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Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation
Mužík, Vít ; Šouša, Jiří (advisor) ; Soukup, Ladislav (referee)
Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation Abstract The thesis deals with the contract of sale and other selected legal institutes of contract law according to the Act No. 141/1950 Coll., the Civil Code (hereinafter "OZ 1950") while comparing them with the recent legislation contained in the Act No. 89/2012 Coll., the Civil Code. The contract of sale is generally one of the most important means of realizing the autonomy of the will of the subject bearing rights and obligations, moreover it is one of the most frequent ways of transferring ownership. The thesis offers a critical view of the legal regulation of legal institutes in both mentioned codes, when at the same time, both positive and negative aspects of the given legal regulations are pointed out. On this count, in relation to the recent legal regulation, some considerations de lege ferenda are stated, and furthermore some inaccuracies in the prevailing current evaluation of the OZ 1950 are also noted. The legal institutes that are mentioned in this thesis are e.g., legal act, its requisites and defects, the concept of contract and obligation with their theoretical definition, the principles of contract law or certain issues of tort lawin...
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Interest in Real Estate
Nachtigall, Marek ; Šustek, Petr (advisor) ; Salač, Josef (referee)
1 Abstract Interest in Real Estate The aim of this thesis is to provide a thorough analysis od key aspets of the institute of Security Interest in Real Estate, as well as current legislation of this issue. Thanks to the focus on a specific subject of the pledge, i.e. the real estate, given its relatively more permanent nature compared to most other things, as well as the generally longer duration of legal relationships arising from legal proceedings in the application of the institute of Security Interest in Real Estate, the topic which cannot be overlooked consist of intertemporal norms governing the relationship of the effective legal regulation by the current Civil Code and legal regulation contained in the derogated Act No. 40/1964 Coll. of the Civil Code as amended until 31 December 2013. The perspective of the elaboration of the mentioned topic in the level of de lege lata, thus defined, is supplemented by the text of the thesis with some ongoing considerations de lege ferenda within the conclusions resulting from the analysis. Although the essence of general topic of this thesis is a theoretical dissertation, the intention of the text does not resign to possible practical benefits, while the author consistently pays attention to argumentation and verification of key hypotheses, as well as ongoing...
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Contract of sale under business law
Švábová, Jana ; Černá, Stanislava (advisor)
The purpose of the thesis "Contract of sale under business law" is to compare changes of the contract of sale, which occurred as a result of the newly adopted Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to simultaneously take into account the proposal for a European Parliament and Council Regulation on a Common European Sales Law (Common European Sales Law, CESL). The thesis also focuses on selected provisions of the purchase - especially rules governing the acquisition of ownership from unauthorized (and the related principle of good faith) under the new Civil Code. Rules governing the acquisition of ownership were significantly changed. Thesis attepmts to specify rules which are applied in the case one of the contracting parties is in the possition of a consumer. Specific features of contracting process must be taken in consideration due to the protection of consumers and or small and medium- sized enterprises. The thesis is focused on selected aspects of the contract of sale, thus the purchase of property, asset deal or liability for defects are mentioned only in passing.
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Silent partnership contract
Krch, Pavel ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Silent partnership contract Abstract The topic of this rigorous work is silent partnership. Silent partnership is contractual legal relationship which is established by a silent partnership contract. Current valid and effective legislation can be found in the Civil Code specifically in the provisions of § 2747 to § 2755. The rigorous work is systematically divided into five consecutive chapters. In the first chapter, I dealt with the historical development of silent partnership from its beginnings in ABGB until present. I mainly focused on how it changed over time, what was added in the adjustment or what, on the contrary, became obsolete over time. The second chapter is devoted to the current legislation in the Civil Code. I have introduced under what circumstances it is possible to deviate from the legal text and I drew attention to the provisions of § 13 of the Civil Code which introduces so-called "quasi-precedents." Further I focused on the essentials of a silent partnership contract. Attention was focused especially to the subjects and the object. In the case of subjects, I focused on who can be the subject of a silent partnership contract, the possibility of pluralism on the part of the silent partner and on the part of the entrepreneur. In the case of the object, I then thoroughly analyzed the...
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Trust in Czech Law
Skuhravý, Jan ; Plíva, Stanislav (referee) ; Oehm, Jaroslav (referee)
During the legislative works on a new Civil Code for the Czech Republic, it has been proposed that the concept of trust be introduced into Czech law, largely by transplanting the concept of fiducie contained in the Civil Code of Québec. The thesis, after introducing the principal concepts of trust as known around the world today, whether in common law jurisdictions, civil law jurisdictions or mixed jurisdictions, describes the principal commercial uses of trust in trust jurisdictions and analyses the possibilities of current Czech law to replicate the trust function not using the trust. The thesis argues that the classical civilist objections to the possibility to implant true trust into civil law jurisdictions are largely unfounded in respect of the Czech legal system. The thesis further performs a comparative assessment of the Czech Civil Code proposal. It is argued that the legal construct at hand in the proposal is actually not trust, but a mere trust-like arrangement, as it lacks one of the trust's most salient features -- transfer of the trust property by the settlor to the trustee. Apart from that, the thesis analyses specific provisions of the proposal and subjects them critique. Based on this analysis, it introduces a number of proposals for the enhancement of the proposed provisions.
