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The principles of private law
Čermák, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The Principles of Private Law In my thesis I occupied myself mainly with representative principles that master private law and that should lead to the implementation of the idea of justice as an ultimate goal of a legal set of rules in general. Despite of Sisyphean character of this task and impossibility of reaching it, there is nothing that can discourage from trying it again and again. I would like to admit that this attempt was at least ambitious and meaningful. Inability of perfect recognition "an sich" turns attention into extralegal sources of information, such as ethics, political sciences, sociology, economy and the head of all sciences - philosophy. This thesis also reflects intuitive approach to the principles of private law as a result of dependency on my personal preferences and cited sources and their authors (which also reflects my own disposition). The main issue was a function of the principles of private law in the normative set of rules. These principles make an important place in the normative set of rules as they form its limits. We can hardly imagine its "commission" without such principles of private law. They protect the integrity and the compactness, because Czech private law is nowadays extremely heterogeneous complex of rules. According to the restriction mentioned in the...
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The impact of altered realtions upon the duration of an obligation
Raffaiová, Markéta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1. Summary The Influence of a Change of Circumstances on the Existence of an Obligation The purpose of my thesis is to present a brief outline of the problems concerning the impact of the change of circumstances on the existence of an obligation. The leading principle looking into this issue is the rebus sic stantibus principle. This principle can be considered as the opposite of the contemporary major contract rule worshipped by most of the European states and thus legal systems, the pacta sunt servanda principle. This principle, meaning the necessity of putting emphasis on the performance, is at present the fundamental principle of contract law of the Czech republic too. However, day-to-day life creates situations, in which the strict compliance with this principle can be in conradiction with justice and the contractor's expectations of the fairness of the law. The rebus sic stantibus principle is presently applied usually only to rare specific cases, the question, whether it should be allowed to terminate the contract under a essential change of the circumstances to all contracts in general, is an object of long-term discussions among many legal experts and legislators. This thesis is composed of five chapters, each of them dealing with different aspects of the essentialy changed circumstances (also...
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Matter of Inheritance in Private and Public Law
Fleischmanová, Karolína ; Radvanová, Senta (advisor) ; Dvořák, Jan (referee)
Thesis abstract Matter of Inheritance in Private and Public Law. Law of inheritance is one of the most important areas of proprietary laws, which proves the fact, that the inheritance regulation in the form of hereditary rights (legal succession and testamentary succession), has already been regulated in Roman law. Death of a person as a family member, pertinently a testator, represents for the descendants a sad and grieving event in most cases, despite the fact it belong to inevitable natural rules. In regards to the fact that every single person is bound to set up for his last journey, the inheritance matter has always been and always will be a topical issue regardless the fact of the testator leaving or not leaving any property. Inheritance legal regulation has undergone a long development under continuous relevant attention of the society. In times when law was not in writing, there were the customs replacing it, later on the first codifications and other newer and newer legal regulations that kept changing and improving. This trend has continued up to this date. Evolution of inheritance law in the form of new legal regulations has not stopped and crosses the borders of the Czech Republic. The thesis deals with this matter in historical context of inheritance law, not only during the Middle Ages and a...
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Procedural aspects of civil procedure
Ledašilová, Kateřina ; Civínová, Denisa (advisor) ; Klára, Klára (referee)
The main theme of this thesis is the issue of the procedural acts of judicial proceedings (focused mainly on aspects of delays), in the code of civil procedure as part of the legal order of the Czech Republic.
The theoretical part defines the procedural aspects of civil procedure. The main focus is on the delay of court proceedings on the part of the participant and subsequently the defence against delays in the proceedings caused by the court. The thesis contains the statutory documents of the legal order of the Czech Republic. The essential part of the theoretical thesis is the rights for the protection of citizens' rights, which are embedded in the Charter of Fundamental Rights and Freedoms and in the European Convention for the Protection of Human Rights and Freedoms. In this section main sources of information were the Code of Civil Procedure, the Civil Code, the Charter of Fundamental Rights and Freedoms and other laws that are closely related.
The practical part of this thesis is focused on the issue of the frequency of court proceedings in the divorce rate and, consequently, on the amount of agenda of the court, statistically maintained by the executor of the judicial process, in this case by the District Court of Kolín (i.e.court of first instance). Statistics of divorces involve the years 2012, 2013, 2014 and 2015. There are even specific cases from judicial practice.
