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Constitutional law questions of weapons ownership with a focus on the Czech Republic
Havlíček, Václav ; Kudrna, Jan (advisor) ; Hřebejk, Jiří (referee)
Constitutional law questions of weapons ownership with a focus on the Czech Republic Abstract This diploma thesis deals with the issue of ownership and disposal of weapons by civilians in the context of constitutional law with the aim of presenting the reader with a complex basis for understanding the individual institutes related to this topic. The primary focus of this thesis is the area of firearms disposal as a central point of the social debate on this issue. The thesis is divided into seven chapters, each of which is devoted to a different systematic unit. The first chapter is devoted to the definition of the term "weapon" by comparing the concept of this term across different branches of law and making a division of different types of weapons based on their partial characteristics. The second chapter will take the reader through the history of the legal regulation of weapons in our territory, which has been reflected in the current legal concept of weapons in the Czech Republic. Following this, the third chapter describes the current legal regulation of the handling of weapons by civilians in the Czech Republic, especially considering the events of the last two decades. In a separate subchapter, attention is paid to the recent incorporation of weapons into the constitutional order of the Czech...
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Development of legal relations to real estate in the Czech Republic and Europe
TEPLÁ, Eliška
This bachelor´s thesis deals with development of legal relations to real estate in the Czech Republic and Europe. It is divided into theoretical part contain brief literary research. The first section is devoted to the definition of basic concepts related to the topic. The following section describes the historical records of Czech cadastres up to the present. Research also introduces the basic factors that influence land tenure. The conclusion of the theoretical research contains an introduction to the development of property rights in the Czech Republic and Europe. The practical part is focused on selected cadastral areas, specifically Lovětín near Třešť and Bezděčín in Moravia. In the introduction of the practical part there is a more characteristic description of selected localities. The major focus of the practical part is the analysis of the development of legal relations to real estate in selected areas. The analysis of land tenure is performed in two periods, the Stable Cadastre and the current Real Estate Cadastre. Periods are compared with each other and then processed. At the end of the practical part there is a brief summary of the results.
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Labour and value. Karl Marx in the light of Phenomenology of life
Jiskra, Martin ; Novotný, Karel (advisor) ; Benyovszky, Ladislav (referee) ; Karul, Róbert (referee)
The doctoral thesis examines the concepts of labour and value which we attempt to contain by means of phenomenological interpretation of alienation, brought forward by french philosopher Michel Henry in his two-part book about Marx, written in the 1970s. The challenge of such a project results naturally both from the extent and from fragmentary nature of Marx's own work. Our intention to understand Marx's thinking in the unity of its diversity is at first sight reflected in fact that we try to follow its evolution step by step from its early stages to the late phase, in other words from the problems of labour in terms of critic of the reality of alienation to the economic nature of evaluation of value. Nevertheless, we do have reason to hope that beyond this formalistic approach we would have found hidden, so to say profound sens, which should appear by devoloping different forms of the concept of alienation. By the examination of Marx's work we proceed from the assumption that the concept of alienation claims the role of inner bond that holds his whole work together, thus the methods of young and late Marx, in spite of particular changes, complement and support each other because, at the and of the day, they grow up from the same basis: the critic of the alienation of life as such. Keywords...
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Application of the property right to real estates transfer
Dvořáková, Pavla ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Application of the Property Right to Real Estates Transfer Abstract The aim of this thesis is to analyze the provisions relating to the transfer of ownership of real estate, together with practical examples referring to the diverse case law and other decisions that were created not only by the judicial system. Apart from the provisions of the Civil Code, I also focused on the provisions of other legal regulations, especially on the provisions of the Cadastr Act, which is a crucial regulation for the transfer of ownership. In addition to other national regulations, I also pointed out the importance of regulation of property rights in international legal context and focused on the foreign legal regulation of specific steps in the transfer of real estate. Despite the differences in the legal regulations of foreign countries, the legal regulation of the procedure for the transfer of real estate was very similar, following our membership within the European Union, which guarantees us the same rights as the citizens of those countries. The thesis is divided into five parts, the first of which focuses on the legal regulation of thing and its conceptual features. At the same time, I thoroughly defined real estate, as it is one of the cornerstones of this rigorous thesis. The second part is devoted to the property...
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Records in the Land Register
Zemanová, Renáta ; Franková, Martina (advisor) ; Drobník, Jaroslav (referee)
This thesis is focused on the records in the land register. This topic still has its relevance in the contemporary world and can appear in any person's life. That was one of the factors why the author had chosen this area for analysis. The other was her overall interest in property law and registration. The thesis is divided into two parts. The first is focused on the land register by itself and its role as an important source of information. In the beginning of the first part some typical concepts related to the land register are introduced. The next section is dedicated to the brief history of the property registration which is considered to be useful for the better understanding of the contemporary legal regulations. Those are discussed in the next chapter together with the position of the land register by itself, its purposes, content and structure. The special attention is paid to the objects in question - concretely the properties registered by this institution. The second part of this thesis, the most extensive, focuses on the particular acts of recording into the land register - registration, record, note and respective proceedings. In the first part of the second section, the rights which are objects of the records are mentioned. The most commonly used is the right in property, which is...
