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The institute of acquisitive prescription - selected perspectives (a comparison of Czech and German legal regulation and ideational aspects)
Ragužová, Nicole ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Zusammenfassung Diese Diplomarbeit behandelt das traditionelle römischrechtliche Institut der Ersitzung und dessen heutige Regelung im tschechischen und deutschen Recht. Der Schwerpunkt liegt in den unterschiedlichen ideologischen Auffassungen beider Regelungen desselben Rechtsinstituts und dessen Wurzeln im römischen Recht. Für die tschechische Rechtsregelung und Rechtswissenschaft bildet das gültige österreichische bürgerliche Gesetzbuch ABGB, das bis zum Jahre 1950 der tschechoslowakische Zivilkodex war, die wichtigste Inspirationsquelle. Deswegen wird auch dem österreichischen ABGB beträchtlicher Raum gegeben. Das Hauptziel dieser Arbeit ist der Vergleich der unterschiedlichen Wertungsauffassungen in der deutschen und tschechischen Rechtswissenschaft, die die Voraussetzungen und Rechtsfolgen der Ersitzung auf vielen Ebenen beeinflussen. Im Interessenmittelpunkt stehen Streitfragen der Ersitzung und der Vergleich von deren Lösungen in beiden Rechtsordnungen unter Berücksichtigung sowohl der tschechischen Zivilistik der ersten Republik als auch der römischrechtlichen Zivilistik. Systematisch werden in der Arbeit die Regelungen der Ersitzung im römischen, deutschen und tschechischen Recht getrennt behandelt. Der erste Teil der Arbeit fasst die römischrechtliche Regelung zusammen, die in den folgenden...
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Yihetuan 義和團: Militia United in Righteousness as a Religious Movement
Ivan, Robert ; Olivová, Lucie (advisor) ; Chlup, Radek (referee)
Using the perspective of religious studies the thesis analyzes the so called Boxer Uprising that swept the north China in 1900. It briefly summarizes the current state of scholarship and confronts the belief that the Boxers were a secret anti-government movement with connections to the White Lotus sect, or a nationalist movement fighting against the foreigners and the influence of imperialism. The common appellation Boxers refers to the Yihetuan 義和團 movement, but the thesis uses the translation Militia United in Righteousness instead because it better reflects the motives and goals of the movement. The objective of the thesis is to show that the Militia was a popular religious movement that was principally loyalist and fought primarily against the Christianity perceived as a danger to the social structure. Therefore the thesis investigates various aspects of the movement, including spirit possession and rituals of invulnerability, as well as the motives for anti-Christian attitudes. By putting the movement into a broader socio-cultural context it is shown that in order to understand the traditional China it is necessary to understand its religions. That is the reason for the emphasis on correcting misunderstandings concerning the Chinese religions and Qing dynasty (1644-1911). The thesis thus...
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Specific theories of private property in the economic thought of XIX century: the Manifesto of the Communist Party versus Rerum Novarum
Šárková, Kristýna ; Vyhnánek, Tomáš (advisor) ; Skuhrovec, Jiří (referee)
The bachelor thesis compares the Catholic and Marxist understanding of private property as expressed in Rerum Novarum and the Manifesto of the Communist Party. The situation of the lowest class had demeaned during the 19th century to such a level that a large part of society had to face an existential crisis. A continually decreasing wage, alarming working conditions, the non-existence of social security and a high unemployment rate were characteristic for the 19th century. With the rise of mechanical production women and children started playing an active part in the working process, thus escalating the competition on the labour market. Karl Marx's solution written down in the Manifesto was based on abolishing private property and allocating it under collective keeping. On the contrary, the Catholic Church insisted on maintaining private property and emphasized solidarity among social classes. The Church's reaction to the condition of the lowest class and the growing support of communism in Europe was formulated in the first social encyclical Rerum Novarum. The thesis compares both views involved through describing the historical background and understanding of property. The rest of the work deals with a more detailed analysis of the Catholic point of view, followed by a discussion of the application and...
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Acquisition and Protection of Possession in Roman Law
Novák, Marek ; Skřejpek, Michal (advisor) ; Šejdl, Jan (referee)
63 Acquisition and Protection of Possession in Roman Law The purpose of the thesis is to analyse and describe acquisition and protection of possession in Roman Law in detail. Both aspects are closely related and it is appropriate to examine them together. Regulation of acquisition of possession would not be necessary if possession was not protected, protection of possession would be indeterminate if there was not any rules in relation to its acquisition. Description of Roman Law regulation is supported by authentic texts, especially the Corpus Iuris Civilis, the body of law issued under emperor Justinian. The thesis is composed of two fundamental chapters. The first chapter consists of four parts and focuses on acquisition of possession in Roman Law. Firstly, it deals with classification of acquisition of possession as the control intentionally exercised toward a thing, especially the division on occupation and tradition of possession. Then, description of acquisition through an agent according to Roman law follows as well as cases of legal disability to manifest the intention to acquire possession. The second chapter is composed of three parts and deals with protection of possession in Roman Law. It examines the origin of possession and its historical roots, especially interdicts used in relation to public...
