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"The matter of the restitution of the church property after 1989"
Karola, Petr ; Kudrna, Jan (advisor) ; Pavlíček, Václav (referee)
The theme of the thesis: ,,The matter of the restitution of the church property after 1989", has been chosen due to the interesting public debate about this topic, which is very interesting, topical, sharp and clearly very controversial. The importance of the issue adds its development, while there are still continually opened new aspects and perspectives of this topic. The topic is significant by ambivalence of opinions, basically a certain helplessness and by the sharp clashes of the different opinions of the professional community. The cause is very simple. It is a problem with very complex historical and legal background. The diploma thesis attempts to uncover the background of the preparation of the restitution process and of the separation of the church and state after the 1989 including their historical background and important constitutional aspects. My goal was to describe a path which led to the enactment of the law about the property settlement with the churches and religious societies in 2012. The intention of this paper is not to cover all aspects of this topic, after all that is impossible in frame of one diploma thesis, but it should provide the reader a formally complex material which clarifies the causes and consequences of the enactment of the Act no. 428/2012 coll., about the...
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The matter of the restitution of the church property after 1989
Karola, Petr ; Kudrna, Jan (advisor) ; Pavlíček, Václav (referee)
The theme of the thesis: ,,The matter of the restitution of the church property after 1989", has been chosen due to the interesting public debate about this topic, which is very interesting, topical, sharp and clearly very controversial. The importance of the issue adds its development, while there are still continually opened new aspects and perspectives of this topic. The topic is significant by ambivalence of opinions, basically a certain helplessness and by the sharp clashes of the different opinions of the professional community. The cause is very simple. It is a problem with very complex historical and legal background. The diploma thesis attempts to uncover the background of the preparation of the restitution process and of the separation of the church and state after the 1989 including their historical background and important constitutional aspects. My goal was to describe a path which led to the enactment of the law about the property settlement with the churches and religious societies in 2012. The intention of this paper is not to cover all aspects of this topic, after all that is impossible in frame of one diploma thesis, but it should provide the reader a formally complex material which clarifies the causes and consequences of the enactment of the Act no. 428/2012 coll., about the...
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Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...
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Collectivization and transformation of Czechoslovak and Czech agriculture in the years 1945 - 2004, legal normative view
Hraba, Zdeněk ; Soukup, Ladislav (advisor) ; Kuklík, Jan (referee) ; Vojáček, Ladislav (referee)
1 Abstract The subject of this work is to monitor a certain section changes the rule of law, regulating the organization and functioning of agriculture in the transition from one mode to another mode and period of stabilization. The work deals with the normative regulation of the Czechoslovak and Czech agriculture in the period of collectivized application form and the second part of the transition period in Czechoslovak and Czech agriculture on the market form. Collectivization and the actual development of the Czechoslovak socialized agriculture is defined as the years 1949-1990, transformation, or rather de- collectivization and the further development of the market, first Czechoslovak and later Czech agriculture, is dated from 1990 almost until today, and this work deals with the investigation of the legislation referred to by 2004, until the accession of the Czech Republic into the European Union. Since 2004 legislation has already ceased to be exclusively a matter of the state and must be adapted to European Union law, as well as the functioning of the market economic conditions of agriculture are modified implementation of the Common Agricultural Policy of the European Union. Collectivization and de-collectivization in this work is conceived in terms of cooperative forms, the specific issue of state...
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The protection of ownership right and property restitution in the case-law of the European Court of Human Rights
Cilli, Michala ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee)
The protection of ownership right and property restitution in the case-law of the European Court of Human Rights. Abstract The topic of this graduation theses is the protection of property as embodied and provided by European Convention of Human Rights and its authorities. The author also pays attention to how the European Court of Human Rights dealt with number of Czech and Slovak complaints concerning the restitution process taking place after the fall of the communism with purpose to rectify at least some of the last regime's wrongs as to the acts of deprivation occurred before the restoration of democracy. Emphasis is primarily put on Strasbourg authorities case law.
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The issue of valuation of church property
Štefková, Anna ; Tesařová, Zdeňka (referee) ; Klika, Pavel (advisor)
In my thesis I tried to look into the issue of state property settlement with churches. This issue stirs public opinion in our society since the mid-nineties. The first chapter endeavours to discover the fundamental principles of the performance of the church in the past. Covering from property acquisition, through its management to the semantic role of property in general. Last but not least, it tries to describe the economic situation of the largest church in Czech Republic - Roman Catholic. The second part seeks to describe the events of nationalization of church property in February 1948, under the applicable legislation from that period. It also gives some insight into other forms of expropriation. The third chapter explore insight into the legislative process of state property settlement with churches and discusses the pros and cons of the problem in general. The fourth and fifth chapter deals with the theoretical question of valuation, valuation methods or valuation regulations. The final section summarizes the control mechanisms, which will protect the recovered property from depreciation in value.
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Analysis of Financial Autonomy of the Catholic Church - Vicariate Kolín
Spudil, Josef ; Přibil, Jiří (advisor) ; Novák, Michal (referee)
This thesis is focused on analysis of catholic church estates in Kolin vicarage. Its output is an information about possibility of independent existence of catholic church in Kolin vicarage -- without financial support of Czech republic -- and possible ways of economy in this vicarage. Situation delineated in this thesis will be changed after Property settlement, which is now (year 2013) at the very beginning.
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Development of church land ownership in the Czech republic and in the world
NOVOTNÝ, Marek
This thesis aims to acquaint the reader with the way in which the property originated and also with the subsequent development of this property in a historical context. The text is divided into four chapters. In the first chapter we can find a list of ways how was the church property originated. Next chapter deals with the development of church property on the territory of our country. The third chapter devotes the development of church property in Europe. The last chapter deals with the settlement of property of chosen countries with churches and religious societies.
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The transformation process in the Czech Republic in the second half of the nineties of the 20th century
Měřička, Martin ; Szobi, Pavel (advisor) ; Tajovský, Ladislav (referee)
The main objective of my diploma thesis is comprehensive analysis of the transition process in the Czech Republic with focuse on the second half of the nineties of the 20th century. In the first part I briefly analyse transition and privatization process in 1991 - 1996. Emphasis will be given to the selected concept of privatization and criticism. Then in a separate sub-chapter I critically judge the procedure of first and second wave of coupon privatization. The second part will be consist of an analysis of the financial crisis in 1996 - 1997 and I'll mainly deal with its causes and implemented measures. In subsequent chapters of the thesis I'll focus on the question of the so-called third wave of voucher privatization, privatization of banks and the role the National Property Fund and the Consolidation Agency. Chosen subject will be the result of the analysis of published sources, the latest literature and papers. An important part will be also studying of daily press and interviews with some economists, which are published or were in mass media. Finally I will try to get some personal interview with someone of the actors, who's involved in this a complex process.
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