National Repository of Grey Literature 221 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Protection of personality rights
Strejcová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The objective of this thesis is to provide an overview of general part of the protection of personality in the Czech legal system, as well as a detailed analysis of selected aspects of personal rights. The thesis focuses on protection provided by the Act Nr. 89/2012 Sb., Civil Code, and the European Convention on Human Rights. Initial chapters of the general part of the thesis deal with brief introduction to the historical background of personality rights in the Czech legal environment, as well as with the definition of personality and personality rights as such, together with a demonstrative list of values protected by the general right of personality. The subsequent chapter provides an overview of Czech and international sources of law concerning personality protection. Chapter four deals with lawful and unlawful interferences with personality rights. The final chapter of the general part outlines legal means of protection of personal rights available according to the Czech law. The special part of the thesis is dedicated to a deeper analysis of three aspects of protection of personal rights. Chapter six deals with one of the most important personal rights, the right to privacy. This chapter aims to introduce the broad concept of privacy, including case law of the European Court of Human Rights...
Institution of shipping
Dudík, Jan ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Freight Forwarding The content of this thesis is a treatise on the issue of freight forwarding contract conclusion as well as on the topic of freight forwarding in general, namely in the context of Czech laws together with the laws of Germany and Austria. The thesis is divided into five chapters, whereas the author emphasizes, besides the comparison of the current and the previous legislations the clarification of basic terms of the law of transport and conceives the text as an elementary insight into an often overlooked issue. Demonstrated on the historical context, outlined in chapter two of the thesis, is the rather dynamic evolution of the branch as well as the set back of its promising beginnings in our countries caused by the installment of the totalitarian regime in the late 40s of the last century. Prevailing in the following legislative excursion, contained in the third chapter, is beside the aforementioned comparison, a pure analysis of the rights and obligations of the forwarding contract parties, means of their securing as well as of the alternative liability regimes, when included is also a brief description of the related types of contracts and the model transport documents used in the freight forwarding business branch. The fourth chapter consists mainly of an analysis of the legal...
Community property focused on settlement after its termination
Linhartová, Aneta ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...
Manifestations of Devisor's Will in the Law of Succession - comparative study
Štěpánová, Aneta ; Thöndel, Alexandr (referee)
This thesis deals with changes in the scope of autonomy of the devisor's will in the period from 1 January 1812 until the present days. Using the descriptive and analytical method and comparative method, the aim of this thesis is to explicate development of individual institutes of the law of succession, by means of which the devisor could or in particular can manifest his/her autonomy. This thesis is divided into five main parts, which are further divided into chapters and subchapters. The first part of the thesis represents an introductory excursus to the issue of the law of succession and the stress is put on basic principles of the law of succession and historical development thereof. The second part deals with manifestations of autonomy of the devisor's will under effectiveness of ABGB. Attention is paid to individual institutes of the law of succession and development thereof, special part deals with a testament as the most important manifestation of the freedom of disposition. Interpretation of individual institutes is presented in particular in the light of the comments and judicature of the period of the First Czechoslovak Republic. The third part deals with manifestations of autonomy of the devisor's will under effectiveness of the Civil Code of 1950. The third part endeavors to describe...
Roman law definitions, maxims, regulas and their reflection in recent law
Thöndel, Alexandr ; Skřejpek, Michal (advisor) ; Dvořák, Jan (referee) ; Židlická, Michaela (referee)
Dissertation The Roman Law definitions, maxims, regulas and their reflection to contemporary law This dissertation is focused on research of reflection of The Roman Law sentences and definitions to contemporary Czech law and also to new prepeared legislative regulation of the new Civil Code. The research of single maxims was not mostly carried out separeted, but rather in context of single basic legal institutes. In conformity of prevailing materia of Private Law in Roman Law and not only in his original sources, but also in traditional Roman Law literature; also in this context also the content of this dissertation is focused on the Private Law, especially on the Civil Law. Comprehensibly in the context of the Private Law regulation this dissertation also touches some parties of Public Law during the researching description the single legal institutes. The chapter X. is dedicated to the relationship of the Private Law and the Public Law. On the top of it there are the basic principles of the Criminal Substantive Law researched and commented on. The comparison of the Private Law system and the public Law system is based on probably existent disparity between in general unambiguous expressed definition of law by Iuventius Celsus on the one side and by the public well known of dualistic conception by...
Easements
Medunová, Adéla ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Acquisitive prescription This Master's degree thesis deals with the topic of acquiring the right of ownership by prescription (usucaption). Its aim is to describe the form of the institute in Czech law and to put it into a broader framework. Acquisitive prescription is a means of original acquisition of ownership rights to things. It solves the problem, when possessor does not own the object of the possession. The ownership to the thing is acquired under these conditions: good faith of the possessor, just title, possession for required time. The thesis is composed to five chapters. The introduction summarizes the aims of the study and explains the concept and the structure of the thesis. Chapter One is introductory and defines basic terminology used in the thesis. It describes the concept of things and rights in rem in Czech private law. Then it explains the theory of possession, such as its fundamentals, its meaning and protection provided to the possessor. After that it focuses on definition of ownership and methods of acquiring the right of ownership. This chapter concludes with a short explanation of what is acquisitive prescription and what is its significance. Chapter two focuses on the history of this institute. It highlights the most important aspects of acquisitive prescription in ancient...
