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Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial
Kohout, David
in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole work. It was so not only due to the individual remarkableness of the trial but also due to the fact that it was in many ways a very illustrative for the previous legal development until that time. Additionally, many commentators of this trial attribute it a great impact on the renewal of the interest in the prosecution of former Nazis who were implicated in perpetration of crimes committed until 1945 and who remained at large after the end of war. Therefore this Thesis goes beyond the Eichmann trial and focuses on its broader context in material but also personal sense (in the text it often referred to cases of prosecution of close collaborators of Adolf Eichmann). In the opening chapters this Dissertation, however, starts with events that go far back in time before the Adolf Eichmann trial. This is for the...
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Statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings
Zethner, Aleš ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings Abstract This thesis deals with the possible statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings or, as the case may be, identification of the conditions under which such statute of limitations is possible, since this becomes a current issue in a situation when there is an increase in the number of drawn up wills and length of inheritance proceedings. The thesis describes related legal institutions, including an analysis of related case law, and is applied to a specific case, whereas the author concludes that the statute of limitations of a plea concerning the voidability of a will as part of inheritance proceedings is possible, when the limitation period commences on the day that a disinherited descendant provably learned of the existence of a will and not the drawing up of a will or death of the testate. The author's conclusion, to a considerable extent, contradicts the very latest judgement of the Supreme Court of the Czech Republic which is also analysed in the thesis. From the author's point of view, this judgement is a strongly law-making decision which is not entirely consistent with the previous decision-making of the Supreme Court of the Czech...
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Time and its reflection in law
Bernklau, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Time and its reflection in law This diploma thesis deals with the reflection of time in law. The goal is to capture how time is projected into civil law in regard to the applicable legislation. The thesis is divided into eight chapters, first four of them being general treatises, starting with the fifth chapter and continuing further, all of them are focused on specific one law institution related to time. In the first, general chapter time is defined as a legal event, the difference between time and period is discussed, mandatory principles for this legal area are mentioned, such as principle vigilantibus iura scripta sunt or the principle of honesty. In the part that focuses on specific institutions, are gradually discussed the terms limitation (weakening of a right), lapse (extinguishment of a right), prescription and determination of time. The principle of each institution is discussed first, followed by its characteristics, the difference between the specific institution and other institution and its role in the life of adressees of legal norms. The most thoroughly discussed is the term of limitation with the accent on the essence of this institution, followed by its legal construction, characteristical signs, consequences of vain expiration of the limitation of time, the group of laws that...
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Time and its reflection in law
Kučerová, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Time and its reflection in law Aim of this Master's degree thesis is to explain time as a quantity which influence human's life more than any other and that is one of the most relevant legal events which cause certain consequences in law. The aim of this work is to capture time as a quantity that influences human life more than any other, and that is one of the most legally relevant facts with which the law attaches certain legal consequences. The thesis is divided into nine chapters; the first four are devoted to philosophical and historical introduction to the concept of "time", while the remaining five are focused on the influence of time in the context of the current Civil Code. The first chapter follows the perception of time from the beginning of mankind, deriving primarily from the work of a major Romanian historian and philosopher of the last century - Mircea Eliade. The second chapter is dedicated to time as divisible quantity and describes the different ways to divide time through the day on a longer term units - years. The third chapter discusses the concept of time in ancient Rome from the perspective of the great scholars of his time - Isidore of Seville and Ambrosia Theodosius Macrobius. It describes not only the Roman division of time, but also the development of the Roman calendar...
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Unjust enrichment in business law
Koláček, Michal ; Horáček, Vít (advisor) ; Čech, Petr (referee)
The thesis analyses the legal concept of unjust enrichment in business law. General legal regulation of unjust enrichment itself has never been included in Commercial Code though it had to be interpreted according to the general regulation contained in the Civil Code. This conception remained unchanged even after the re-codification of civil law, which abolished the Commercial Code, thus we no longer need to differentiate between legal relationships which are of a commercial nature and those which are not. The conclusions reached by the Supreme Court in correlation with the previous legislation cannot be completely abandoned - based on the transitional provisions of the Civil Code - the preceding legislation, and therefore the conclusions of the case law relating thereto, remain applicable. The thesis analyses unjust enrichment, mainly from the perspective of civil law. The commercial aspect is provided in comparison to the previous legislation which focuses on the specifics or application problems in relation to unjust enrichment that have arisen in commercial law. For this purpose, the thesis deals with related legal concepts such as limitation of claims resulting from unjust enrichment, the invalidity of legal acts, etc. The thesis consists of five chapters. The first chapter analyses the...
