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Liberalization of the Czech Labour Law
Bartová, Gabriela Antonie ; Pichrt, Jan (advisor) ; Štefko, Martin (referee)
LIBERALIZATION OF THE CZECH LABOUR LAW Mgr. Gabriela Antonie Bartová, 2010 Abstrakt Liberalization of labor law is subject of this thesis. It deals with concepts and principles essential for the liberalization of labor law. They are: flexicurity principles, subsidiarity in relation to civil law, contractual principles, principle of "what is not forbidden is allowed". It deals with invalidity of legal acts, the question of a separate branch of the law. It mentions the issue of discrimination and loyalty towards the employer. Subsequently it covers individual institutes devoted to labor law. First, it deals generally with issues of employment, including the issue of so-called "švarcsystem". It looks over the possibility of anchoring the institute of secondary employment and employment for a shorter period of time. It focuses on the employment relationship, defining elements of an employment contract. It considers modification of the term "manager", institute of an appointment and probationary period. In detail it deals with concept termination of an employment - both in general terms, as well by individual institutions. It deals with notice, immediate termination of employment, termination of an employment on probation; based on an agreement. Furthermore, withdrawal from a contract, termination of an...
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The budgetary responsibility
Kafka, Stanislav ; Boháč, Radim (advisor) ; Marková, Hana (referee)
The thesis deals with the term of budgetary responsibility, past drafts trying to enact this term to the legal system of Czech Republic, and also deals with applicable legal rules contained in the European Union legal system. The aim of this thesis is to analyze every existing draft in the Czech legal system (with the special attention to the last legal draft), and trough this analysis reach to the ideal set of rules for the budgetary responsibility. The first chapter contains the description of the basic term and the theoretical basis for the rest of this thesis. Elementary terms are described first and trough that it comes to the main term of the principle of the long-term balance of public budgets and to the term of budgetary responsibility. The second chapter aims to describe every single legal draft made in Czech Republic during the past year. Main attention is provided to the last legal draft of the constitutional act of budgetary responsibility and to the related draft of the secondary legal adaptation, which was presented in the year 2015. The third chapter aids to the European Union legal adaptation of the budgetary responsibility. At first the thesis deals with the form of budgetary responsibility in the Treaty on European Union and the Treaty on the Functioning of the European Union....
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Implementation of the neminem laedere principle in civil law
Kubištová, Zuzana ; Hendrychová, Michaela (advisor) ; Dvořák, Jan (referee)
The "Neminem Laedere" principle is one of the essential private law's principles. The statement "not to harm anyone" imposes to everyone to conduct him or herself in such a manner, in order not to inflict damage, not to contribute to the damage inception, and not to contribute to the damage escalation in the situation, when the damage is already caused. We can deduce, that this duty is not related just to the damage causing, but also to the causing of danger of possible damage. When the damage is already caused the principle means the statement to give the full compensation. Regarding to the central status of the Civil Code (Code nr. 40/1964) for the whole private law sector, I target my work at the implementation of the principle within the codification. The focal point of the "Neminem Laedere" principle implementation is part 6 of Civil Code - "The liability for the damage and for unjust enrichment". The function of this legal regulation is preventative-educational (it should influence the civil relations subjects to avoid the damage and not to cause it) and reparation-satisfaction (it should define the obligatory/beneficiary subject for the compensation of the damage and also define the manner, form and measure of the damage), but not the sanction. The "Neminem Laedere" principle acts in three levels in...
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Joint physical custody after divorce and its influence on members of family
RUBEŠOVÁ, Lenka
My thesis deals with the issue of educational environment of minor children after their parents´ divorce. I focused on joint physical custody, which means that each of the parents shall have significant periods of physical custody, i.e. more or less continuing contact with children. Legal institution of joint physical custody was introduced to the legal practice in the Czech Republic in 1998, when the amendment of the Family Act was adopted. Unfortunately, joint physical custody is not often used in practice and experts do not even share the same opinion of this phenomenon. If joint physical custody is chosen as educational environment for minors, big claims are posed both on parents and their children. The objective of my work was to find out, how joint physical custody works in concrete families with minors at the age of 6 to15, and whether parents and children are satisfied with this family arrangement. Partial objectives were to find out what are the most frequently used periods of physical custody {--} how many days the minor lives with one parent before he/she leaves to live with the other one; whether such family arrangement influences minors´ school attendance and quality of communication within the family. A qualitative research, the polling method and the technique of a half-standardized interview have been applied. In the framework of the research, interviews with parents and their children in five families with joint physical custody were carried out.The results showed, that the arrangement of joint physical custody has been working in these families for several years and that the polled family members are mostly satisfied. Most frequently used period of living with one of the parents is a one week period, and Friday is usually the day of moving from one parent to the other. If parents are able to cooperate and communicate well with each other, there is not even a problem with school attendance. All members of the families agreed that they are able to communicate well with each other.The results of my thesis might be used by counselling services that are provided for divorcing couples and all the facts and information about experience with joint physical custody might help to those parents who consider such family arrangement.
