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Selected issues of legal forms of persecution in the 60s to 80s of the 20th century in Czechoslovakia
Obr, Vojtěch ; Šouša, Jiří (advisor) ; Blažek, Lukáš (referee)
Selected issues of legal forms of persecution in the 60s to 80s of the 20th century in Czechoslovakia Abstract After the year 1948, when the communist regime was established in Czechoslovakia, a number of persecutory instruments were enacted in order to suppress any disagreement with the established regime and to eliminate opponents of the socialist establishment. The thesis focuses on the period of the 1960s and 1980s, when the persecutions did not reach the level and cruelty they had in the 1950s, but they were still a very significant part of the repressive component of the government regime. The main focus of the work is on the persecution in the period before the so called Prague Spring, it follows the period of social relaxation in 1968 and the re-introduction of persecution mechanisms in the period after August 1968. In the first chapters, the work describes and analyzes legal developments after the Second World War with an emphasis on the 1960s and 1980s and subsequently concentrates on specific forms of enforcement, whether it is criminal prosecution, persecution in the field of citizenship, persecution in the field of property law or labor law. Klíčová slova: legal forms, persecution, Czechoslovakia
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New codification of just redaction of the original one? Comparison of Czech land constitutions from years 1500 and 1549
Stojan, Marek ; Šouša, Jiří (referee)
This diploma thesis focuses on the comparison of two crucial legal codes of the Bohemian common law of the first half of the 16th century, i.e. Vladislavské zřízení zemské and Zřízení zemské of 1549. The aim is to answer the question whether it is possible to perceive Zemské zřízení of 1549 in the same way as it is understood by the majority of the current historiography, meaning whether Zemské zřízení of 1549 is only the redaction of Vladislavské zřízení zemské. I want to concentrate on the thought if it is necessary to reconsider the general view on this matter. It may be established that these legal codes are relatively independent works due to their dissimilarities as they differ significantly in their origin, authors, historical context, central ideas, and structure. In general, the distribution of power is a key aspect of forming the law, which applies not only to the early modern period, and this idea is reflected in the structure and content of both these codifications. In the first chapter, I focus on the contextualisation of both codes from the point of view of the legal history and discuss the political science thinking of selected classical authors. My next goal is to describe the legal development not only in the Kingdom of Bohemia but in the Moravian Margraviate as well as, this...
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From the history of forest cooperatives in the Czech lands. The Forrest municipal cooperative in Přibyslav (1930-1959).
Jakubská, Jana ; Šouša, Jiří (advisor) ; Novotný, Gustav (referee)
The presented diploma thesis outlines the historical development, legislative basis and organization of Czech forest cooperatives as a sadly scarcely mapped fragment of the colorful mosaic of the history of cooperatives. Above all, however, it provides a detailed picture of the thirty-year existence of the Forestry Cooperative of Municipalities residing in Přibyslav near Havlíčkův Brod, which was one of the largest and most successful cooperatives of this category in the Czech lands since the 1930s. It gradually became a model cooperative and a guarantor for other businesses of a similar nature. Source research also allowed small biographical probes and diplomatic examination of official documents arising from the operation of the studied company. The set goal is based on an analysis of archival sources, contemporary press and specialist literature, carried out on the basis of the methodological background of economic history in combination with the use of other historical and statistical methods. The time frame of the integral part of the work is defined by the period 1930- 1959, i.e. the period of legal existence of the analyzed cooperative. As far as clarifying the formation of local efforts to establish a cooperative is concerned, the lower time limit is supplemented by facts from the period...