Divorce and its consequences on property - a comparison of Czech and German legal regulation
Šaurová, Veronika ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of the thesis is divorce and its consequences on property - comparison of Czech and German legal regulation. The thesis is divided into four basic chapters, in which there is described the history of divorce, then there is explained the term of divorce itself followed by definition of different matrimonial property regimes in the Czech republic and in Germany. In the end the thesis concerns settlement of property between spouses after the divorce. The thesis profits from both analytical and comparative methods of approach. Each chapter is divided into subchapters for better clarity and easier orientation. The subchapter consists of first explonation of Czech legal regulation, followed by German legal point of view and both of them are compared at the end of each section. The aim of this thesis is to explore similarities and differences between both legal regulations. First chapter deals with the history of divorce. The periods concerned are medieval times, the 18th and 19th Century and the whole 20th Century's development in the end. The second chapter is dedicated to the term divorce itself. First the termination of marriage in general is explained, then the thesis pays attention to a qualified breakdown as the only possible legal reason of divorce. At the end of this same chapter the...
The relationship between the landlord and the tenant from the perspective of autonomous will of the parties
Cilínková, Magdalena ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
- 1 - Abstract The thesis focuses on specific aspects of relationship between the lessor and the lessee with emphasis to the principle of the autonomy of the will and its restrictions. The most significant restrictions occur in the area of rental housing in relation to its substantial social impacts. Increased tenant protection results in decrease of the rights of the other party and it happens so through imperative norms. The purpose of my thesis is to analyze balance between the rights of the parties and the possibility to affect its contents. The introductory part outlines general legislation on the lease law. The following chapters Two and Three deal with terminology, describe the principles on which the relationship of the parties is based and define lease law in terms of rental housing. Chapter four is subdivided into three parts, each of them dealing with different aspects of limitation of the basic principles in relation to specific institutes of the lease law. Part one focuses on unlawful agreements in the contract, part two on the restriction on agreements that would limit the rights given to the lessee and part three describes selected rights given to the lessee. Conclusions are drawn in the Summary chapter and provide an outline of the most significant problems in relationship between the parties.
"Svěřenský fond" - institute of intergenerational wealth preservation and succession
Skuhrovec, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
"Svěřenský fond" - institute of intergenerational wealth preservation and succession Abstract Thesis named "Svěřenský fond - institute of intergenerational wealth preservation and succession" is dedicated to describe institution of "svěřenský fond" from the perspective of a potential alternative or addition to a more traditional institutions of inheritance law. The aim of the thesis is to describe primarily its use to a purpose of family wealth preservation and succession. In order to fulfill this goal, the first part of the thesis analyses how fiducie/trust of Quebec made its way into Czech legislation. Main matter being the consequences adoption of a patrimony by appropriation caused. Second part follows historical roots of fiduciary institutes. It finds a persistent need for very similar fiduciary, trust-like institutes throughout history. The goal stays the same, a desire of families to preserve their wealth. Historical analysis, using an evolutionist paradigm, finds similarities between trust, modern fiduciary institutes and "svěřenský fond" which simply cannot be unseen. Based on this findings a hypothesis of a common ancestor is construed. Third part describes a newly acquired construction of trust-like institute, which was unseen in Czech law until 2014. It focuses on a result of transplantation of...
Contractual acquisition of ownership of movable things: comparison of Czech and German legal regulation
Müller, Christian ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Contractual acquisition of ownership of movable things: comparison of Czech and German legal regulation The aim of this thesis is to introduce and compare three main approaches towards acquisition of ownership of movable things, which are currently present on the European continent. For this purpose, three different civil codes are outlined, whereas each of them represents one possible approach. The question, which of these systems works the best, has already been thoroughly discussed at the European level. However, the Czech civil code of 2012 has decided not to follow the conclusion of these discussions and opted for a different approach. Since the Czech lawmaker does not provide a duly reasoned explanation as to why he has decided to adopt a different rule, this thesis aims to take a closer look at the reasons, which might have played a decisive role. The topic of this thesis is divided into the four parts. Chapter one is introductory and its purpose is especially to set out the essential terminology such as thing, ownership or acquisition thereof. Chapter two outlines the respective approaches towards acquisition of ownership of movable things. This chapter stepwise presents German Civil code, Czech Civil code of 1964 and Czech Civil code of 2012. Chapter three deals with the idea of...

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