|
|
The concept of trust in Czech law
Skuhravý, Jan ; Spirit, Michal (advisor) ; Boháček, Martin (referee) ; Eliáš, Karel (referee) ; Touška, Mikuláš (referee)
During the legislative works on a new Civil Code for the Czech Republic, it has been proposed that the concept of trust be introduced into Czech law, largely by transplanting the concept of fiducie contained in the Civil Code of Québec. The thesis, after introducing the principal concepts of trust as known around the world today, whether in common law jurisdictions, civil law jurisdictions or mixed jurisdictions, describes the principal commercial uses of trust in trust jurisdictions and analyses the possibilities of current Czech law to replicate the trust function not using the trust. The thesis argues that the classical civilist objections to the possibility to implant true trust into civil law jurisdictions are largely unfounded in respect of the Czech legal system. The thesis further performs a comparative assessment of the Czech Civil Code proposal. It is argued that the legal construct at hand in the proposal is actually not trust, but a mere trust-like arrangement, as it lacks one of the trust's most salient features -- transfer of the trust property by the settlor to the trustee. Apart from that, the thesis analyses specific provisions of the proposal and subjects them critique. Based on this analysis, it introduces a number of proposals for the enhancement of the proposed provisions.
|
|
|
Establishment of a company in Italy
Lívová, Jana ; Žárová, Marcela (advisor)
The bachelor thesis deals with the establishment of a company in Italy. The paper indicates to potential entrepreneurs the basic conditions for establishing of a company including advantages and disadvantages. In the first section of the paper it analyzes the types of business entity which can be established according to Italian and European law. The accounting conditions of the company, accounting regulation in Italy, especially the civil code which is analyzed in detail, are described. The history of tax legislation and the most important taxes for companies is introduced. In conclusion the thesis rates the advantages and disadvantages of doing business in Italy for citizens of the Czech Republic.
|
|
|
Accounting regulation in Italy, accounting and tax obligations of established company
Čížková, Klára ; Skálová, Jana (advisor)
The first part of the paper is dedicated to the accounting regulation. There are defined its general characteristics and shown a development and methods which are used in Italy - especially particular clauses leading from the Civil Code. In this part of the paper there is also the evaluation of accepting the European directions to the Italian legislation as a part of the accounting harmonization. In the second part there are described conditions and obligations of establishment and leading business. This section contains a summary of forms of companies which can be established according to the Italian and European law. There are also introduced basic accounting and tax obligations of those companies.
|
|
|
The Acquisition of Property Ownership by Foreigners
Adensamová, Fay ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
The conditions of acquisition of domestic (Czech) property ownership by foreigners (both non- and residents) have been changing a lot in the last few years. The biggest changes have been with regards to non-residents and happening in connection with the accession of the Czech Republic to the European Union. The aim of this thesis is to give a comprehensive overview of the development of legislation between 1989 and 2011 which constituted some restrictions to non-residents with regards to acquisition of domestic real estate. The emphasis is put on the changes in 2004 and 2009. An important part of the thesis is to show and draw attention to a more and more frequently occuring fact to which a great part of the final section of the thesis is devoted as the final section deals with a particular case of ownership acquisition.
|
|
|
Parents in the Process of Adoption
ČERMÍN, Radek
The work deals with the status of a parent in the process of adoption. The purpose is the elaboration of the recent legal regulation and in the conclusion of the theses there is the comparison of recent legislation with the newly prepared bill in an articulated arrangement of the civil code. First there are the concepts determined, which are important for the subject {--} the maternity, the paternity, the child and the adoption. In the next part there is the law issue of the adoption processed, which can be revocable or irrevocable and the law issue of the parent´s consent with the adoption, direct or blanket, which is one of the most important conditions for the implementation of adoption. relating to the necessity of the parent´s consent, there are also the exceptions from this rule alleged. At the close of the theses there is the comparison of the recent legislation with the changes, which new bill of the Civil Code could bring, if it is enacted. To this question there is necessary to mention, that some amendments could help to the whole process of adoption, another amendments are minimally quetionable.
|
|
|
New Labour Code {--} its positives and negatives
TENKLOVÁ, Ivana
The task of this thesis named {\clqq}New Labour Code {--} its positives and negatives`` is to compare the old Labour Code with the new one, to show the changes and updates and their impact to practice, to find the positives and negatives in its application. After long negotiations, the Labour Code began to be valid in January 2007 in a new form, but only by the {\clqq}technical novel`` and by the finding of the Constitutional court the main inadequacies were eliminated. The question remains if the Labour Code as an independent Code is necessary. It is usual in some countries that the labour-law tasks are treated in the Civil Code, but our legal regulations result from the Soviet concept of the legal system. Currently the framework of the new Civil Code is finished; one of the authors is Professor Karel Eliáš, who is just the protagonist of incorporation the labour law into the Civil Code. On the other hand, the labour law nowadays is so wide and specific, that its incorporation back into the civil law would have been extremely difficult.
|
|
|
Metamorphoses of Czech Private Law Recodification
Vostrá, Lenka
The author reflects on the metamorphoses of codifications of Private Law from the end of the 20th century. She evaluates the advantages and disadvantages of the given proposals of the Civil Code and she deals with the issue of enactment of the third proposal which is ready for consideration by the Chamber of Deputies of the Parliament of the Czech Republic.
|
|
| |
|
|
Legal entities
Eliáš, Karel
The new Civil Code Bill regulates legal entities in greater detail than the existing Civil Code. Fundamentals and principles of this regulation.
|
|
|
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.
|
guest ::