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Prosecution of property crimes in Czechoslovakia 1948-1990
Rohr, Karel ; Soukup, Ladislav (advisor) ; Šouša, Jiří (referee) ; Vojáček, Ladislav (referee)
This thesis examines the different criminal law protection of property according to dif- ferent types of ownership in Czechoslovakia between 1948 and 1989. At the same time, the object of interest was also a closer understanding of the judicial practice of punishing attacks against the type of property that enjoyed increased legal protection provided by the means of criminal law at that time. In that period, property in socialist ownership enjoyed greater legal protection than pri- vate and personal property. Private and personal property belonged to specific natural persons, as a rule, it originated mainly from their work activities, or inheritance, donation, etc., and served mostly to satisfy the personal, life and family needs of the owners. Property in socialist ownership was most often the property of state and cooperative organisations (agricultural and manufacturing), nationalised and national enterprises, trade union movements, etc. Virtu- ally all property that served the functioning of industry or was of importance from the point of view of the economy and national economy was socialist property. An important part of the research was a description of the development of the legal framework, which changed over time, most substantially in 1950 and 1961, according to two criminal laws,...
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Local People Courts (1961-1970) - Socialist Experiment inTheory and Practice
Špergl, Jindřich ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee) ; Salák, Pavel (referee)
LOCAL PEOPLE COURTS (1961-1970) - SOCIALIST EXPERIMENT IN THEORY AND PRACTICE. Abstract The dissertation deals with the Local People's Courts (LPC), which were the basic element of the judicial system of Czechoslovakia between 1961 and 1970. After defining the historical and ideological reasons for the LPC, including a reference to their predecessors, the Comrades Courts, the work also deals with the legal regulation of these courts. Here is outlined the way they were set up, their composition, their jurisdiction and the procedure before them. After describing the legal framework of the LPC, there follows a list of the factual deficiencies of it such as uncertainty in a number of legal questions, the participation of a laic element only in decision-making and the inequality of the offenders in the LPC system. Part of the work captures the LPC periodical evaluation in the professional press as well as the authorities of the ruling Communist Party. The last theoretical part of the work is devoted to the abrogation of LPC and its reasons. The theoretical part is followed by the practical part, which is a probe into the life of LPC in one region. This provides a comparison between theory and practice. Based on authentic archive materials, it provides insight into the decision-making practice and internal...
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Development of Czech water law and legal relations related to water
Urban, Michael ; Kindl, Vladimír (advisor) ; Šouša, Jiří (referee) ; Vojáček, Ladislav (referee)
Development of Czech water law and legal relations related to water Abstract This dissertation thesis deals with the development of the legal regulation of water law and legal relations related to water in the Czech Republic. It provides an interpretation of the issue from the beginnings of the Czech state to the present. The thesis is divided into sixteen chronological chapters focusing on individual periods of development of this issue. The individual chapters are divided into sub-chapters dealing with sub-fields of water law and legal relations related to water. The first four chapters provide a theoretical introduction and a common basis for the other chapters. The first chapter contains an analysis of the concept of water law and the systematics of water law. The second chapter provides an outline of the development of water law in antiquity as an illumination of the earliest roots of water law. The third chapter discusses the foundations and structure of Roman water law as the methodological basis of the field of water law. The fourth chapter deals with the basic features of the development of water law in the territory of states neighbouring the Czech Republic. Chapters 5-15 form the core of the thesis and deal with individual periods of development of Czech water law and legal relations related to...
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Ideal or mirror? Principles and ideas of the May 9 Constitution and the 1960 Constitution and their reflection in criminal and civil law
Blažková, Tereza ; Kuklík, Jan (advisor) ; Rákosník, Jakub (referee) ; Šouša, Jiří (referee)
- Ideal or mirror? Principles and ideas of the May 9 Constitution and the 1960 Constitution and their reflection in criminal and civil law. Presented thesis entitled "Ideal or mirror? The principles and ideas of the Constitution of May 9 and the Constitution of 1960 and their reflection in criminal and civil law" deals with the issue of constitutional development on the territory of Czechoslovakia after 1945. The work has several levels. It examines the role of the constitution in the process of creating other legal regulations and asks questions about the role of the constitution in society in relation to its ideological anchoring. It also focuses on examining the influence of communist ideology in constitutional law, especially in the process of adopting the constitution. The work also affects the role of constitutional values within the codification processes that followed the adoption of the May 9th Constitution and the 1960 Constitution. Criminal law and civil law were chosen as examples of these codification processes. Conceptually, the work is divided into four basic chapters. The first part of the thesis includes the definition of the topic, including the methodology, and also outlines the sources and materials used for the preparation of the dissertation. Due to the definition of the...