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Recodification of private law from the perspective of the quality of legislation
Pola, Jan ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
1 Recodification of private law from the perspective of the quality of legislation Abstract: The key regulation of the recodification of private law is the Civil Code. Legislative work has insisted on it for many years, and as such, it represents a complete, internally interconnected whole. Since its approval in 2012, it has been gradually adopted by the professional and general public alike, yet when we read it, we always find something new in it that we didn't previously notice. This then leads us to various considerations on how to interpret a specific provision, and how to apply it in practice. The Civil Code is a legally precisely written set of laws, yet it contains certain ambiguities, or even inaccuracies. This thesis deals with proposals for amendments to the Civil Code, submitted to the Chamber of Deputies. There were already a total of thirty-one of these, and six of them have been successful so far. For the individual proposals, the second part of the thesis evaluates the reasons for which the changes are proposed, and also whether these changes are generally necessary, whether they are necessary to achieve the intended goal, whether a change in such a fundamental code as the Civil Code is really necessary, whether the change can be assessed as appropriate, i.e. whether its pros outweigh its...
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Roman law aspects of acquiring poperty in the Civil code
Kadlecová, Tereza ; Bělovský, Petr (advisor) ; Šejdl, Jan (referee)
Roman law aspects of acquiring property in the Civil Code Abstract The thesis deals with the modes of acquiring ownership in the Czech Civil Code, Act No. 89/2012 Sb., as well as in the Roman law. The aim of this thesis is to find the Roman- law context in the modes of acquiring ownership regulated by the current Civil Code. The thesis is divided into three parts, the first deals with the ownership in general, the original modes of acquisition of ownership are analysed in the second part, and the derivative modes of acquiring of ownership in the third. The aim of this thesis is not to describe all possible modes of ownership acquisition in detail, but to briefly introduce them and compare the above- mentioned legislations. The Civil Code is based on principles of Roman law. It is, however, understandable that the current legislation is different from the Roman law, as the Civil Code was adopted almost fifteen centuries after the famous Justinian codifications. The thesis describes the original modes of acquiring ownership. The original modes according the Civil Code include appropriation, discovery, natural accession (incl. accession of an immovable thing, alluvium and tear-off, and accession of movable things incl. acquiring fruits), mixed accession (incl. sowing and planting), artificial accession (incl....
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Voting Rights of People with Intellectual Disabilities
Havelková, Zuzana ; Němec, Zbyněk (advisor) ; Hájková, Vanda (referee)
This diploma thesis focuses on the exercising of voting rights by people with intellectual disabilities. The thesis aims to present the topic of voting rights of people with intellectual disabilities within the domestic and international legislative framework and to explore the perception of elections and voting rights from the perspective of people with intellectual disabilities by applying qualitative research. The theoretical part describes elections, voting rights, specific features of people with intellectual disabilities, and availability of the support to vote. The essential part of the diploma thesis also contains a legislative overview, which anchors the voting rights of people with disabilities. The practical part of the thesis deals with the topic of perception of elections and voting rights from the perspective of people with intellectual disabilities. The partial aims of the research are to find out: how do the people with disabilities evaluate the importance of elections; which factors influence their political choice; which knowledge about the topic of limiting the exercise of the voting right through limiting legal capacity do people with intellectual disabilities have; how do people with intellectual disabilities evaluate the availability of information and support to vote. The...
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The concept and the principle of the Trust
Bulušek, Petr ; Elischer, David (referee) ; Thöndel, Alexandr (referee)
The thesis explains the legal regulation of the trust in the context of its historical aspects, as well as the current legal regulation, and can be a basis for possible solutions of questions and problems arising in connection with the establishment and functioning of the trust in ordinary relations and life situations. A considerable part of the thesis from the first to the third chapter represents a detailed description of the historical context of the trust due to the fact that it is precisely this context that is essential for the right interpretation and understanding of the trust. Thus, taking into account the fact that the trust is in the legal order of the independent Czech Republic a new institution and it has not been understood and accepted by the majority public at first. The historical context may also be important in the point of solving problems of the application when the current local jurisdiction is not yet available. The main part of the thesis consists of its fourth chapter which provides a detailed analysis of the legal regulation of the trust contained in the Civil Code No. 89/2012 Coll. The chapter focuses to highlight the positive contribution of the trust in the Czech legal and social environment as well to refute some of the company's apprehensions about possible abuses of...
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Termination of Employment after Civil Re-Codification
Mlýnková, Alice ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee) ; Chvátalová, Iva (referee)
Termination of Employment after Civil Re-Codification Abstract The thesis deals with different means of termination of employment, which may occur either as an expression of the will of a party or both parties to an employment contract, i.e. the employee or the employer, or as a consequence of another kind of legal occurrence. The paper further researches the impact of the Civil Code, as a general civil law regulation, and amendments to the Labour Code implemented due the Civil Code coming into force on termination of employment and its consequences. Primary focus is on the application of the general regulation of ineffectiveness and voidability of termination as well as on interpretation of employment-related legal conduct under the Civil Code. The thesis also explores the influence of civil-law regulation of time limits and lapse of time on counting of time in labour law. The thesis reflects court decisions related to the Labour Code issued since 2014 when the Civil Code came into force. Following an overview of all means of termination of employment, the paper focuses on individual means of termination by the parties consisting in the unilateral or bilateral expression of will of the parties to an employment contract. These means include agreements to terminate employment, dismissal, summary dismissal...
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