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The duel in Czech law
Jindříšková, Eliška ; Starý, Marek (advisor) ; Skřejpková, Petra (referee)
The purpose of the thesis is to analyse the law approach to duels in Czech law history and by analysis of selected legal texts to confirm the hypothesis that rather than idea of social development with ideas of humanity it is the fact that duel by its nature is competing with the law that determines the prevailing law approach to duels and the progress of this approach. This matter, the law approach to duels changing dynamically in history, is observed particularly from a law-giver point of view. The thesis consists of eight chapters, including introductory and ending part. The division into chapters is made chronologically with respect to prevailing law approach to duels (with the exception of the first and second chapter). In Introduction are briefly listed and evaluated works dealing with the abovementioned matter as well as introduction to the methodology used in the thesis. Chapter One examines meaning, origins and development of meaning of the word duel ("souboj" in Czech) and its equivalents. Chapter Two deals with origins of the duel. It is divided into two parts. Part One presents the main approaches in recent literature to the matter of duel origins. Part Two focuses on one of the most important sources of duel - a feud. Chapter Three is addressed to the duel as a part of legal...
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Status of the emperor according to the Austrian constitutions
Danielovský, Martin ; Starý, Marek (advisor) ; Kindl, Vladimír (referee)
Resume Status of the emperor according to the Austrian constitutions The purpose of this thesis is to analyze the position which belonged to the head of the Habsburg Monarchy according to the Austrian Constitutions from the second half of the 19th century. The revolutionary years 1848-1849 caused changes in the constitutional system of the monarchy. These changes were also reflected at the level of head of state. The emperor was no longer to be sole representative of state power, but he had to participate in it together with the parliament and the government. When examining these changes, it is necessary to differentiate the formal position of Emperor, which belonged to him under the Constitutions and his factual position. Realistically, the emperor maintained until the collapse of the monarchy considerable influence on the exercise of state power. The work explores the following constitutions: Pillersdorf (April) constitution of 1848, Kremsier constitution of 1849, Stadion (March) constitution of 1849, Schmerling (February) constitution of 1861 and Beust (December) constitution of 1867. The work is divided into six chapters. The first chapter describes constitutional and political development of the Habsburg monarchy since revolution in 1848 until the release of the December constitution in 1867 and it...
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Legal forms of political persecution in the Czechoslovak Republic in the period of communist totalitarian regime
Hlaváček, Radek ; Kuklík, Jan (advisor) ; Starý, Marek (referee)
Legal forms of political persecution in the Czechoslovak Republic in the period of communist totalitarian régime This thesis Legal forms of political persecution in the Czechoslovak Republic in the period of communist totalitarian régime is divided into five chapters. In the theoretical part of the thesis (chapter No. 1) the author defines examined period to be between years 1948-1960, defines political persecution as a legal term and desribes the ideological basis of communist law. In the end of this chapter there is a categorisation of legal forms of political persecution that is reflected in the core part of this work. In the second chapter author depicts causes of political persecution in the Czechoslovak Republic in the period of communist totalitarian régime that are based on legal and political developement between years 1945 and 1948. In the scope of this chapter author also offers a general characteristics of the period of so called Third republic. Constitutional developement in the Czechoslovak Republic after second world war and the system of Popular Front of Czechs and Slovaks are also depicted here. This chapter also includes assessment of the constitutional system of the Czechoslovak Republic between years 1948 and 1960 and of the political situation in the years 1945-1948. The...
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Registration of real property in Bohemia and Moravia (development of the land registry)
Vachalovský, Martin ; Kindl, Vladimír (advisor) ; Starý, Marek (referee)
The purpose of this study is to explain the development of real estate registration in Bohemia and Moravia from the very beginning belonging to the 11th century to the last stage of development prior to the current arrangements. Thanks to this study should be easier to understand the current treatment of real estate cadastre in all its complexity. Thus, including the principles and tools from which it is based. The whole historical development is no less interesting areas, where the development of real estate registration, always reflect the current major historical events. Some events can interfere with the subject more and some less, but this issue, which is intersecting virtually the entire period of Czech Statehood, can't be investigate without the knowledge of the historical circumstances specific to each developmental period. This study is divided into two chapters. The first chapter deals with public books, which are instruments in which they were written ownership rights to real property for the purpose of ensuring and strengthening the rights of the owner against foreign interference in its ownership. This was for most of its existence almost purely private instrument, but eventually during the Communist regime was associated with the real estate cadastre. This chapter is divided into five...
