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Easements
Tománek, David ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to provide a description and analysis of the current legal regulation of easements in the Czech Civil Code, especially with regard to its sources of inspiration in the form of the General Civil Code and Government draft of the Civil Code of 1937. The diploma thesis focuses on problematic issues of current legislation, including interpretive methods of their removal and proposals de lege ferenda. The first chapter generally characterizes the easements and describes their theoretical division. The second chapter deals with the historical development of the institute of easements. The concept of servitude in Roman law, which played a key role in shaping the following legislation, is discussed. A treatise on the General Civil Code and the Government Draft Civil Code of 1937, on which the current legislation is mainly based, is published. Attention is also paid to the civil codes adopted during the communist era in 1950 and 1964, which deviated from the traditional concept of easement. Problematic provisions of these legal regulations are analyzed in selected places. The focus of the diploma thesis is the third chapter, which deals with the analysis of the current legal regulation of easements. The definition of easements, their scope and content, subject and methods of...
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Civil liability in healthcare
Jurnečka, Filip ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Civil liability in healthcare Abstract The topic of this master thesis is civil liability in healthcare. The aim of the author of this master thesis was to provide an analysis of the existing legislation, while also discussing individual aspects of legal liability, lex artis and as well as the individual actus reus of the duty to provide compensation for damage. The first chapter of the thesis deals with the hierarchical division of relevant legal sources with a focus on the regulation concerning the term lex artis. In the area of international law, the Convention on Human Rights and Biomedicine is discussed, which can be considered as a basis for national regulation, namely the Health Services Act. In conclusion, a brief explanation of the Code of Ethics issued by the Czech Medical Chamber is provided. In the second chapter, the concept of civil liability and its influence on civil liability is explained first and then the author of this master thesis discusses the individual conceptual theories of civil liability. It specifically concerns civil liability as a threat of sanction, sanction conceptual theory, other concepts of legal liability and a current view on this issue. It is followed by individual conditions of liability and its functions. The third chapter deals with the terminological analysis of...
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Easements
Hadačová, Marie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to try to provide a comprehensive interpretation and analysis of the legal institute of easements and their individual aspects in the current legal regulation, taking into account the judicial decisions of the Czech courts after year 1989 as well as the case law of the First Republic related to the General Civil Code. The thesis consists of four parts. The first part deals with the interpretation of the concept of iura in re alinea as the institute superior over easements. In the last chapter of this first part the institute of easements and their basic aspects are generally defined. The second part of the diploma thesis describes the individual stages of the historical development of the institute of easements. The concept of easements in Roman law is being analyzed, taking into account some differences from its conception and modification at present. The following is an interpretation of medieval easements, and finally, the author deals with the modern legal regulations of the easements in the civil law legislation starting from the General Civil Code through the civil codes issued under the Communist regime in 1950 and 1964. The third part, which represents the focus of the diploma thesis, provides a detailed analysis of the current legal regulation of easements...
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Emil Svoboda between Bratislava and Prague - Flying Dutchmen and Anquish of a Prague Cage Bird?
Kober, Jan
Following the nearly forgotten story of Slovak porfessorship of Emil Svoboda, the article analyses the historical process of obtaining a professorship in Czech legal academia of the early 1920s, in the time of the university boom. Emil Svoboda was working for his professorship in Bratislava. His attempt to enforce the appointment of a professor in Prague for the promise of several years of 'pioneering work' in Slovakia failed, as did the less successful attempt to obtain at least the promise of a future Prague professorship as a counterbalance to leaving for Slovakia. Still, he elft for Slovakia, believing that the position at the law faculty would increase his chances of future success. However, the knowledge that he will lose his academic positions in Prague led him to resign quickly from the Bratislava university chair and to be satisfied with the certainty of the Prague Technical University professorship and with the associate professor position at the Faculty of Law of Charles University. In the end, he proved to be right and he would be an imaginary winner in this situation - a brief presence in Bratislava preovided him with the possibility of external lecgturing at this university for several years without losing his two teaching positions in Prague.
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Easements
Hejdová, Dagmar ; Salač, Josef (referee)
The aim of the diploma thesis is to present the legal institute of the easements in its complexity placing emphasis on the current legal regulation of this institute in the Czech Civil Code. The diploma thesis deals with the most important practical issues inherently linked to this legal institute with reference to the relevant judicial decisions and suggested solutions of the mentioned problems are presented. The aim of the diploma thesis is also to present the institute of the easements as the institute responsive to the current social conditions undoubtedly reflected in the legal regulation of the institute of the easements. The first chapter of the diploma thesis is devoted to the theoretical determination of the concept of the easements. In the second chapter the most important historical periods related to the institute of the easements are presented, from the ancient era to the present. The most important ancient principles linked to the institute of the easements are discussed and their importance for the contemporary legal regulation is emphasized. Subsequently, the diploma thesis also deals with the origination of the concept of the easements and the conceptual change in the current Czech Civil Code consisting in distinguishing the easements from the real burdens. The descriptions of the...
