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Lease of a residential premise
Fišpera, Jaroslav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of my thesis was to describe the legislation regarding the lease of an apartment, as it is included in the Act No.89/2012 Coll., the civil code. The new civil code brought a lot of changes into the Czech legal system. The changes affected lease of an apartment as well. In my thesis I also adress the legislation of recent past, as it is vital to compare it to the new one. Thesis itself is divided into seven chapters and they are divided into subchapters. In each charter I will describe the new legislation with occasional remark to the recent one. In chapter one I describe the development of the legislation of the lease of an apartment, from the roman era, through middleages, modern codes of law, all the way to current state. The second chapter is focused on the definition of key legal institutes regarding lease of an apartment. It is crucial to define these institutes as they are vital for understanding of the whole legislation. In the third chapter I describe ways in which the lease of an apartment can come into existence. I mostly compare the old legislation with the new one. Chapter four is focused on rent and other payments related to the lease of an apartment. I describe how the rent is defined either in civil code or in other legal acts. In charter five I analyze the rights and...
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Servitudes
MAREŠOVÁ, Miroslava
Submitted bachelor thesis deals with easements, especially with servitudes. This is a right in rem to things someone else's and this is one of the forms of restriction of property rights. The very word easement tells us that the matter should serve someone other than the owner of a thing. This limitation is mostly used for lands and buildings. This thesis contains the legislation of the New Civil Code, which is valid from 1st January 2014. The New Civil Code returns to the previous legislation of servitudes. Its history goes back to the Roman law. The Code of XII boards contained first mention associated with adjustment path. The next chapter is focused on analyzing the real estate agencies in České Budějovice. The aim of the bachelor thesis is to determine whether real estate agents use the legal institute of servitude and whether it is convenient for them or not.
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Testament
Šmat, Ondřej ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The main goal of this thesis is the complex description of the testament. The problems of this ancient and utmost important instrument of law, which is given to the testator to decide who will get his property after his death, is comprehensively described in the five chapters of this work. This thesis mainly focuses on the key element in the Czech civil law of current time, which is the new civil code that brings severe changes especially to the hereditary law. Major differences can be seen especially in comparison with the so called socialistic civil codes. The new civil law regulation surpasses the ideologically motivated and oversimplified provisions of these old laws. The most important changes are bound with the new basic principles, especially with the testator's will as a leading principle of the hereditary law. This principle is in fact mostly applied in the testament law; therefore the new civil code has great impact on the examined topic. The first chapter of this work is dedicated to the creation of testament as the instrument of law in the beginnings of civilization. It includes further development in several ancient states and the chapter is closed with the more detailed analysis of the base source of the modern civil law, the roman private law. The second chapter describes history and...
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The Selected Issues of Customer Protection
PECHOVÁ, Lucie
This thesis is dedicated to the issues of customer protection, mainly the problems in the field of distance consumer contracts. It is performed by realisation of a questionnaire survey between consumers in different age groups. In theoretical part the keywords are described, which are related to this issue. What is the consumer protection and its history. How the terms consumer, businessman and consumer contracts are defined. What is ordered by Czech legislative for the field of consumer protection. Which institutions operate in this field. What is a distance consumer contract. The practical part performs the analysis of questionnaire survey. Low knowledge of legislative regulation of consumer protection among ordinary consumers is defined as the main issue. In conclusion there are proposed some steps to improve the situation.
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The Impact of the New Civil Code on the Aktivity of Low Threshold Institutions for Children and Youngsters in the Region of South Bohemia
ŠVECOVÁ, Nikola
This bachelor thesis deals with an impact of a new Civil Code Act No.89/2012 Coll. On the low-threshold institutions for children and adolescents in the Region of South Bohemia. The theoretical part deals with a classification of a non-state, non-profit making organizations, which is essential for this research. Furthermore, I present basic concepts connected with a low-threshold institution for children and adolescents (LTICHA). Provided services according to valid legislation and their target group are presented here too. I also deal with a problem of a civil society transformation to a chosen legal status. The practical part contains selected targets and survey inquires. In the survey part of the bachelor thesis I used a qualitative construction, a face-to-face method and a half-structured interview technique. The first target was to discover how a LTICHA dealt with new Civil Code (NCC) duties. Furthermore I dealt with the most frequented legislative forms used by the LTICHA. The institutions could choose a legislative status of a voluntary group, institute or public benefit organization. The research target group were the LTICHA in the Region of South Bohemia, which were impacted by a NCC; not every institution had to change its legislative status though. This change excluded the church and religious societies which are subjected to Act No.3/2002 Coll. About churches and religious societies. This legislative status is the most accepted one by the LTICHA and out of 19 institutions in the South of Bohemia, more than one half of these prefer this status. Only those institutions that changed their legislative status from the civil society were contacted. Eventually only three institutions participated in the survey. It appears that these institutions were "forced" to change their legislative status by a new Civil Code as well as to follow its new conditions. The questioned institutions were able to transform their status only with special help.
