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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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Chosen problems of the consumer protection
BENEŠOVÁ, Lenka
All of us are consumers. Consumer protection problems are therefore up-to-date subject. I engaged in collecting theoretic information in my thesis. I described legal regulations, public administration authorities and public consumer associations which are connected with my subject. I was consequently interested in sales returns which are crucial part of consumer{\crq}s lives. I analysed each part of this topic including claims for sales returns, rejection and judicial proceedings. I tried to verify my suppositions by theoretic questionnaire and discussion with Mr. Jan Peter. Research via questionnaire was implemented in northern part of Pilsen district with involvement of 50 respondents. I conducted the research personally. According to the results of the questionnaire, I concluded that majority of respondents does not know their rights. There are only 30 per cent of them who know these rights. Majority of respondents were satisfied with sales returns proceedings. Respondents usually ask public consumer associations or their acquaintances for help with sales return problems. Experienced people are able to help themselves. I brought some proposals, for improving the situation, in which I focused on deepening consumer{\crq}s knowledge of their rights at the end of my thesis.
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Privatization of State Property
Fišerová, Anita ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor's thesis describes specific method of the privatization of state property, direct transfer of Czech republic property right onto a non-state legal entity, via the particular case. The goal of this thesis is to sum up and clearly define not quite usual issue. In the first part are defined basic terms such as state property, possibilities of the state property transfer etc. The second part introduces the issue of the specific case, housing property trasfer from government department onto a housing co-operative. The third part describes this certain development of privatization.
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Characteristics of the facts of the criminal offence
Chudíková, Jana ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the characteristic of the facts of the criminal offence according to the Criminal Code. The introduction deals with the concept of criminal law and it's main principles (legality and subsidiarity). It also covers the aspect of "social harmfulness". The main part of the thesis deals with the facts of the criminal offence and its classification. In the very end is the analysis of few criminal offences.
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Public Offering of Securities
Mikuláš, Jan ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee) ; Elek, Štefan (referee)
Univerzita Karlova v Praze Právnická fakulta Disertační práce Veřejná nabídka cenných papírů Public Offering of Securities Abstrakt v anglickém jazyce Červen 2011 Mgr. Jan Mikuláš Školitel: Prof. JUDr. Stanislava Černá, CSc. Abstrakt v anglickém jazyce Public offering of Securities Dissertation thesis focuses on public offering of securities according to the Czech Law, USA Law and German Law. The first part of the dissertation thesis describes the definition of securities and basic types of securities according to the Czech law. Subsequently, new types of securities like derivates are described in more detail. Following part of the dissertation thesis analyzes interpretation of the term "security" according to the USA Securities Act of 1933. This part of the dissertation thesis covers the most important case-law such as SEC versus W.J.Howey Co., SEC versus Koscot Interplanetary, Inc. or Landerth Timber Co. versus Landerth. The main part of the dissertation thesis is concerned with the legal regulation of the public offering of securities. Especially the definition of the public offering is more closely analyzed, while as the basis for the definition the German professional literature and commentaries regarding prospectus and public offering according to the German Law and EU Law were used. Further...
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Principles of Inheritance Law
Menclerová, Markéta ; Dvořák, Jan (advisor) ; Švestka, Jiří (referee)
222 The rigorosum thesis is concerned with the principles of Czech inheritance law. The goal of the thesis is to provide complex overview of the principles of inheritance law and contemporary regulation of the inheritance law legislation in this branch. The aim is also to compare the Czech inheritance law in this respect with other regulations in neighbouring countries and to highlight the problems that appear when the principles of inheritance law are applied. This text is based on a three-year intensive theoretical and practical research. Submitted work is composed of several fundamental partitions. First part is focused on the general description of the principles of inheritance law and the current Czech legal regulation. The principles analyzed in the thesis are following: the principal of the transition of the deceased's property to heirs at the moment of the deceased's death, the principal of universal succession, the principal of transition of debts to the heirs, the principle of free will to reject the inheritance, the principle of testamentary freedom and limited testamentary freedom, the principle of the state interference, the principal of protection of the beneficiary heir, the principle of escheat, and the principle of application of rules which are effective at the moment of the deceased's...
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Limits of criminal law in the protection against domestic violence
Kollertová, Eva ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
- 99 - SUMMARY KOLLERTOVÁ, Eva. Limits of Criminal Law in the Protection against Domestic Violence. Master's degree thesis This work firstly discuss domestic violence in general, its specifics, criminological and victimological aspects and shortly mentions also a phenomenon, which is newly introduced into Czech criminal law, stalking. The aim of my work is an answer on the question if legal protection against domestic violence in Czech Republic can be considered sufficient. Since 2007 has been a new regulation in force, which enables to warn a domestic violence offender of his/hers dangerous behaviour by institute of expulsion order and preliminary ruling, and therefore safeguard a victim. Administrative infraction law and criminal law would be used only in case when the perpetrator does not follow the obligations and prohibitions imposed, or otherwise exceeds the limits and commits a delict or crime. In a connection with domestic violence there is bride variety of criminal acts to be committed, however, one of them affects exactly domestic violence - the crime of "abuse of a person sharing the same apartment or house". From a perspective of criminal procedure law important is a regulation of position of the injured person, its rights and possibilities to reach compensatory damages. Protection of victims of...
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Easements
Blažková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with the legal institute of easements. These are rights in rem to another person's property which restrict the owner of immovable property in favor of another person so that he is obliged to tolerate something, to refrain from something or to perform something. Easements serve more beneficial usage of immovable property or in favor of a particular person. The thesis consists of ten chapters. The first chapter describes the historical development of easements in five sub-chapters. The second chapter deals with the definition and function of easements. The third chapter examines their sorting. The fourth chapter deals with the content of easements. The most common easements - the right of way and the right to use a flat or a room - are described in two sub-chapters. The fifth chapter deals with an issue of recording easements in the land register. The sixth chapter, the largest, successively pays attention to individual ways of their creation in six sub-chapters. In three sub-chapters of the seventh chapter modification of easements (in their subjects, content and object) is analysed. The eighth chapter examines individual ways of termination of easements in six sub-chapters. Separately, in the ninth chapter, limitation of time of easements is dealt with. The final chapter describes...
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