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Protection of personal rights in civil law
Kalábová, Eliška ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Protection of personal rights in civil law - Abstract The topic of this rigorous work is the protection of personality, a concept that is getting more and more attention in today's modern age. The right to protection of personal rights is guaranteed to everyone, both at the constitutional level by the Charter of Fundamental Rights and Freedoms as well as at the statutory level, where individual personal rights are specified and refined by means of laws, especially by the Act No. 89/2012 Coll. Civil Code (hereinafter "Civil Code"). The aim of this rigorous work is to describe and analyze both the rights of protection in general, in its complexity, as well as individual partial personal rights and the possibilities of their application and protection. It's based in particular on the Civil Code in its current version, but it is also provided with excursions to public law regulations. The whole work and its conception is based on the rich jurisprudence of the courts to show the application of the above mentioned protection. The first chapter defines the basic terms associated with the topic of protection of personal rights. The second chapter deals with the historical development of protection of personal rights, starting with the foundations of the Roman law, through its development during the period of...
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Immaterial harm in civil law
Vojáčková, Barbora ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis is focused on immaterial harm in civil law. An immaterial harm is very topical issue, especially because it arises primarily through interferences with personality rights and the persons concerned feel this harm more intense than material damage. The thesis tries to give a comprehensive overview of all aspects of immaterial harm. It's based on effective legislation, especially the Law no. 89/2012 Coll., Civil Code. In the first part the thesis deals with the theoretical description of immaterial harm and the definition of the basic terms connected with it. The current relevant legal regulation and an overview of the historical development of the legal regulation of immaterial harm with an emphasis on the territory of the Czech Republic are presented here. Part of the theoretical part is also an overview of the changes that occurred in the law of immaterial harm in 2014 after the entry into force of the new Civil Code. This is followed by the analysis of the assumptions that are a prerequisite for the right to compensation for the immaterial harm suffered, including exceptions and related institutes. The second part of the thesis deals with individual components of personal protection. Apart from the specific personal rights, it also includes special institutes and areas of immaterial...
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Easements
Hejdová, Dagmar ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to present the legal institute of the easements in its complexity placing emphasis on the current legal regulation of this institute in the Czech Civil Code. The diploma thesis deals with the most important practical issues inherently linked to this legal institute with reference to the relevant judicial decisions and suggested solutions of the mentioned problems are presented. The aim of the diploma thesis is also to present the institute of the easements as the institute responsive to the current social conditions undoubtedly reflected in the legal regulation of the institute of the easements. The first chapter of the diploma thesis is devoted to the theoretical determination of the concept of the easements. In the second chapter the most important historical periods related to the institute of the easements are presented, from the ancient era to the present. The most important ancient principles linked to the institute of the easements are discussed and their importance for the contemporary legal regulation is emphasized. Subsequently, the diploma thesis also deals with the origination of the concept of the easements and the conceptual change in the current Czech Civil Code consisting in distinguishing the easements from the real burdens. The descriptions of the...
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Compensation for damage
Smolík, Libor ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Resumé This thesis deals with the question of compensation for damage in civil law. Its main task is to acquaint the reader with the basic institutions associated with the prescribed topic from the basic premises of the legislation through the explanation of the main terms to determine the prerequisites for a successful claim for damages and the rules determining the manner and extent of damages including some specific cases of damages. Work is also trying to compare the current, still not so long effective statutory regulation with the previous one. The thesis is divided into four main chapters. The first part discusses the basic concepts of liability for damages and the functions that it has in the legal system and even in society. It also describes the general concepts, such as the limitation period, prevention duties, general and specific, and also lists the entities to which the obligation to pay damages arise. The second chapter deals with the prerequisites for the establishing the liability in damages, which are traditionally a tort, the damage, causation and fault. It also presents the merits of general offenses. Especially acquaints readers with compensation that occurs accidentally. The third part deals with the way in which the damage is replaced and to what extent. Approximations are different...
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Making juridical acts by legal entities (A theoretical conception)
Šilhavý, Filip ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
Herein presented thesis intends to outline some of the conceptual yet practical issues that arise as of the effect of the new civil code in relation to conceptual changes of legal doctrine of legal persons and its legal acting. In chapter 2 hereof the author briefly illustrates the history and development of legal persons in the continental Europe with a special focus on the theories of legal persons. In the end of the chapter the author analyzes the current concept of the legal persons in the legal system of the Czech Republic. In chapter 3 hereof the author describes the primary principles upon which the concept of legal persons and its legal acting is built. The author also briefly analyzes the term and meaning of legal acting in general. The author further engages in analysis of acting of legal persons and its legal nature in relation to the question of who is the person acting; whether it is a legal act performed by a natural person acting in representation of the legal person or whether it is the legal person who acts on its own. In the final part of the chapter the author analyses the law on acting of legal representatives on behalf of the legal person and outlines the issues arising thereof. In chapter 4 the author describes and analyses particular issues that arise from the effective law....
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