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Protection of Personality Rights in Relation to Media
Havel, Marian ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of the master thesis Protection of Personality Rights in Relation to Media is the conflict between two constitutional rights - protection of personality and freedom of speech. Both of these rights are stated in the Constitutional Act No. 2/1993 thus they have an equal level of legal protection. However, conflicts can arise between the two. The thesis evaluates and analyses these two crucial rights and their conflicts. This thesis is divided into four main chapters, which are the following: Protection of personality, Freedom of speech as a main principle of media law, Protection of personality versus freedom of speech in the practice of the Constitutional Court, and Media development and its influence on the protection of personality. The first and the second part of the thesis analyse protection of personality and freedom of speech. The aim of the first two chapters is to present the sources of these rights, to define basic concepts, meanings and limits of these rights and to describe their possible restrictions. The third part of the thesis discusses general principles according to which possible conflict between the two rights should be solved. It also examines selected Czech court cases. Finally, the fourth chapter outlines media development since the 1970s with special emphasis on the...
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Disposition with real property in comparison with czech and finnish legal regulation
Kolban, Petr ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
7 Abstract Disposition with real estate falls within the scope of present diploma thesis. The main goal of the thesis is the comparison of two legal orders which are, in many ways, similar; nevertheless, there might be found some differences which are described in textual matter. The thesis itself is divided into six chapters redundant, reflects a reform of Czech private law in progress and compares Czech doctrine with relevant case law. It is focused mainly on real estate disposition from the point of view of private law (however, some aspects of public law had to be taken into account) and lays emphasis on legal terms such as "thing", "immovable", "property", "ownership", "disposition" in their broader meaning, and "purchase agreement" (and other topics related to them). The introduction contains the outline of the structure, main goals of the thesis and a definition of the term "disposition". Disposition is perceived, as mentioned above, in largo sensu meaning and includes not only the right to make a legal act concerning the thing but also the owner's rights to use, posses, gain benefits and destroy the thing. Chapter two deals with the historical development of Finnish land law. General legal history is also taken into consideration. The following chapter discusses various kinds of things which may be...
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The governing bodies of the association of owners of (residential) units and their decision/making
Seitlová, Petra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The governing bodies of the association of owners of (residential) units and their decision/making This thesis deals with the governing bodies of the asscociation of owners of (residential) units, their position in Czech legal order and their decision-making. Thesis is focused on the performance of decision making in practise and problems which are associated with it. It focuses primarily on the enactment of Act No. 72/1994 Coll., Act on ownership of (residential) units, including government regulation No. 371/2004 Coll., where are defined standard Articles of owners of (residential) units, which focuses on the problematic provisions or lack of legislation. The thesis consists of four chapters. The first chapter is introductory, there are defined goals of the work, postition of ownership of units in the Czech legal system, its historical development and definition of key terms. The second chapter describes the association of owners of (residential) units as a legal person, its origin, the rights and obligations standing in the legal system, including membership, which takes a closer view of the conditions, rights and obligations of individual members, and way of termination of membership. The third chapter describes the governing bodies of the association of owners of (residential) units. This...
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Land registry and its role in private law relations
Kliment, Václav ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The aim of the diploma thesis is to give readers an idea of cadastral legislation. The main attention is paid to the importance of Land registry for the area of private law. The thesis is logically structured and consists of three separate chapters, subdivided into parts and sections. The first chapter is composed of three parts and contains a historical guide throught the development of real estate records since the perriod of land registry books to the current form of cadastre of real estates. Emphasis is placed on the legal institution of Land registry books, which is the main source of inspiration for the treatment of so-called public directories contained in the new Civil Code. Author of the work include a historical chapter for better understanding of the current form of the cadastre and its main weaknesses. The second chapter is divided into five parts. The first two sections explains the basic concepts (eg, land, plot, building, dwelling unit and non-residential premises unit), and the principles on which the modification of cadastre costs (eg the principle of priority, the principle of formal and material publicity). Remaining three parts of the second chapter deal with the private aspects of the cadastral proceedings. Special emphasis is placed on the entry of legal relations, which is from the...
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Parental Responsibility, its Exercise and Well-being of the Child
Halama, Pavel ; Salač, Josef (referee) ; Frinta, Ondřej (referee)
The topic of this thesis is a parental responsibility, its exercise and well-being of the child. The work is devoted to analyzing the development of the relationship between parents and children, pointing out pros and cons but especially the regulation of the exercise of parental responsibility in relation to the interest and rights of a minor child, both in the past and de lege lata and de lege ferenda. Mainly deals with the consequences of the exercise of parental responsibility in relation to gauge parents. Compares the Czech legislation with developmental tendencies in Europe.