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Selected aspects of the legal relationship between a doctor, parents and a minor patient - criminal aspects
Smrčková, Zuzana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The selected aspects of the legal relationship of doctor, parents and minor patient - the criminal aspects. (Abstract) This paper discusses various legal aspects of the relationship, which may arise between a minor patient, his parents and his doctor (or other appropriate health professional). The most important general rule holds good also in the Czech healthcare law. The general rule says that any interference with bodily integrity, and therefore each therapeutic medical intervention, can take place only with the consent of the patient. To be eligible to make such an agreement is a crucial legal capacity according to the arrangements of the Czech Civil Code. If someone is not eligible in this way about himself decide to grant consent to an intervention, it must be done by his legal guardian. In the case of minors it is usually intended by both parents. The most important regulation of the legal issues that arise in the care of the patient is found in Act No. 20/1966 Coll. Health Care. However from the perspective of the Convention on Human Rights and Biomedicine this regulation appears to be somewhat outdated and patients and physicians (as well as other medical staff) find the law like overly complex, unintelligible and therefore unsuitable for their use. Unfortunately this law should help and serve...
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The statutory bodies of the Limited Liability Company and Joint-Stock Company
Mužíková, Tereza ; Kalinová, Miluše (advisor) ; Žák, Květoslav (referee)
The bachelor thesis deals with statutory bodies of the Limited Liability Company and Joint-Stock Company. In the case of the Limited Liability Company we are talking about the agent and in the case of Joint-Stock Company we are talking about the board. The role of the statutory body in the company is really very fundamental. The reason why this position is so important is the authority to negotiate in the name of company - activity outside of the company and business leadership of the company - activity inside of the company. This work is divided into two basic parts, which should present the general overview of the statutory bodies in the Limited Liability Company and Joint-Stock Company. First part deals with the general characteristic of the Limited Liability Company and Joint-Stock Company and the second one deals with direct questions of statutory bodies in the given companies. The aim of the first chapter is to present the conditions for discharge of function and its creation, legal regulation between the member of the statutory bodies and the reasons are for the discharge of this function. Next chapters deal with acting on behalf of the company and with the trade leadership of the company, responsibility and discretions and duties resulting from the discharge of their office.
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A comparison of Czech and German regulations of contractual representation with regard to the proposed regulation in the new Civil Code draft
Hlavová, Lucie ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
LEGAL COMPARISON OF REPRESENTATION GRANTED BY THE PRINCIPAL UNDER THE CZECH AND GERMAN CIVIL CODE WITH REGARD TO THE PROPOSAL OF A NEW CZECH CIVIL CODE Legal representation (agency) belongs to the most important legal institutes within the private autonomy of each person. Acting on behalf of the principal, the representative (agent) has the authority to affect directly the legal position of the principal. The valid Czech Civil Code of 1964 regulates this legal institute in only a few provisions, the commentaries on this Act and civil law books deal only with the basic information and there is not a single Czech monograph on this topic. It may invoke that this institute is not the complicated one but this would be fully wrong. There are many questions regarding the relationship between the principal and the representative or between the representative and the third party. A lot of problems are traditionally caused by the legal authority, its scope and ending. In order to create a modern private law in the Czech Republic, which should put an end to the legal development of the past decades influenced by socialism, a new Civil Code should be created. This gives a chance also to a better regulation of agency adequate to the right of people to determine their private sphere and to the protection of third parties...
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Fundamental Principles of Public Administration Authorities Activities
Ludva, David ; Strnad, Zdeněk (advisor) ; Glaser, Lukáš (referee)
The purpose of the thesis is generally characterized and defines the basic operating principles of public administration. These issues and the application of basic principles illustrated by the Administrative Court in practice. It describes the selected part of the new Administrative Procedure Code, act no. 500/2004 Coll. Administrative Code, which contains the basic principles of administrative law. The basic principles are contained in the provisions of § § 2-6 Administrative Code. New administrative rules can be characterized as a general code of public administration. Some principles are based directly on the constitutional status of government regulation and their relationship to the citizens. The aim of this thesis is the different principles and is described in detail for easy understanding. Another aim is to show and explain some basic principles into practice and show how to apply. For the development work I drew from the literature and applicable laws. Next I used the judgments of the Administrative Court. List of sources is provided in conclusion.
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