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Common property of spouses and entrepreneuship
Pavlorková, Darja ; Thöndel, Alexandr (referee)
Common property of spouses and entrepreneurship Abstract Presented diploma thesis on common property of spouses and entrepreneurship aims to provide a comprehensive overview of current national legislation of common property of spouses with a particular focus on entrepreneurship issues with subsequent evaluation of legal regulations, criticism of identified legal defects and proposing solutions. Sufficient space of a diploma thesis is also devoted to de lege ferenda considerations in connection with the comparison of national law with the legal regulation of matrimonial property law in the Federal Republic of Germany. The legal regulation of the institute common property of spouses in the Civil Code does not give answers to all questions arising, therefore, the case law of the Supreme Court of the Czech Republic is widely used in the thesis. In the text of this diploma thesis are proposed legislative changes which it would be appropriate to think about in the future. Case-law of the courts of the Federal Republic of Germany and the case-law of the European Court of Justice is also not omitted. To achieve the proposed goals is the text of the submitted diploma thesis next to the introduction and conclusion structured into seven chapters. First of all attention is focused on the historical development of...
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Common property of spouses and entrepreneuship
Pavlorková, Darja ; Thöndel, Alexandr (referee)
Common property of spouses and entrepreneurship Abstract Presented diploma thesis on common property of spouses and entrepreneurship aims to provide a comprehensive overview of current national legislation of common property of spouses with a particular focus on entrepreneurship issues with subsequent evaluation of legal regulations, criticism of identified legal defects and proposing solutions. Sufficient space of a diploma thesis is also devoted to de lege ferenda considerations in connection with the comparison of national law with the legal regulation of matrimonial property law in the Federal Republic of Germany. The legal regulation of the institute common property of spouses in the Civil Code does not give answers to all questions arising, therefore, the case law of the Supreme Court of the Czech Republic is widely used in the thesis. In the text of this diploma thesis are proposed legislative changes which it would be appropriate to think about in the future. Case-law of the courts of the Federal Republic of Germany and the case-law of the European Court of Justice is also not omitted. To achieve the proposed goals is the text of the submitted diploma thesis next to the introduction and conclusion structured into seven chapters. First of all attention is focused on the historical development of...
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Property Consequences of the Termination of Marriage, Comparison in German and Czech Law
Vrchotová Neumannová, Kateřina ; Zvára, Michael (referee)
The aim of this thesis is to summarize and analyze the concept of matrimonial property law with an emphasis on the consequences and possible measures if the marriage is reversed or terminated by divorce. In addition to the introduction of this institute in the Czech legislation, this work also deals with the legal regulation of matrimonial property law of the Federal Republic of Germany. The work is focused on the development of matrimonial property law after the private law recodification in the Czech Republic, altogether with setting the term into historical context and evaluating the influence of previous legal regulations. The historical introduction of the Czech and German legal regulations is followed by a chapter devoted to the issue of formation and termination of property relations between spouses in both countries. As divorce is the most common way of termination of marriage and property relations in both countries, special attention is paid to the consequences that spouses may be affected by, as well as to the options that can be chosen in the event of marriage and property relationships being lost during the life of the spouses. As a result, one of the chapters also lists property regimes that exist in addition to the statutory regime, thereby, in the Czech Republic a contractual regime...
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Matrimonial Property Regimes
Novotná, Dominika ; Šustek, Petr (advisor) ; Dvořák, Jan (referee)
1 Abstract: Matrimonial Property Regimes This rigorosum thesis addresses marital property rights in the broadest sense as encompassed by Act 89/2012 Sb., Civil Code, as amended. Chapter One gives a historical background of marital property rights. From a historical point of view, however, community property comes to the forefront and it is its historical development that is paramount to our understanding joint ownership. I first discuss Roman law, as it created the legal basis for joint ownership. I then go on to discuss in more detail the individual civil codes and related laws that have been in force in the Czech Republic since the so-called Josephine Code, which came into effect in 1787. The Josephine Code was followed by Imperial Patent No. 946/1811 Sb., General Civil Code, which was in effect in the Czechoslovak Republic until it was replaced by Act No. 141/1950 Sb., Civil Code. New Family Act No. 265/1949 Sb. also came into effect. Act No. 40/1964 Sb., Civil Code was adopted together with new Family Act No. 94/1963 Sb. and was subsequently replaced in 2014 by Act No. 89/2012 Sb., Civil Code. Based on the applicable Civil Code, community property can be viewed as a legal regime, contractual regime or a regime established by a decision of the court. The second chapter of this rigorosum thesis addresses...