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Court deciding on the custody of a child with a special regard to selected institutions of civil law
Mazur, Jiří ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The court decisions on child's custody - summary The upbringing of children is one of the basic institutes of parenthood. As every legal institute even this one can be approached from different perspectives of legal regulation. This thesis is focused on aspects and consequences of court proceedings and decisions on the child's custody issues in relation with the divorce or separation of parents - as regulated in Sections 26 and 50 of the Act no. 94/1963 Coll., Family Act, as amended. I have chosen this particular topic for personal reasones. From the formal point of view, the thesis is divided into six chapters. In the first chapter, sources of the law and main terms are defined. Furthermore, the current legal regulation of the court's decision on the child's custody is compared to the legal framework, which is yet to come into effect, and in a more details the judicial application of the regulation is analyzed considering the legal and factual relations with the divorce and the parents separation. The second chapter and the third chapter are focused on the outline of the substantive law - the second chapter on the current legal framework, the third chapter on the rules set down in the new civil code. The fourth chapter contains the overview of the procedural regulations and institutions. The fifth chapter...
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Residential tenancy agreement - Landlord's status and non-mandatory provisions of Czech residential tenancy law
Doležal, Jakub ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
In my thesis "Residential tenancy agreement - Landlord's status and non-mandatory provisions of Czech residential tenancy law" I explore specific institutes of Czech residential tenancy law. I deal with contractual freedom of the parties to arrange their own rights and obligations that may differ from those that are prescribed by the Czech civil code. I also put emphasis on the new legislation that will come into effect in 2014, which is going to substantially change legal relations between lessors and lessees. Starting with basic legal requirements for lease agreement I then describe rights and obligations of the parties that stem from it. At the end I go over legal tenancy agreement termination options. Through the comparison of the law as it is and its impact on real life I attain the aim of my thesis: to show what is problematic in the Czech residential tenancy law.
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The relationship between liability for damage and liability for defects
Rozinková, Lucie ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
People encounter civil relationships in everyday life, thus the civil law follows a human being from his/her birth to death. Obligation relationships can arise not only at the basis of law actions, predominantly contracts, but also from illegal actions and by law qualified events, which lead to an origin of damages or a defect in an object of fulfilment. Both, liability for damage and liability for defects represent significant part of civil law and belong among the most discussed problems in law theory. The aim of this thesis is to focus on mutual relationship between liability for damage and liability for defects according to the Act No. 40/1964 LC., civil legal code, and to present important terms with a consideration of a rich judicature in this area. Some of the differences between liability for damage and liability for defects according to the Act No. 513/1991 LC. are explained briefly; since the commercial law modification would deserve a separate thesis. This thesis consists of six chapters which are further separated into individual subchapters. The first chapter is dedicated to the liability in general and its law- theoretical explanation and specification of the term civil liability. The second chapter called "Prevention of damages in civil relationships" tells about prevention of origin...
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Damages in civil law
Kolář, Martin ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Subject of this master's degree thesis is to delineate basic aspects of legal provisions connected with compensation of damage under Civil law. Main legal document, which regulates compensation of damage in the Czech Republic is Act no. 40/1964, as amended. This Act provides the basic elements of compensation, which include the general conditions of liability, method of compensation, the individual types of damage, etc. This master's degree thesis is dedicated mainly to the compensation of damage, whereas general and special liability is neglected, because it does not relate directly to the assigned topic. This master's degree thesis is divided into three main chapters. The first chapter of this master's degree thesis deals with basic institutes of compensation of damage in general. It includes description of basic function, subjects, lapse and court's moderation right all related to compensation of damage in general. The second chapter deals with basic assumptions of liability for damage such as illegal act or law qualified event causing damage, damage, causation and fault as well as circumstances excluding illegality, kinds of damages or main conditions related to the fault. The third chapter, from my point of view the most important, deals with compensation of damage and in this part is distinguished...
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Residential lease
Tlapák, Jan ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
One of the fundamental human right is dignified living. This thesis focuses on the lease of flat, which is the second most often legal cause of living in the Czech republic. The main reason why I chose this subject is effort to show major differences between former legislation of lease of flat and newer one, which came into operation on 1st November 2011. This amendatory act n. 132/2011 col. brought the biggest changes in this part of legal regulation for last 20 years. I also tried deal with completely new legislation of lease of flat, which is included in the new czech civil code, which will come into operation on 1st January 2014. It is not my goal to comprehensively analyse the lease of flat from the view of valid legislation. One of the main reason for it is that would considerably exceed the maximum recommended scope of the paper, that's why I don't mention such an extensive question of termination of flat leasing. The second reason, which was already mentioned, is primarily an effort to show the changes in the legal regulation of flat leasing. The thesis is divided into seven chapters. First chapter shows historical development of lease of flat from the times when Czechoslovak republic was founded. Further I give a lots of attention to communist period, when contract of lease was totally...
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