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Rent and other payments for (using of) residential space in comparison with German and Slovak legislation
Zikmundová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
1 Resumé The topic of this diploma thesis is Rent and Other Payments for (Using of) Residential Space in the current Czech legal regulation and the subsequent comparison with the German and Slovak legislation. The introduction to rent in the Czech Republic, which includes a brief historical development, is followed by a detailed analysis of the provision on rent and other payments for (using of) residential space while a substantial part of the work is concerned with increases in rent. Moreover, the thesis contains an analysis of German and Slovak legislation on rent, focusing on the similarities and differences as compared to Czech legislation. The current Czech Civil Code is based on the principle of private autonomy, but even it has its limits, that are obvious in leases for residential space legislation. The Civil Code contains a number of mandatory standards from which it is not possible to validly derogate to disadvantage of the lessee. However, these special provisions may be applied only in the case that the lease serves to satisfy the lessee's or his household members' housing needs. One of the lessee's principal obligations is to pay the rent, which is negotiated as a fixed amount payed usually per month, but the parties are allowed to arrange another payment period. Furthermore, it is...
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Legal status of a surviving spouse
Sáblíková, Martina ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Legal status of a surviving spouse Abstract The topic of my dissertation is legal status of a surviving spouse. In the introductory of this thesis I concentrated on the death of a spouse whereby the other spouse becomes the surviving spouse. Within this chapter I took into account substantive-law aspects, as well as procedural-law aspects of legal regulation, that means proving death, including proceedings to determine date of death, but also presumption of death, including declaration of death of a missing person. Then, I tried to point out the issue of determining the date of death relating to law of succession. Within the second chapter devoted to the status of a surviving spouse in terms of law of succession, I have focused on law of inheritance as such, including legal capacity and incapacity to inherit. Within this topic I tried to analyse the status of the surviving spouse as a statutory heir (his/her position as the heir of the first and second degree), the spouse as an incompetent heir, also as a testamentary heir, and finally as an heir subject to an inheritance contract. I also tried to think about the question why in the law of the Czech Republic the surviving spouse is not considered as the forced heir, while in other jurisdictions a spouse is a forced heir. Another chapter deals with the...
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Testamentary succession
Muzikář, Martin ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Testamentary succession Key-words: inheritance, inheritance proceeding, notarial registration, public record, successi- on, testament. Abstract This rigorous thesis deals with the questions of testamentary succession. These problems re- present main section of law of succession and they are also very actual in the context of a new legal form respecting freedom of the testator will. The thesis aims to provide reader compact and practical view on testamentary succession and analyze especially polemic questions, which are problematic in practice. The thesis issues not only from the study of contemporary literature and practise of the courts, but also closely explore historical legal forms, especially legal form included in General Civil Code. With this is connected analysis of authentic literature and practice of the courts (e. k. Supreme Court from 1859−1915 and Supreme Court of Czechoslovak republic from 1919− 1948). Last but not least the thesis gathers from the wide variety of foreign sources and offers comparison with the similar legal forms like Austrian, German and Swiss. On the strength of these informations it solves submitted problems from a practical point of view, so that resul- ting conclusions constitute not only logical interpretation of law, but especially follow the purpose of the legal form...
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Illegal structure and legal relations arising from it according to Czech law, in comparison with German legislation
Pumprlová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with legal relations arising from illegal structures at the level of private law. In view of the fundamental changes brought to private law by Act No. 89/2012 Coll., the Civil Code, the author submits a critical view of the existing jurisprudence and current doctrines and opinions in literature, and, looking for German judicial practice and literature, seeks appropriate interpretative instructions, which are applicable to current legislation. The author also uses conclusions relating to the 1964 Civil Code and, in particular, to General Civil Code (ABGB), which are also applied in the Czech Republic and which is a great source of inspiration for the current legal regulation. The main chapter begins after the introduction in Chapter 1. The focus of this work lies in Chapters 2 and 3, which contain an assessment of the current legislation in light of the available literature and jurisprudence. Chapter 2 evaluates the Czech legal regulation after recodification, criticizing older case law and literature available so far and drawing conclusions from it which are applicable to the current legislative situation in the Czech Republic. Chapter 3 then deals with the German legal framework and points out its differences in relation to the perception of an unauthorized building in the Czech...
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Rights of passengers in air transport
Škorík, Martin ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
75 Resume in English Name of the thesis: Rights of passengers in air transport The thesis deals with the legal regulation regarding the rights of the passenger in air transport, including the general regulation of the concluded contract of carriage and the practical possibilities of a passengers to apply their rights in specific situations. In addition to the legal regulation, a significant part of this work represents the judicature not only of Czech courts, but also of the Court of Justice of the European Union, and to a lesser extent, of German courts. In terms of the thesis, the legal regulation is analyzed and identified (in the rage of contract of carriage also comparised with the German legal order), and its problematic aspects are determined and de lege ferenda are presented possibilities for their solution. The main aim of the thesis is to elaborate the current practical and theoretical themes of "transport law" with emphasis on the person's air transport and then to analyze and systematically include concrete rights of a passenger in individual contexts. The thesis is split into four chapters, divided into other subchapters, whereat the first chapter defines basic terms for "transport law", categorizes the transport itself and defines the legal regulation for national, international and European...