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Legal Status of Animals in New Civil Code
Tenklová, Aneta ; Borská, Jana (advisor) ; Pavla, Pavla (referee)
This thesis deals with the legal status of animals in the new Civil Code no. 89/2012 Coll.
Firstly, thesis briefly describes the history of animals in the legislation. Thereafter, the theoretical part focuses on the individual provisions of the animal in the paragraph wording. Thesis defines the term animal and The categories of animals in new Civil Code. Thesis also focuses on the Restrictions on ownership, An animal without a master, Finding animal for which it is obvious that has the owner, The fruits of the animals, Servitude related with animals and The lessee's right to behave a pet in the apartment. The thesis in detail deals with a very important issue such as Damage caused by animals and Compensation for injury to the animal.
Own part of the thesis focuses on the finding and identification of citizens' views on the new legislation. Data are collected via questionnaire. Several hypotheses are defined. Afterwards, the verification of theoretical knowledge in practice and the overall summary of the legislation follow. There are proposed measures to eliminate them from the identified shortcomings in the legislation.
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Marriage, its problems and economic consequences in practice, in relation to the recodification of Private Law
Nevolová, Lucie ; Cvik, Eva Daniela (advisor) ; Lenka, Lenka (referee)
This thesis contains theoretical knowledge of law of marriage in the Czech Republic, which from 1. 1. 2014 due the recodification of private law is governed by the Act no. 89/2012 Coll., Civil Code, as amended. Selected chapters deal with basic concepts that relate to this topic, the conditions of formation of marriage, duties and rights of spouses, dissolution of marriage, economical and legal consequences that result from marriage and selected the changes that occurred after the adoption of the Civil Code. The main aim of the practical part is the comparison of marriage and cohabition without marriage from an economic and legal point of view in connection with the recodification of private law. In conclusion, the work presents an analysis of survey results and overall assessment of the results obtained.
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Analysis of legal instrument s of self-governments used in air protection
Vévoda, Jan ; Vojáček, Ondřej (advisor) ; Jílková, Jiřina (referee)
Air pollution from point sources is a serious problem that is mainly solved centrally and with use of public tools. The goal of this thesis is to find out whether in respect of the local and regional context of air pollution this problem can be solved by local self-governments and whether they may adopt the doctrine of free market environmentalism to protect the air with the use of private law as a subject of ownership. For this purpose, relevant instruments are analyzed, such as a nuisance action, an obligation of prevention and a liability for damages. The city of Ostrava even brought an action against the state, however, possibilities of its success are small. It was found that local self-governments could use these instruments to protect the air, but practical problems demotivate them.
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Problems of advertising in business and ecomonic competition within the frame of European Union
KUPSOVÁ, Jitka
Objectives of this thesis is concentrate on problems of advertising in business and economic competition within the frame of EU. Thesis analyse advertising as such. In this thesis, there is a description of notion advertising, history of advertising, functions, objectives{\dots}etc. Consenquently there is a description of medium for advertising. In Czech republic, the advertising is legally regulate by public law and by private law. At the same time, it use also nonlegal instruments for regulation. It is self-regulation by the help of Ethics code. Ethics code is published by RPR (Rada pro reklamu). It watch over ethics and mind of advertising. Unfair competition is behaviour in economic competition, which is in violation of good manners and is qualified to evocate injury of others competitors or consumer. Unfair competition is for example false advertising, embracery, impeachment{\dots}etc. Economic competition is regulate and controlled by ÚOHS (Úřad pro ochranu hospodářské soutěže). It create condititons for subvention and protection. Competition law is used in case of violation against conditions of economic competition. It is for example abuse of dominant position, association of competitors or forbidden agreements. Within the frame of law, it exists sanctions for protections againts infringement of economic competition and unfair competititon. Concerning advertising in the European Union, it is analogous to advertising in Czech republic. For regulation, there is many EC directives regulating advertising.
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Heritage as a change in property right
Layerová, Jana ; Spirit, Michal (advisor) ; Měchurová, Miroslava (referee)
This work deal with a heirship from the historical view. It contains legal form of heirship in the Roman law and continues with this question in Czech law in the past. In the Roman Law it discusses descent on intestacy, testaments, status of heritors, their protection and other kinds of last wills. In the Czech heirship it handles about indivisible system, testaments and descent on intestacy. Further it deals with the development of the Civil Code from 1627 to 1964. The last chapter compares the present Civil Code with the project of new Civil Code and there are formuled positives and negatives of these legal forms.
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