the termination of the lease.
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Notice in the French employment law compared with the employment law in the Czech republic
Jakubec, Martin ; Morávek, Jakub (advisor) ; Koldinská, Kristina (referee)
Abrégé Cette memoire a pour le but la présentation de la demission et le licenciement dans le droit du travail français et la comparaison de ceux-ci avec le droit du travail tchèque. La partie préliminaire présente en bref le code du travail français et explique aussi le statut du salarié et de l'employeur dans le droit français et mentionne des problèmes qui s'attachent à cette problématique. La partie préliminaire, qui parle du caractère élémentaire de la relation de travail est suivie par la seconde partie, la partie principale, qui disserte sur des conditions dans lesquelles la relation de travail peut être rompue dans le droit français et compare leurs différences avec le droit tchèque. A la fin l'auteur délibère sur ceux différences et leurs avantages et désavantages.
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Tenancy expiration
Čermáková, Pavlína ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topis of this thesis focuses on the institute of civil law, namely tenancy expiration. The aim of this work is getting acquainted with this issue and clarifying the separate institutes of tenancy expiration and other concerning notions, particularly on the basis of acts, legal theory conclusions and judicial practice with help of the compilation method. The thesis introduction is dedicated to tenancy as an institute which is in our law system conceived as a protected one. In this circumstance, also tenancy contract is mentioned here as one of the most common reasons establishing the right to housing, explanation of the notion lodging and of other institutes on the basis of which tenancy origins. The key point of the thesis is tenancy expiration and connected procuration of lodging replacement. In the next parts of the thesis, a discourse follows regarding the general forms of tenancy expiratioon which result from the general provisions of the Civil Code concerning tenancy, but also concerning special forms of tenancy expirations, mainly eviction. The proposed amendement to the Civil Code is evaluated here, whose aim should be to widen the autonomy of the will of tenancy relation parts and at the same time to reinforce the lessor's disposition authority. The thesis conclusion is dedicated to the...
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The comparison of termination of labour relation in Czech and Slovak republic
Šebo, Eduard ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This work deals with problems of the termination of labor relation in the Czech Republic, as well as Slovak Republic. I approached this topic by comparing the currently valid regulations as stated in the Labor Codes of the Czech and Slovak republics. I consider thorough knowledge of this issue to be of great practical importance. I am convinced that labour is one of the most important attributes determining systemic functioning of the whole society. From the presentation of the labour as a basic means of production of any state system we can deduce a great amount of interesting information. The work is and always has been a prerequisite to our survival and is thus the foundation of any state system. My thesis is divided into six separate chapters, each of which deals with labor law from a different perspective. The first chapter deals with the subject, purpose and content of labor law. The second chapter describes the history of the labor law and is divided into two parts before and after 1989. Therefore it also describes the situation in Czechoslovakia, where identical laws were applied in all legal sectors. The third chapter is concerned with the meaning of employment as a legal institute. In chapters four and five I described the termination of labor relation in the Czech and subsequently Slovak...
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Termination of flat lease
Jaša, Jaromír ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This thesis deals with termination of flat lease. The main aim of this thesis was to focus on particular ways by which lease of flat terminates. Significant part of the thesis is devoted to termination of flat lease by notice, which is relatively in detail defined on Act. No. 40/1964 Col., the Civil Code. The Supreme court's decisions are published in the thesis very often, because these decisions take irretrievable place in the field of termination of flat lease. The thesis contains also short discourse about several questions concerning termination of flat lease.
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Art group 12/15 and its place in the second half of the 20th century Czech art
Mayerová, Miroslava ; Bláha, Jaroslav (advisor) ; Kornatovský, Jiří (referee)
Miroslava Mayerová Title of the Bachelor's Thesis: Art group 12/15 and its place in the second half of the 20th century Czech art Abstract This thesis focuses on the evolution and influence of art group 12/15 on socio-cultural development of society in the second half of the 20th century. The theoretical part encompasses the socio-cultural environment and historical situation before and during the formation of the group, describes its formation, and presents the work of individual group members until their second joint exhibition. The didactic part teaches students the group's activities by utilising concepts used by 12/15. The practical part of the work carries out didactic task and by form of self-assess evaluates its feasibility and usefulness. The work includes historical documents and articles about group.
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Notice of Termination - Comparison of Czech and German Legislation
Válová, Veronika ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The topic of my thesis is An Employment Notice, comparing Czech and German regulation. The purpose of the thesis is to describe and to analyse an employment notice according to Czech Labour Codex and German Labour statutes. First chapter presents legal principals. Second chapter is to consider the role of international organisations and the European Union within in the context of an employment notice. In next one types of employment termination are introduced, for instance an agreement on employment termination, the institute of an employment notice, termination due to employee's death and an employment termination of fixed period. Following chapter is crucial one for the aim of my thesis. It is divided into several parts which deal with reasons of employment termination by an employer, types of an employment notice, delivery, grounds of employment notice, notice periods, and a protection against an employment notice. That chapter also contains comparison of Czech and German law. Next part of my thesis is to be concerned with collective dismissal in Czech and German regulation. In my conclusion I summarize essential differences between both national regulations and try to outline suitable regulation legal arrangement of an employment notice "de lege ferenda".
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