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Legal regulation of the end of marriage by divorce during the years 1918 - 1963 in comparison with the current legal regulation
Rubriciusová, Anna ; Šouša, Jiří (advisor) ; Kuklík, Jan (referee)
1 Legal regulation of the end of marriage by divorce during the years 1918 - 1963 in comparison with the current legal regulation Abstract This thesis deals with the historical development of divorce law in the Czech lands and the comparison with the current legislation. The aim of the thesis is to describe and analyse the legal regulations of the termination of marriage by divorce and separation mainly between 1918 and 1963 in a comprehensive and clear manner. The thesis captures the significant changes that have taken place in the law of divorce and separation and seeks to approach not only the substantive law but also the procedural law. The author based her work on specialist literature, case law, contemporary texts, substantive and procedural law, documents from the Prague City Archives and foreign language literature. The sources show what changes the transformation of the legal regulation of marriage has achieved and also what improvements in the legal regulation can be achieved. For a proper interpretation of the thesis, the concepts related to divorce, separation and divorce law are defined in the introduction of the first chapter. The first part of the thesis further deals with the development of the legal regulation of separation and divorce, among other things, the first documented termination...
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Personal ownership in Czechoslovakian law in 1964 - 1990
Ebrahimi, Arian ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee)
Personal ownership in Czechoslovakian law in 1964 - 1990 This thesis aims to comprehensively describe the regulation of personal ownership in Czechoslovakian law in the years 1964 to 1990. The thesis deals with the origin and development of this property type in Czechoslovakia, including the constitutional aspect of property law under socialism and Soviet law, which significantly influenced the Czechoslovakian law. Emphasis is placed on the description of the historical and philosophical roots of property rights with regard to Marxist-Leninist ideology. The introductory part of the thesis comprehensively discusses the regulation of ownership in key legislation before the year 1964, including both post-war Czechoslovakian constitutions and key laws such as the Civil Code of 1950 (Act No. 141/1950 Coll.) or the Economic Code (Act No. 109/1964 Coll.). The main part of the thesis focuses on the regulation of personal property in the Civil Code of 1964 (Act No. 40/1964 Coll.) as amended before 1990. The text compares the original wording of the Code with the amendment of 1982, which returned to the Code traditional Roman law institutes such as possession or easements. The analysis of key provisions in the Civil Code of 1964 is based on contemporary commentaries, legal textbooks and relevant case law,...
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Activities Extraordinary People's Courts in the period 1945- 1948
Feniková, Petra ; Šouša, Jiří (referee)
1 Activities Extraordinary People's Courts in the period 1945-1948 Abstract The aim of my dissertation was to evaluate the activities of extraordinary people's courts in the period 1945-1948, which were established on the basis of Decree of the President of the Republic No. 16/1945 Coll. on the punishment of Nazi criminals, traitors and their helpers and on the extraordinary people's courts of June 19, 1945, also called the Great Retribution Decree. Particular emphasis was placed on examining the substance of the defendants' procedural rights in proceedings before these courts. The work, in its first rather theoretical part, descriptively identifies and analyses the procedural rights of offenders, which were associated with proceedings before retribution courts. The large retribution decree itself referred to the application of the then valid Criminal Procedure Code, which was Act No. 119/1873 Coll., Which introduces a new code of the Criminal Court, as amended (Criminal Procedure Code). It was thus necessary to examine which other procedural rights, in addition to those set out directly in the text of the decree, were applied in the proceedings. For this purpose, in addition to legal norms, implementing regulations were used, not only at the level of decrees, but also directives, instructions or...
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