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Law regulating property of spouses
Němečková, Adéla ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012). The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil Code for the division of property used after certain...
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The parity and disparity in settlements of common marital property
Sychrová, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis is focused on the theme of parity and disparity in settlements of common marital property. The main aim of this work is to analyze the topic of parity and disparity in settlements of common marital property, which is not summarized complexly in professional literature. The thesis is composed of seven chapters, which are divided into sections and subsections. Chapter One is an introductory chapter which provides the basic starting points and main purpose of this thesis. Chapter Two describes the historical development and conception of common marital property in our legal environment. Encompassing changes from Roman law through to modern Czech law. Chapter Three contains a short introduction to the topic, the basic characteristics of common marital property together with its creation, termination, regimes, modifications, settlement and methods of settlement are described in the beginning of the text. This chapter is used as a base for all other parts of the thesis. Chapter Four is the core of the thesis. It will deal with the conditions, reasons and consequences of using disparity in the case of settlement of community property. The topic is analyzed considering the basic normative starting points of parity and disparity. Current judicature is very important source of this thesis and is...
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Community property of spouses and its settlement
Muzikář, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is primarily based on analysis of practice of the courts and papers, which afford the deeper insight into the relatively short legislation. Certainly could be adopted more particular legislation of the settlement of community property of spouses, decisions on such matters but may not look like as a "juristic machine", which is limited by the particular provisions of law. A key role is played by the legal conclusion of an experienced lawyer who, after analysis of the situation, adjudge in the spirit of the flexible provisions of the law. During the work on this thesis, I therefore had to deal with the different views on the problem and with the obsolete ideas. The work responds to a relatively large number of interpretative differences with the declaration of my own opinion on the problem supported by the relevant arguments. Today we face a very anxious fact that the number of marriages since 1989 is sharply decreasing. This issue is further analyzed in the first chapter where I pointed to some stimuli, which could weaken this trend. It could be very beneficial to realize a sociological research on the factors that cause this adverse trend. In the future it will be interesting to see how these numbers will be affected by the new legislation (i. e. law No. 89/2012 Coll., Civil Code). I...
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The legal institution of settlement
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The legal institution of settlement of property Summary The purpose of my thesis is to analyse the legal institution of settlement of property, an institution which constitutes an important part of legal order, and to point out the problems, difficulties and questions frequently arising out of practice, out of regular encounters with different branches of law, where we can find the institute of settlement. The reason for my research is to characterise several types of settlements of property, make a brief description of each of them, to point out their distinctive features and to examine the interplay of legal institution as described in law with it's real, day to day application influenced by day to day life. The thesis is composed of four chapters, each of them dealing with different aspects of legal institution of settlement of property. Chapter One is introductory and defines basic principles of settlement of property, it's history, the changes and the evolution of this institute. Chapter Two is subdivided into five parts, each of them dealing with one type of settlement of property, including settlement of residential property, and introducing their basic principles and rules. Chapter Three, consisting of five parts, examines the types of settlement of property more profoundly, dealing with relevant...
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The course and consequences of divorce in the family of entrepreneur
Komínová, Jana ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor's thesis deals with problematic of the divorce of marriage in the family of entrepreneur and subsequent settlement of possession between spouses. The work is aimed at the question of marriage which consequently generates a new legal institute of community property of spouses between them. I mention the accurate range of the community property of spouses as well as the enumerations of assets and obligations which are not part of this property. The work is mainly focused on the dissolution of a marriage by divorce and the subsequent settlement of property relations between spouses. The text is based on existing legislation but also uses related jurisprudence of the Supreme Court. Related examples of contracts or agreements are also included.
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Common property of spouses in a case of business activities of one of the spouses
Holoubková, Jana ; Spirit, Michal (advisor) ; Měchurová, Miroslava (referee)
The reason, why I chose this theme - Common property of spouses in a case of business activities of one of the spouses - is its high recency. The aim of my work was to summarize the main information concerning the choosen topic. In the first part of my bachelor thesis I tried to define the main notions, while in the second part I presented three case studies. I hope that these case studies will help the readers to better understand the whole problem. It is important to take into account that this topic is not concerning only the spouses, but also third parties, which can be involved in the law-suit. Therefore I am persuaded that everyone should have at least basic understanding of this problem.
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