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Theoretical tools for categorization and functional explanations of relations in language
Křivan, Jan ; Elšík, Viktor (advisor) ; Stekauer, Pavel (referee) ; Skarabela, Barbora (referee)
1 Abstract The dissertation Theoretical tools for categorization and functional explanations of relations in language is focused on linguistic categorization from the perspective of empirical gram- matical research. The primary aim is to present the theoretical and practical potential for the investigation of grammatical categories, stressing functional explanations of why cer- tain language structures are the way they are. The text is divided into two parts. (i) The first two chapters are devoted to the theoretical and methodological foundations of empirical linguistic research (including issues of metalanguage, language comparison, discreteness and gradience). Particular emphasis is placed on functional-evolutionary approaches, which describe grammar in interconnection with language use, and more specifically on func- tional explanations by means of frequency. (ii) In the following three chapters, the potential of corpus-based research is demonstrated in accordance with the principles adopted in (i). It is applied to the linguistic categories of possession and adjective comparison in Czech. Possession in Czech is described with regard to hypotheses based on statistical tendencies in language use. The main results of the research revealed the relationship between frequency of use and the animacy hierarchy,...
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Interdict protection
Feri, Dominik ; Thöndel, Alexandr (referee)
Interdict protection The aim of this thesis is to cover the complex institute of possession and its protection by means of law, by so called interdict protection. The emphasis is laid on contextual explication and introduction into doctrine of possession. Following topics are explicated: the law of possession in Roman law, doctrine of von Savigny and Ihering, as well as consequent development of doctrine of possession represented by Randa and Krčmář. For the focal point of section regarding substantive law the current legislation on possession is set. The conclusion of this part of the thesis implies that possession is an absolute right not a mere actuality. In the second section of this thesis development of interdict protection is explicated with emphasis laid on protection of possession in the Allgemeines bürgeliches Gesetzbuch and dissatisfactory legislation on possession in the previous civil code. The core of this section of this thesis is descprition of pratical use of interdict protection which is based on analysis of court decisions made since 2014. Related stats provide the answer to the question whether and how the interdict protection of possession is made use of. Keywords Possession, interdict protection, protection of possession, disturbance of possession, interdict proceedings
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Interdict protection
Feri, Dominik ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
Interdict protection The aim of this thesis is to cover the complex institute of possession and its protection by means of law, by so called interdict protection. The emphasis is laid on contextual explication and introduction into doctrine of possession. Following topics are explicated: the law of possession in Roman law, doctrine of von Savigny and Ihering, as well as consequent development of doctrine of possession represented by Randa and Krčmář. For the focal point of section regarding substantive law the current legislation on possession is set. The conclusion of this part of the thesis implies that possession is an absolute right not a mere actuality. In the second section of this thesis development of interdict protection is explicated with emphasis laid on protection of possession in the Allgemeines bürgeliches Gesetzbuch and dissatisfactory legislation on possession in the previous civil code. The core of this section of this thesis is descprition of pratical use of interdict protection which is based on analysis of court decisions made since 2014. Related stats provide the answer to the question whether and how the interdict protection of possession is made use of. Keywords Possession, interdict protection, protection of possession, disturbance of possession, interdict proceedings
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Usucaption in the Context of the Civil Law Recodification
Horký, Jakub ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
Usucaption in the Context of the Civil Law Recodification This master thesis analyzes the concept of usucaption in the context of the recodification of civil law. Its aim is to describe this institute both in its historical context and in the current legislation. It also aims to compare these codifications with each other and try to resolve some of unclear points of interpretation. Usucaption is a legal concept pursuing harmonization of possession as a de facto state with ownership as a legal status, after a specified period of time expires. It is a traditional civil law concept, however it is still relevant today. The master thesis analyzes significant changes in relation to the concept of usucaption, which were introduced by the Czech Civil Code No. 89/2012 Coll. The thesis begins with an introduction, then it proceeds with four main chapters, which are further subdivided into subchapters, and it ends with a conclusion. In the first chapter, I lay out general definitions which are fundamental to the following analysis, namely, I provide a definition of possession, detention and usucaption itself. The second chapter introduces the historical background, starting with a brief description of the concept of usucaption in Roman law, continuing with the codification of usucaption provided by ABGB and...
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The acquisition of ownership
Vlach, Pavel ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Srbová, Alena (referee)
Name: The acquisition of ownership My dissertation deals with the area of the acquisition of ownership, more precisely acquisition of title. I chose this topic after consulting my supervisor at the beginning of my course in 2010. During the course of my studies, however, a new Civil Code (Act no. 89/2012 Coll.) was adopted and came into effect in January 2014. This therefore presented an opportunity to compare the existing regulations contained in Act no. 40/1964 Coll. (now designated as the old Civil Code) with the new regulation, as well as with other regulations such as Act no. 141/1950 Coll. (designated as the middle Civil Code), the government draft of the Civil Code dating from 1937 which was never adopted due to the developments in the political situation and the General Civil Code which was adopted from the Austrian law known as the ABGB (Allgemeines bürgerliches Gesetzbuch ). Some institutions of original acquisition have also been compared with the German BGB (Bürgerliches Gesetzbuch) or the new Russian Civil Code. The dissertation initially deals with the area of the acquisition of title in general, i.e. the terms possessory title and ownership and their associated institutions, such as limitations to possessory title, the area of possession and the terms main thing, component part of a thing and...
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