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Legal regulation of sale of property: comparison of current civil code and the proposed new wording of Civil Code
Matzner, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this thesis is a comparison of current legal regulation of property sale and its future modification, according to the wording of the new Civil Code. In the individual chapters are respectively described the most crucial aspects of this area in a perspective of current Civil code and the wording of the proposal, including evaluation of potential impacts of the changes to law practice. At the beginning of this work are definitions of main terms of property law, especially definition of the property itself, as it is being subject to quite essential changes in the new Civil Code. Single chapter deals with the rule "superficies solo cedit," which is intended to be renewed. Apart from the short summary of origin and development of this principle, this passage focuses primarily on the reasons, which led our legislatives to abandon this rule in 1950's and subsequently identifies reasons for its present reinstallation. There is description of the process of property sale in the following chapters. It consists of two separate parts, a property law and obligation law aspects. The key issue of the property law part is the role of the Land registry. The ownership of the transferee must be registered there in order to successfully complete the transfer. The new regulation brings several changes in...
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Mutual duty between parents and children to support and maintain in theory and practice
Vacková, Tereza ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Maintenance between parents and children Resumé My thesis deals with the mutual maintenance of parents and children in theory and in practice and the thesis consists of ten chapters. The topic of alimony is a very current topic. Our society is constantly changing and its relations in the families as well. The families which are functioning decrease so the needed family members have to seek for their rights. Each of us is a parent or a child, so this topic affects all of us. The first chapter defines the basic concepts of my thesis, such as the concept of maintenance obligations, the differences between different types of maintenance obligations, the definition of subjects of maintenance obligations and the differences between the Czech and the International legal system. The final part of the first chapter discusses the new regulations of maintenance obligations, which will come into effect with new Civil Code. The main chapters focus on alimony obligation of parents to children and on alimony obligation of children to parents. I discuss the basic concepts and I define them. In those chapters the newly created tables from the Ministry of Justice for calculating the alimony with its application in the practice of Czech courts, where also the latest judiciary decisions are mentioned, also are taken into...
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Eutanasia: legal, medical and ethical issues
Jiroutová, Michaela ; Hulmáková, Jana (advisor) ; Vodáčková, Daniela (referee)
I chose the topic Euthanasia: legal, medical and ethical issues due to personal interest in these issues and due to interest in the dying. The aim of this bachelor thesis is to summarize the main points associated with euthanasia, particularly concerning the legal point of view but also ccncerning medicine and ethics. The first chapter contains Basic terminology, where I present to the reader basic principles and categories of euthanasia from a general and certain authors' point of view. In the second chapter I present to the reader the Historical context of euthanasia, where I describe the development from the Antique era up to the present. This chapter deals with evolvement of medicine and ethics in relation to euthanasia and summarizes the main conceptions throughout history, including the current ones. In the last part of this chapter I present the conception of autonomy as related to the following chapter, which deals with the legal point of view on euthanasia.
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Legal consequences of agreements interfering with economic competition
Sloupová, Jana ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
This work presented here, named "Legal consequences of agreements interfering with economic competition" seeks to answer several questions, that are dealt with in five sections. Principal notions are explained in first three chapters. The core of the work is found in chapters four and five. The first part describes the competition policy in general. Precise definition of Competiton doesn't actually exist. In practice the economic-viewed interpretation is mostly used. It is a very dynamic process, which, as history shows us, needs for its effective functioning not only to be secured by fundamental freedoms, but also needs a framework of strict rules of law. These boundaries are established by the Competition Law. This branch of law overlaps both the Public law and Private law. My work addresses ontly the part of the Competition Law that depicts protective methods concerning anti-competitive agreements and its violations. Regarding the applicable law sources needs to be examined within the frame of the membership of the Czech Republic in European Union. The third part deals with prohibited agreements in the scope of the Substantive Law. An interesting point of view is brought in by comparing particular characteristic features and its concept with regard to the decisional practice of both The European...
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Likelihood of confusion between trademarks
Kučera, Jakub ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Title: Likelihood of confusion between trademarks Author: Jakub Kučera Department: Institute of Copyright, Industrial Property and Competition Law Supervisor: doc. JUDr. Vladimír Pítra Abstract: This master thesis deals with the likelihood of confusion between trademarks. The aim of this thesis is to analyse various factors, which decisive authority takes into account when assessing the likelihood of confusion between trademarks and due to the extensiveness of this issue the thesis focuses only on selected key aspects. The aim of this thesis is also to analyse the case law of the ECJ and the court regarding the likelihood of confusion on basis of which the Czech courts often decide. This thesis is divided into eight chapters, which contains several subchapters. The first chapter deals with current importance of trademarks and also with the term trademark as defined in Trademark Act and in the relevant EU legislation with regard to changes in definition of trademark due to the adoption of Directive of European parliament and Council (EU) 2015/2436 and Regulation of European parliament and Council (EU) 2015/2424. The second chapter deals with the legislation dealing with of likelihood of confusion as to the Czech level and EU level. This chapter also pays attention to various authorities that assess the...