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The sense of time and terms in private law
Kolátorová, Pavlína ; Švestka, Jiří (advisor) ; Elischer, David (referee)
Analysis and description of historical development and of the current legislation of the issues dealing with the meaning of time and periods in the private law. The issues of origin, alteration, or termination of relations within the Civil Law in connection with the time flow. The question of determining a fixed period of time (date) and the time running (periods, times). The issue of a particular determination of the commencement or the termination of the periods, the question of (un)interrupted periods (suspension or termination of the period running), consequences of passage of time. Analysis, historical development, description and comparison of the concept of limitation (weakening of a right), lapse (extinguishment of a right), and prescription, the current legislation thereof. The meaning and consequences of the limitation and the lapse, distinguishing between both the aforementioned concepts.
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Limitations of actions as a legal fact
Paulů, Marek ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Limitation as a legal fact Legal institute of limitation has been a part of the legal system since the days of Roman law, yet it is not a legal relic, which in the modern concept of rights had their place. Limitation is a legal institute that is an integral part of modern legislation and whose meaning in law is a proven tradition of more than fifteen hundred years. The aim of this thesis is to give a comprehensive explanation about the institute of limitation in civil law. This thesis divided into five chapters approaches the status of limitation among other legal facts, subjecting it to a thorough analysis, gives the view on the concept of limitation de lege lata and its evolution in our country through historic civil law codification and compares its approach with adjustments in selected European countries. The first chapter discusses general information about legal facts which are divided by traditional keys and on the basis of this division and between them rest the institute of limitation. The second chapter defines the concept of limitation, refers to its meaning, analyzes its components, tests subjects objection of forfeiture accordance with good manners, calculates the rights that are subject to limitation and states that are contrary legislature declared inviolable. This chapter also...
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Unjust enrichment under business law
Gejdoš, Jakub ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The thesis is focused on the legal concept of unjust enrichment specifically in relation to the area of business law. Although the basic legal regulation relevant also for the area of business law was, and even after the adoption of the new private law codes, still remains in the civil code, the thesis endeavors to focus on certain specifics related particularly to the business relations. For these purposes it deals, in less or more detailed manner, also with other legal concepts, which are significant for the topic and closely related (such as limitation of claims resulting from the unjust enrichment, good faith of legal entities, invalidity of legal acts etc.). The thesis analyses legal acts regulating the institution of unjust enrichment for the area of private law, eventually specifically for the business relations. Especially in the areas where the legal text itself is not exhaustive, it supplies also analysis of relatively extensive case law (available so far only in respect of the previous legislation), eventually also the analysis of expert opinions. It draws attention to certain conflicts in interpretation of individual legal provisions. Considering the recent essential change of the private law basis (new private law codes) the thesis provides to a considerable extent comparison of the...
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Unjustified Enrichment in Business Law
Loukotová, Šárka ; Horáček, Vít (advisor) ; Elek, Štefan (referee)
Unjustified Enrichment in Business Law Abstract The aim of my thesis is to analyse the concept of unjustified enrichment in connection with the commercial law. In fact this topic is usually described in the civil law studies and at the same time the unjustified enrichment is minor topic compared to the obligations arising from the contracts. This is the reason why I have chosen this issue describe and focus on the business aspects. The thesis is composed of seven chapters. Chapter one as an introduction defines basic legislation acts, which I am dealing with throughout the thesis and roughly describes there are changes in connection with the extensive recodification of the Czech private law. Chapter two is subdivided into two parts. Part one focuses on the origin of the unjustified enrichment in Ancient Rome as the base for the civil law. Part two provides an outline of past legislation within the territory of the Czech Republic until its establishment. Chapter three concentrates on the legislation effective until 31 December 2013. It illustrates the approach to decision-making by the Supreme Court including the decision-making in connection with the limitation of rights according to Commercial Code. Chapter four analyses the changes after New Civil Code came into force in relation to commercial law. Here...
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Unjust enrichment under business law
Jančařík, Ondřej ; Horáček, Vít (advisor) ; Čech, Petr (referee)
1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.
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