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The Memoirs of Dačický as a Source of Information about Czech Law of Early Modern Period
Matyášová, Josefína ; Malý, Karel (advisor) ; Starý, Marek (referee)
The thesis deals with one of the most famous sources of citychronography that were being created in Bohemia in the 16th and early 17th century. The most competent and prolific literary author of Dačický's Paměti was Mikuláš Dačický of Heslov - a very controversial figure of the KutnáHora society before the Battle of the White Mountain. Beside introducing Dačický's personality and his own experience with the judiciary of the times, the thesis goes briefly into the history of Kutná Hora in the Middle Ages and the Early Modern Times and describes the city administration and the typical course of legal proceedings as it went before the municipal court. Paměti reflect the diverse crime of the time: the thesis focuses mainly on killing - special attention is paid to the agreements on the head (smlouvy o hlavu), female crimes or suicides - further affrays, duels, slanders and questioning of somebody's impeccability, frauds, thefts and robberies. Keywords Mikuláš Dačický of Heslov, the law, criminality, early modern period, Kutná Hora, city chronicle
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Incorporation of Luxembourg among the Lands of the Bohemian Crown
Stehlík, Martin ; Starý, Marek (advisor) ; Kindl, Vladimír (referee)
The object of this diploma thesis is the incorporation of Luxembourg among the Lands of the Bohemian Crown. This theme was chosen primarily for the reason that it have not been compiled and analyzed by historiography so far. Available literature usually takes the incorporation of Luxembourg in the Bohemian Crown automatically as a fact without further reasoning. As a result of this approach there is considerable amount of inaccuracies and mistakes in literature. Primary inaccuracy is in a date or in a time period determining the incorporation of Luxembourg in the Bohemian Crown, when literature often indicate the reign of King Charles IV or even the reign of King John of Luxembourg. The purpose of this diploma thesis is not only analyzing the process of incorporation, but also disproves continuing inaccuracies. For this reason the diploma thesis draws and analyzes essential facts primarily from original sources and confront them with available literature. First chapter briefly introduces the institution of the Bohemian Crown for her distinguish from the Kingdom of Bohemia. Further it analyzes the terms "crown" and "incorporation". At last it describes a beginning of the Bohemian Crown and analyzes fundamental documents of this institution. Following second chapter describes the personal union...
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Municipal capital court in Říčany in the 16th to 18th century
Stejskal, Vladimír ; Adamová, Karolina (referee) ; Starý, Marek (referee)
This thesis is devoted to the detailed description of activities of the municipal court in Říčany in the course of its historical existence. The court had been established probably in the half of 16th century. The court disposed with the capital jurisdiction, which lost by the Theresian act in 1765. Although an entanglement of patrimonial establishments had been common in many municipal courts in the course of the 16th century, the preserved historical records did not confirm this praxis in the court of Říčany in the 16th century, as well as in the course of Thirty Years' War. The universalism of capital punishment had been typical in this earlier period. The capital punishment was applied in offenders of almost all offences. Similarly, a torture had been used in interrogation of all criminal offences. Jural restrictions of torture application had been completely missing in this period. From 1580 the jural directive for court processes and punishment of offenders had been represented by the Municipal Laws by Paul Koldín or by the Land Constitution. From the sixties of the seventeen century activities of the court had been described in details in jural records - "Manuals". Typically, those records described contents of particular court processes in details, namely arrest, examination, confrontation,...
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Constitutional changes in the Czechoslovak Republic in 1938-1939
Hofman, Lukáš ; Kuklík, Jan (advisor) ; Starý, Marek (referee)
This work deals with legal aspects of changes in Czechoslovakia in 1938-1939. Firstly, it outlines the historical background and relationships that were being formed during the First Republic. It further deals, in particular, with the constitutional development in course of so-called Munich crisis, i.e. describes plans for rebuilding of Czechoslovakia, as well as adopted measures and the Munich agreement itself that led to reduction of the territory of the state and liquidation of its political and economic independence. It also deals with development of the Second, post-Munich Republic from both internal and international perspective. Regarding internal changes, it points out to creation of autonomous lands, election of president Hácha, adoption of Enabling Act and elections to autonomous assemblies. To make the picture complete, several issues regulated on level of ordinary acts are chosen that demonstrate a shift from principles of humanism and democracy. A part devoted to the international development depicts territorial losses in favor of neighboring countries, effort to obtain guarantees of borders, as well as it mentions forms of forced cooperation with Germany. The end of the work deals with disintegration of the state, i.e. declaration of Slovak independence and invasion in the Czech lands...
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The Constitution of the Habsburg Monarchy in the first of 19th century in comparison with the Polish Constitution of 3rd May
Burešová, Pavla ; Adamová, Karolina (advisor) ; Starý, Marek (referee)
The thesis deals with the analysis of the Constution of first half of the 19th century in Habsburg Monarchy (The Pillersdorf constitution, The Kremsier constitution and The Stadion constitution) and with the analysis of the Polish Constitution of 3rd May from the year 1791. The first section describes constitutionalism as a concept. It is followed by an overview of previous historical events, which have great influence of the constitutional progress in the Habsburg monarchy in the previous period. The third chapter describes The Pillersdorf constitution, the fourth chapter is dedicated to The Kremsier consitution (and The Kremsier Assembly) and the fifth chapter discusses The Stadion constitution. Then is following by short section which is evaluating the influence of Austrian constitution on subsequent development of constitutionalism in Habsburg Monarchy. The seventh chapter is devoted to Polish Constitution of 3rd May and describes naturally also historical reasons for adoption of this constitutional text and an internal political situation in Poland especially during the 18th century. The last one but very important chapter consists from comparison of the Polish constitution and of Austrian constitution. This part compares all the constitutional texts in a brief summary and tries to find main...
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