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Matrimonial Property Law
Francúzová, Adéla ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
The thesis deals with matrimonial property rights. Given the extent of chosen topic, it is focused primarily on the institute of joint property of spouses. Thesis focuses also on institute of joint tenancy of spouses. For extensive complexity brief excursion into family law is included. It is followed by general interpretation to the concept marital property law including historical context. The attention is also paid to solitary term of and origin of common property law of spouses. Crucial of thesis are chapters subject of marital joint property, its termination and settlement of the common property. Neither the concept of management, modification its law regime and acquisition of business share of the limited liability company under the joint property has been omitted. In closing part, chapter regarding joint tenancy is included. The thesis has been completed in accordance with civil code to be effective by 1st of January 2014. Areas, that experienced significant changes as a result of recodification, are analyzed with accordance with new legislation and its potential impact are evaluated.
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The activity of a notary in relation to the common assets of spouses
Králová, Martina ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
This rigorous thesis deals with the activities of notaries in relation to the common assets of spouses. The theme was chosen because of the profession of the author, who works as a permanent representative of the notary. The purpose of this thesis is not a detailed interpretation of all legal provisions in the common assets of spouses, or to answer any questions that this legal institute initiates. Its aim is to preview the common assets of spouses from the perspective of a notary, who acts in the position of the impartial and independent person, equipped with professional knowledge. The rigorous thesis is divided into six chapters. The first chapter describes the legal regulation of the common assets of spouses. The second explains the basic concepts related to the notary and notary activities, and it also deals with the notarial records of agreements modifying the common assets of spouses. The third chapter deals with probate proceedings in connection with the common assets of spouses. The fourth focuses on the acquisition of real estate property by spouses. In the fifth chapter I describe some of the European legislation of the marital property law. The sixth chapter deals with the amendment of the Civil Code in relation to the common assets of spouses.
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Community property de lege lata
Svejkovský, Vít ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to introduce the issue of marital property, which I consider is still up to date. That is what I also learned during an internship at the court. I chose this topic mainly because I find it very interesting and important. This topic is very closely related to the family, which I consider to be the core of the society. The society without the family could not simply work. Joint property of spouses is one of the key nodes of the society. Not only the relationship between the spouses themselves, but also in relation to third parties. The thesis consists of six chapters, where most of them are further divided into subsections. The first chapter deals with the historical context of the development of joint property. This leads to an understanding of the current legislation. The second chapter deals with how the joint property is created and what constitutes the content of the joint property. That means assets and liabilities. In addition, it is pointed out what by the law cannot be part of the joint property. The third chapter of the thesis deals with the disposal of the joint property of spouses. Such disposal of joint property management concerns not only common, but also the non-common administration. Also an important point in this part is the relation between business activities and...
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The Portrayal of Jane Austen's Male Characters/Charakteristika mužských postav v románech Jane Austenové
HALAMOVÁ, Anna
The thesis introduces Jane Austen as the founder of the realistic tradition of Victorian novel, also as the representative of sentimentalism in English literature. Furthermore, it briefly characterizes the key novels which are going to be analysed in the practical part. The main aim is to characterise the male characters besides the traditional portrayal of the independent heroines. The thesis compares analysed novels from heroes' point of view a tries to stress out their importance beside the heroines.
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Marriage
Bídová, Martina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
MARRIAGE The purpose of my thesis is to describe and to analyse individual aspects of marriage. The reason for choosing this topic is the fact that the marriage is legal institution which is part of life of nearly every single person. The aim of this paper is to analyse this topic from the view of the current legislation on the conclusion of the marriage, on mutual relationships between spouses and on the end of marriage. The thesis is composed of four chapters, each of them dealing with different aspects of the marriage. Besides these four chapters the paper also contains the introduction, the conclusion, appendices and bibliography. Chapter One contains basic and historically most important facts and periods that affected development of the institution of marriage starting with Roman law, next dealing with significant influence of canon law which constituted rules and principles that define marriage basically up to this day. Finally it describes conception of this legal institution nowadays. Chapter Two examines the concept and the purpose of marriage, statutory requirements and qualifications for conclusion of marriage, proceedings preceding conclusion of marriage and formalities of wedding. The important part of this chapter is treatise on the legislation on nullity and non-existence of...
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Community property
Bartková, Miroslava ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
The presented thesis is called Community property. It deals with property relations between spouses as well as relations between spouses and third parties. The work deals with the characteristics of community property of spouses. It refers primarily to the current legislation; however, one part is dedicated to the historical development of the institute because of its importance. The thesis tries to outline issues that may arise between the spouses while applying their rights and obligations, but also simultaneously to find appropriate solutions. All this using the available specialized sources such as literature, law, or findings of the expert public.
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The Motivation of Spouses to stay together after a Brain Injury
Vaněčková, Anna ; Kulišťák, Petr (advisor) ; Šulová, Lenka (referee)
This diploma work deals with the situation of married couples, people who suffered a brain damage. After a brain damage many various mental changes of grave importance may appear apart from the physical consequences. These consequences affect not only the person that suffered the brain damage but also his closest mainly his partner and affect also the quality of their marriage. The theoretical part of the diploma work deals primarily with the importance of the marriage from the sociological and the psychological point of view as well. Further the work focuses on the brain damage itself and its consequences. The attention is further drawn to the impact of such situation on the husband or wife of a person after brain damage. Following part deals with the motivations for marriage. The empirical part of the work focuses on qualitative research based on eight individual in-depth interviews with husbands/wives of a person after a brain damage. The main goal of the work is to map the motivation of a husband/wife of the individual after a brain damage for remaining in marriage and identify other factors connected with this motivation.
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Common property of spouses
Studená, Lucie ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The Master´s Thesis deals with the common property of spouses. The work aims to present a comprehensive overview of the legal regulation of common property of spouses and focus on changes in new Civil Code, which takes effect in January 2014. The second objective of this work is to apply theoretical findings on concrete examples of judgement. The work is divided into two basic parts; theoretical and practical. Theoretical part consists of historical development and current legal regulation of common property of spouses. Practical part contains several practical cases of judgement.
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Joint property of married couples and insolvency proceedings: Study 5.318
Kavěna, Martin
Práce popisuje účinky insolvenčního řízení na majetek v SJM v případě úpadku jednoho nebo obou manželů, a to s přihlédnutím k aktuální odborné literatuře a judikatuře. Práce popisuje jednotlivé způsoby řešení úpadku manželů (zejména konkurs a oddlužení, event. reorganizace u OSVČ), vč. procesních otázek souvisejících s podáním insolvenčního návrhu a návrhu na oddlužení. Práce dále popisuje postup při uplatnění pohledávky náležející do SJM, jestliže jsou manželé v postavení věřitelů.
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Common property of spouses in case of business activities of one of the spouses
Večeřová, Stanislava ; Spirit, Michal (advisor) ; Měchurová, Miroslava (referee)
This bachelor thesis deals with the common property of spouses in case of business activities of one of the spouses. The work is divided into two basic parts. The first, theoretical part covers the main concepts of common property. Firstly, the conception of common property of spouses is explained and the importance of this legal institute is mentioned from the general point of view. In addition, the work is devoted to the common property for the case that one of the spouses is active in business. In this part there is the definition of entrepreneur and business activities which impact on the common property of spouses. The main part of the work deals with different possibilities how the legal regulation of common property of spouses can be changed and how the non-business partner can be protected. Conclusion of the theoretical part contains information about the new Civil Code and modification that affects the common property of spouses. The second, practical part, deals with concrete examples through case studies. There is the processed information on how to change the common property of spouses in practice and some actual examples of judgement.
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