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The crime of theft under s. 205 of the Criminal Code
Šušák, Michal ; Říha, Jiří (advisor) ; Vanduchová, Marie (referee)
The purpose of this thesis is to analyze the offence of theft, as the typical representative of all the offences against property. The reason for my research is to offer a comprehensive view to this difficult issue. My study is composed of four main chapters, each of them dealing with different aspects of the topic. Chapter one is introductory and defines basic goals and a content of the text. This chapter also includes some considerations about the theft and about the thesis itself. Chapter two attempts to illustrate a historical introduction of the topic. It is subdivided into three main parts. The first part describes the oldest references about a theft in the history, the second part analyzes a development in the roman law and the third part is about the notion of the theft as it went through changes throughout Czech law history. Chapter three examines relevant Czech legislation. It is subdivided in four main parts. There are the nature of the offences against property and the legal formulations of offence of theft in current Act No. 40/2009 and in previous Act No. 140/1961 introduced in the first and second part of this chapter. The third part focuses on problems which followed the coming into force of the current law, such as complications caused by a new formulation of the theft and its consequences,...
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Private law treatment of transfer and property ownership
Kořán, Jakub ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Presented diploma thesis discusses private law treatment of transfer and property ownership. The thesis is divided into several chapters corresponding to the legal issues of property ownership and transfer with a special focus on apartments and commercial space. Legal standards related to real estate are very numerous and extensive. Therefore I chose only legal aspects that are relevant to the theme of the thesis. In the introduction I characterize the most important legal concepts of real estate law, using the case law of The Supreme Court in the Czech Republic such as ownership rights, real estate, land, building, residential and commercial space, law accessories, and other things. The second part of my diploma thesis is composed of topics concerning the institute of property ownership, creation and content of the ownership rights with a special focus on residential and commercial premises including the issue of flats in housing co-operatives. The third part of this thesis is dedicated to the transfer of the real estates based on purchase and donation contract. The following chapter I deal with the ownership transfer of residential and commercial premises as units in the house. I focus particularly on the attributes of transfer contracts at the consequences of these transfers to the property...
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Legal regulation of sale of property: comparison of current civil code and the proposed new wording of Civil Code
Matzner, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this thesis is a comparison of current legal regulation of property sale and its future modification, according to the wording of the new Civil Code. In the individual chapters are respectively described the most crucial aspects of this area in a perspective of current Civil code and the wording of the proposal, including evaluation of potential impacts of the changes to law practice. At the beginning of this work are definitions of main terms of property law, especially definition of the property itself, as it is being subject to quite essential changes in the new Civil Code. Single chapter deals with the rule "superficies solo cedit," which is intended to be renewed. Apart from the short summary of origin and development of this principle, this passage focuses primarily on the reasons, which led our legislatives to abandon this rule in 1950's and subsequently identifies reasons for its present reinstallation. There is description of the process of property sale in the following chapters. It consists of two separate parts, a property law and obligation law aspects. The key issue of the property law part is the role of the Land registry. The ownership of the transferee must be registered there in order to successfully complete the transfer. The new regulation brings several changes in...
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Public auctions
Šlauf, Dalibor ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Cizojazyčné resumé Public auctions The aim of my thesis written on the topic "Public auctions" is to compile a comprehensive analysis of the topic with focus on the present statue no. 26/2000 Sb., o veřejných dražbách, ve znění pozdějších předpisů (hereinafter referred to as "ZVD"), since it is the most important statue to regulate such legal issue. The legal regulation of public auction has come through a long historical development until its current form, which is in comparison with other countries in facto rare. The thesis is composed of seven chapters, each of them dealing with different aspects concerning auctions. Chapter one introduces the reader in the general matter of public auctions along with the historical context. Historical development of public auctions is divided into three parts, each of them representing certain period and seperated by crucial years. Very significant subchapter gathers distinct opinions of various jurists about legal principle of a public auction in relation to the legislature concerning privatization process in the early nineties of the twentieth century. Chapter two examines relevant Czech legislation. The chapter consists of three parts. First two parts focuse on two basic regimes that allow to organize public auctions in the Czech legislature. The main objective of...
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Acquisition of property from a person other than the owner in Czech and German System of Law
Belová, Petra ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
ACQUISITION OF PROPERTY FROM A PERSON OTHER THAN THE OWNER IN CZECH AND GERMAN SYSTEM OF LAW The purpose of my thesis written on the topic 'Acquisition of property from a person other than the owner in Czech and German System of Law' is to analyse historical development of acquisition from non-owner and its future tendencies. This concept constitutes an exception from the principle of 'no one can transfer a greater right than he himself has'. This work compares current Czech legislation with German system of law, and also with legal regulation of acquisition from non-owner in the new Civil Code, Act No. 89/2012 Sb., which will be effective from January 1st , 2014. The topic is extremely interesting, both for the current effective legislation in this field, which is not entirely satisfactory, and for its topicality due to the adoption of the new Civil Code, which will bring the institute back to the Czech law environment. What is more, it is a fragmented area without a separate comprehensive monograph. The thesis is composed of six chapters, each of them dealing with different aspects connected with the concept and its exceptions. Chapter One is introductory and defines basic terminology used in the thesis. It deals with an ownership generally, with its content and means of acquisitions of property. Chapter...
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