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Seizure of property of the obligor spouse in execution of judgement proceedings
Vernerová, Martina ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
1 ABSTRACT SEIZURE OF PROPERTY OF THE OBLIGOR SPOUSE IN EXECUTION OF JUDGEMENT PROCEEDINGS The topic of this rigorosum thesis is seizure of property of the obligor spouse in execution of judgement and execution proceedings. "Seizurable property" in this context is property in community property of spouses (the obligor and their spouse), together with other property values belonging to the obligor spouse, such as their pay, pecuniary claims and other property rights that are not part of community property of spouses. The question of seizure of these other property rights has been a subject of an ongoing debate to which this thesis aims to contribute. Not much attention was paid to the issue of seizure of property of the obligor spouse in the past, but over the course of the seven last years, it has seen three major legislative changes which have made it a subject of public debate. These modifications, however, have also made it difficult to grasp for parties to a case, courts and court executors in their practice. Therefore, the aim of the present thesis is to critically assess the relevant legislation in selected periods of time, analyse its bases as well as its impacts on the obligor spouse in execution of judgement proceedings, and to point out to facts that have escaped the notice of experts. The thesis...
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Common property of spouses and entrepreneuship
Pavlorková, Darja ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Common property of spouses and entrepreneurship Abstract Presented diploma thesis on common property of spouses and entrepreneurship aims to provide a comprehensive overview of current national legislation of common property of spouses with a particular focus on entrepreneurship issues with subsequent evaluation of legal regulations, criticism of identified legal defects and proposing solutions. Sufficient space of a diploma thesis is also devoted to de lege ferenda considerations in connection with the comparison of national law with the legal regulation of matrimonial property law in the Federal Republic of Germany. The legal regulation of the institute common property of spouses in the Civil Code does not give answers to all questions arising, therefore, the case law of the Supreme Court of the Czech Republic is widely used in the thesis. In the text of this diploma thesis are proposed legislative changes which it would be appropriate to think about in the future. Case-law of the courts of the Federal Republic of Germany and the case-law of the European Court of Justice is also not omitted. To achieve the proposed goals is the text of the submitted diploma thesis next to the introduction and conclusion structured into seven chapters. First of all attention is focused on the historical development of...
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Status of an obliged person's spouse in the execution proceedings
Cejnarová, Jitka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Status of an obliged person's spouse in the execution proceedings Abstract The topic of this rigorous thesis is "Status of an obliged person's spouse in the executory proceedings". I got to this topic through my professional experience at the District Court of Prague 5, where I worked as an assistant of a judge for more than a year. As part of this work, I prepared decisions on the procedural motions of the parties to the execution proceedings, including the motions of the obliged person's spouse to a partial discontinuance of the execution proceedings for a judge. As a result of the fact, that I devoted to these motions because of their increasing number still more and my interest in the issue of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce the obliged person's debt and my knowledge about this issue got deeper, I have decided to deal with this topic in my rigorous thesis. The aim of this thesis is to analyze the possibilities of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce obliged person's debt in a particular regimes of procedural legislation of affecting such property, based by the...
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Law regulating property of spouses
Němečková, Adéla ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (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) and the comparison of Czech and Austrian legislation. 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...
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Law regulating property of spouses
Němečková, Adéla ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (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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Community property - illusion or reality? The allowance model through the eyes of women
Andreska, Zuzana ; Kobová, Ĺubica (advisor) ; Maříková, Hana (referee)
This diploma thesis concerns the issue of economic autonomy of women in marriage in light of the legal institute of community property. The thesis touches upon the relationship between reproductive and productive labour in today's society and its impact on economic autonomy of women. Using the method of feminist in-depth interview, the author analyses the phenomena of allowance system, which is related to the women's exit from the labour market. The aim of the thesis is to contribute to the economic autonomy of women through uncovering of mechanisms of the emergence, sustaining and rationalisation of the allowance system. The thesis' contribution stems from its analysis of the functioning of allowance system, which is specific for the control men have over family finances. As such, the allowance system deviates from the imperative of solidarity between spouses, which is legally embedded in the institute of community property. The conclusion of the thesis is that the perception of family as a solidary institution which functions on the basis of altruism is an example of ignorance of power hierarchy within families. As a result of this conclusion it is necessary to solve economic autonomy of women on the level of the society as a whole, not on the family level, by making reproductive and productive...
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