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Comparison of the consumer protection law in the Czech Republic and abroad
Dostálová, Jana ; Kotoučová, Jiřina (advisor) ; Rameš, Ivan (referee)
The thesis defines consumer protection law in the Czech Republic and compares it with italian law. The subject of this comparison is the substance of the law clauses but also the overall level of legal protection, consistency, system and comprehensibility of the laws and quality of european directives implementation. The thesis is divided into chapters - definitions, information, advertising, consumer contracts, safety and quality of products and consumer associations. In the conclusion some potential changes that could be made to czech system, based on good experience in Italy, are suggested.
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Position of people with disabilities in labour market
Böhmová, Olga ; Havránková, Olga (advisor) ; Jesenská, Jaroslava (referee)
Svou bakalářskou práci jsem zaměřila na téma zaměstnanosti osob se zdravotním postižením a jejich pozice na trhu práce. Této oblasti je ve společnosti věnována poměrně velká pozornost, a to nejen na úrovni České republiky; jedná se o problém celoevropský, resp. celosvětový - navíc obtížně řešitelný. Problematika pracovního uplatnění osob s postižením v sobě zahrnuje mnoho aspektů, a proto jejich začlenění nemůže být úspěšné, pokud bude věnována pozornost pouze některým z nich, tedy např. ochotě zaměstnavatelů přijímat do zaměstnání pracovníky s postižením. Toto představuje pouze jednu stranu mince. Při řešení zaměstnávání občanů se zdravotním postižením je důležité zaměřit se i na tyto osoby samotné, tedy primárně na otázku, zda vůbec mají o pracovní uplatnění zájem. Práce je rozdělena na část teoretickou a praktickou. Obsahem teoretické části je shrnutí současné situace na poli zaměstnávání občanů s postižením a shromáždění dostupných informací, které se k tomuto tématu vztahují. V první kapitole zmiňují, jak je tato oblast v České republice legislativně upravena, kdo je podle naší platné právní úpravy osobou se zdravotním postižením, jaké má na trhu práce možnosti a překážky v pracovním uplatnění. Kapitola dále obsahuje statistickou analýzu vývoje nezaměstnanosti uchazečů o zaměstnání s postižením. Druhá...
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System of alternative family care in Czech Republic and Spanish Kingdom
Krojová, Eva ; Poláčková, Věra (referee) ; Lorenzová, Jitka (advisor)
The main of this document is the comparation of systems of alternative family care in Czech republic and in one of the autonomy regions in Spain, Galícia. The document processed it with a wiev to the institutional care and its caracter is established as on the teoretical as the emphiric base. The first part of it processed theoretial basis thereof, overwuiv of relevant responsible institutions, its historical context and legislative base. This document is also engaged in characterization of particular specializations and professions entering the relevant appraising process and subsequent care in the scope of system of social and legal protection of children. This is made in connection with the executed comparation of the relevant intervention of the responsable institucional. On the base of obtained informations the main differences of systems of protection of thtreatened children in cz and galicia are stated therein. In the chapter concerning the statistic data there is relevant comparation of number of children in cr, spain, galicia includet. The second Part concerns analysis of one significant difference concerning the compared systems which is total absence of any diagnostic institution in the scope of system of institutional care of G and such analysis is based mainly on the made of emphiric study. All...
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Pre-contractual liability (culpa in contrahendo)
Minzatu, Daniel ; Čech, Petr (advisor) ; Štenglová, Ivanka (referee)
One of the main notions of private law system - conclusions of commercial transactions - belong to those human activities that have achieved a high level of complexity and have long-reaching consequences. The often present a long process with the necessity of incurring substantial investment. Therefore, the legal systems of many countries introduce measures that aim to protect good faith of the participants in negotiations. The concept of precontractual liability provides remedy to the injured party which takes part in a contracting process. The main objective of this thesis is to examine the content of pre-contractual duty to act in accordance with good faith and determine whether these obligations are based on a firm legal basis. The first chapter of this thesis deals with the concept of pre-contractual liability in general. First, it describes the social demand which should be adressed by this concept. In the second subsection of the first chapter, we discuss the theory of pre-contractual liability, which was deduced from Roman law by the German legal scholar Rudolf von Jhering. In the second chapter an attempt is undertaken to explore the contents of the primary obligations of pre-contractual liability, or in other words the concept of objective good faith as it is applied to contractual...
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Legal penalties for unfair competition
Černá, Karolína ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Legal Penalties for Unfair Competition As the unfair competition has become the part of business due to the fact that businessmen are trying to achieve the profit, it is necessary to set up legal rules and restrictions to assure the fair competition, i.e. competition without unfairness and negative effect on functionality of the economic competition. The aim of the diploma thesis is to analyse legal penalties of unfair competition especially in Czech legal order by means of interpretation of affected legal provisions together with judicature of the Supreme Court and other courts. First part of the thesis concerns theoretical scope of legal concepts concerning the unfair competition. The second chapter deals with active and passive legitimacy of subjects according to the Commercial Code. Both chapters give the theoretical framework for the whole thesis. The core of the diploma thesis is the third and fourth part, whereas the third part concerns the means of protection against unfair competition which are divided into several groups according to the law in which they are regulated (private law, public law divided into administrative and penal law, European law) and focuses on private law with using rich judicature of Czech courts. The fourth part regards specific procedural institutes that are...
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