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Acquisition of property from unauthorized person
Talacko, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
In this diploma thesis, I deal with the institute of acquiring from unauthorized person., which is breaking of Roman principle nemo plus iuris ad alium transferre potest quam ipse habet. In English it means, that no one can transfer to someone else more rights, than he has himself. Also, the acquisition form unauthorized person is interfering to the constitutionally guaranteed rigth to own the property. Therefore the legislation must adequatly reflect this fact, but it has not always been so. In diploma thesis I deal mainly with the development of this institute, principles, which are connected with this institute and especially with the analysis and description of current legal regulation. The thesis is divided into four chapters and introduction. The chapters are further divided to subchapters, which deal with the theme in more detail. The work ends with conclusion. In the first chapter, I deal with the general issue of material rights. Then, I deal with the institute of ownership, its constitutional basis, the definition and also the ways, in which the ownership can be acquired. The second chapter is about the historical evolution of acquisition from unauthorized person. I analyze first the period of Roman law, and I emphasize the principle of nemo plus iuris. Than I continue through the...
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Protection of a forced heir and his disinheritance
Vladyková, Ivana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
- Protection of a forced heir and his disinheritance The protection of the forced heir has always been perceived as a clash of the will of the descendant and the principle of family cohesion. The objective of my thesis is to describe legal regulation of the forced heir and institutes related to this issue, i.e. their protection and disinheritance not only from the point of view of the current legal regulation according to the Civil Code No. 89/2012 Coll., but also from the point of view of their historical development. The diploma thesis is structured into four main chapters which are divided into subchapters. The purpose of the first chapter is to familiarize readers with the issue of inheritance law by defining its basic terms, revealing historical development from the time of Roman law through the ABGB General Civil Code to the modern legislation from 1950 and 1964 and taking account of their impact on the current legal system. The second chapter deals with the definition of the term of a forced heir, the determination of the size of the right to a forced share based on the age of the descendant, its determination with the possibility of inclusion and the principle for its payment. Furthermore, there are discussed the ways of protecting the rights of the forced heir. The third chapter deals with...
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Protection of Passenger Rights under European Private Law
Mikešová, Veronika ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of this thesis is rights of passengers under European private law. This issue is important for most people, since there is continuous expansion in travelling. Although passengers have quite extensive rights, they are often not aware of what they are entitled to during travelling. Therefore it is necessary to try promoting awareness of passengers about the rights which they have. One of the aims of this thesis is to create a comprehensive overview of rights of passengers in rail, road, water and air transport under European private law and to analyze some of the problematic provisions of the relevant EU regulations. Another aim is to compare regulations of individual modes of transport, in particular with regard to air transport, which seems to be the most widely regulated one, and to find out whether there could be uniform regulation for passenger rights in all modes of transport. In addition to introduction and conclusion, this thesis is divided into five chapters further divided into subchapters, while the first chapter serves rather as the basis for the next chapters and besides the definition of the term "passenger" introduces the sources governing passenger rights along with other non-binding documents created by the European Parliament and the Commision. The second to the fifth...
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Juridical institute of the guardianship council in the Civil Code of the Czech republic
Barejška, Tomáš ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Juridical institute of the guardianship council in the Civil Code of the Czech Republic The thesis deals with the legal regulations of guardianship council under of the new Czech Civil Code. The Czech legal system has not experienced the institute of guardianship council before, which brings an uncertainty into the interpretation of the respective provisions. The aim of this thesis is to analyse the most important provisions of the legal regulation, demonstrate impact of these provisions in practice, including eventual uncertainties and eventually to suggest a solution of the problematic parts of the regulation. Due to the author's personal membership of a guardianship council is the work enriched by the personal experience from a real existence of the guardianship council. Another part of the thesis is focused on the analysis of the French legislation and legislation of the Canadian province Québec. The Czech Civil Code explanatory report directly admits the inspiration in the above mentioned codices of France and Québec. Analysis and the consecutive comparison of the above mentioned legislation with the Czech one shall bring the interpretative basis for the application of the legal regulation of the guardianship council under of the Czech Civil Code. The main output of this thesis is to...
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Easements
Hejdová, Dagmar ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to present the legal institute of the easements in its complexity placing emphasis on the current legal regulation of this institute in the Czech Civil Code. The diploma thesis deals with the most important practical issues inherently linked to this legal institute with reference to the relevant judicial decisions and suggested solutions of the mentioned problems are presented. The aim of the diploma thesis is also to present the institute of the easements as the institute responsive to the current social conditions undoubtedly reflected in the legal regulation of the institute of the easements. The first chapter of the diploma thesis is devoted to the theoretical determination of the concept of the easements. In the second chapter the most important historical periods related to the institute of the easements are presented, from the ancient era to the present. The most important ancient principles linked to the institute of the easements are discussed and their importance for the contemporary legal regulation is emphasized. Subsequently, the diploma thesis also deals with the origination of the concept of the easements and the conceptual change in the current Czech Civil Code consisting in distinguishing the easements from the real burdens. The descriptions of the...
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