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Legal and tax aspects of financing ČEZ Basketball Nymburk, a.s.
Calta, David ; Ruda, Tomáš (advisor) ; Lukavský, Martin (referee)
Title: Legal and tax aspects of financing ČEZ Basketball Nymburk, JSC Objectives: The main objective of this thesis is to delineate the form of financing sports bussiness company in Czech republic, its legal definition and tax liability. A partial objective is to evaluate the economic situation of the Basketball Nymburk, JSC in terms of revenues and costs, which will lead to determine the economic result. This information will serve to estimate potential tax obligations. Another partial objective is to depict the impact of legislative and tax aspects on the economic situation. Methods: A classification analysis and a method of induction were used in this thesis. Analysis was used to obtain the necessary information from the law. The induction method was used to define the financing of Basketball Nymburk with respect to legal and tax obligations and also depict their impact on the economic situation of the sports organization. Results: Analysis has shown that company hasn't prospered in recent years. In 2013 the economic loss was 2 154 thousand Czech crowns and in 2014 there was another economic loss of 6 700 thousand Czech crowns. It was found out, that the company, in past three years, paid taxes only in 2013, despite its negative economic result. The reason is tax deductible expenses. It was also...
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Damages in cases of bodily injury
Piptová, Martina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
in English The final thesis mainly deals with the description and evaluation of the development of civil legislation on compensation for non-pecuniary damage to health in connection with the adoption of the New Civil Code. The main purpose of the thesis is to analyse the manner of determining the amount of reparation of non-pecuniary damage, including comparisons of the compensation according to the Methodology of the Supreme Court with the previous system of compensation in connection with non-material injury. The first chapter approaches the theoretical background important for the establishment of the obligation to compensate non-material damage, mainly legal tort liability and the related preconditions for its emergence, i.e. the unlawful conduct, formation of the damage, causation and fault. Next chapter describes the individual claims included in non-pecuniary damage, i.e. claims for suffered pain, social impairment and mental suffering, including discussion whether these claims remain individual under the New Civil Code. The third chapter, as the core of the whole thesis, describes the method of determining the amount of compensation for non-pecuniary damage caused by bodily injury, particularly in relation to the Methodology of the Supreme Court of the Czech Republic issued for the purpose...
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Change of legal position of parties to agreements on lease of non-residential premises in relation to Act No. 89/2012 Coll. becoming effective
Chalupová, Eliška ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
CHANGE OF LEGAL POSITION OF PARTIES TO AGREEMENTS ON LEASE OF NON-RESIDENTIAL PREMISES IN RELATION TO ACT NO. 89/2012 COLL. BECOMING EFFECTIVE Summary: The purpose of my thesis is to analyse the legal consequence of the Act. No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), coming into effectiveness in the Czech Republic on 1 January 2014, with regards to lease agreements on lease of non-residential premises (re-defined by the Civil Code as premises for business purposes). The reason for this analysis is the fact that, as a result of the Civil Code becoming effective, all the lease relationships, including lease relationships under lease agreement concluded prior to 1 January 2014 shall be governed by the Civil Code. Given that the introduction of the Civil Code represents full recodification of the civil law in the Czech Republic, the related changes concerning the lease agreements on lease of premises for business purposes are of significant character. Accordingly, the thesis is mainly addressed to the parties to the existing lease agreements on premises for business purposes concluded on 31 December 2013 or earlier, even though it may be found of use for other addressees as well. The first chapter is introductory as it outlines the new concept of obligations, subject of which is use of...
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Lease of a residential premise
Fišpera, Jaroslav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of my thesis was to describe the legislation regarding the lease of an apartment, as it is included in the Act No.89/2012 Coll., the civil code. The new civil code brought a lot of changes into the Czech legal system. The changes affected lease of an apartment as well. In my thesis I also adress the legislation of recent past, as it is vital to compare it to the new one. Thesis itself is divided into seven chapters and they are divided into subchapters. In each charter I will describe the new legislation with occasional remark to the recent one. In chapter one I describe the development of the legislation of the lease of an apartment, from the roman era, through middleages, modern codes of law, all the way to current state. The second chapter is focused on the definition of key legal institutes regarding lease of an apartment. It is crucial to define these institutes as they are vital for understanding of the whole legislation. In the third chapter I describe ways in which the lease of an apartment can come into existence. I mostly compare the old legislation with the new one. Chapter four is focused on rent and other payments related to the lease of an apartment. I describe how the rent is defined either in civil code or in other legal acts. In charter five I analyze the rights and...
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