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Laesio enormis
Jirman, Daniel ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
LAESIO ENORMIS Abstract This diploma thesis is focused on the institute of Laesio enormis, which has been returned to the Czech legal system after many years with the effect of the new Civil Code No. 89/2012 Coll. The importance of laesio enormis has been rising currently, when the market place is controlled by powerful commercial instruments and the prices are uncontrollably rising due to various external influences. Therefore this thesis is focused on the analysis of the institute, which is protecting the injured contracting party, and breaks through one of the bacis principles of the civil contract law, such as the autonomy of the will. The aim of this thesis was also to explain the origin of this institute and its development, that was necessary to observe the development of philosophical thinking in relation to the understanding of fair price, which is absolutely crucial in the aplication of the laesio enormis. For better understanding of the valid regulation of the institute in the Czech legal system, the diploma thesis analyzes the individual sources regulating this institue, which can be found mainly in the surrounding European countries. It was also essential to define laesio enormis in the context of other institutes breaking the principle of the autonomy of the will, such as the protection of...
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Assisted reproduction - legal and ethical aspects
Novotná, Michaela ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Assisted reproduction - legal and ethical aspects Abstract This master's thesis discusses legal and ethical aspects of assisted reproduction. The aim of this thesis is to describe current legislation governing assisted reproduction, evaluate whether such legislation is able to meet the needs of modern society and also to discuss possible amendments thereof necessary for establishing a reasonable and effective legal system. With respect to the fact that assisted reproduction still represents a controversial topic among the general public, this thesis also deals with related ethical aspects and mentions the most contentious topics debated both in the Czech Republic and worldwide. This thesis is divided into six chapters. The first chapter explains the term assisted reproduction and describes its main principles, methods and procedures along with conditions for assisted reproduction including infertility. The second chapter of this thesis is more practical and focuses on topics related to providing assisted reproduction, such as who may provide said medical service or who may be the recipient thereof. The question of financing this medical service and its connection with the public health insurance system is also reflected. The third chapter is aimed at donorship of gametes and related aspects including...
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Dissolution and settlement of co-ownership of immovable property
Dušková, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Dissolution and settlement of co-ownership of immovable property Abstract The thesis aims to interpret and analyse the current legal regulation of the dissolution and settlement of co-ownership with application to immovable property in context of the relevant case law of the Supreme Court. The thesis focuses on the immovable property because the (generally regulated) institution of dissolution and settlement of co-ownership is used in practice mainly in relation to immovable property. Concerning legal grounds which can be applied by law when the co-ownership is being dissolved and settled, the attention is mainly paid to court decision. However, the second legal ground, the agreement on the dissolution and settlement of the co-ownership, which is (following the principle of autonomy of will) the preferred legal basis for the dissolution and settlement of the co-ownership, is not overlooked. Of the various ways of judicial settling the co-ownership, the thesis places the most significant emphasis on the actual division of the immovable property (into two or more separate parts). However, the other ways of judicial settling the co-ownership, namely the division of the immovable property into units, the transfer of the immovable property to one or several co-owners and the ordering of the sale of the immovable...
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The Doctrine of Loss of Chance and its application in the Czech Law
Dlabolová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The Doctrine of Loss of Chance and its application in the Czech Law Abstract This thesis diploma deals with the civil law doctrine of "loss of chance" that addresses the issue of proving causation in medical-legal disputes. The author of the thesis has defined the following research question: "What is the position of the Supreme and Constitutional Court of the Czech Republic regarding the application of the doctrine of "loss of chance"? The primary aim of this thesis is to evaluate the approach to the doctrine of "loss of chance" within the legal system of the Czech Republic by critically analysing the relevant case law of the Supreme Court and the Constitutional Court of the Czech Republic. This thesis discusses the development in the views of these judicial institutions on the application of the doctrine and also describes the approaches of foreign judicial practices to the application of the doctrine of "loss of chance". The thesis also points out certain mistakes that are often made by courts in the interpretation of "loss of chance" doctrine, which may lead to a rejecting of the doctrine. Finally, the paper summarizes the positive and negative aspects of the doctrine. The thesis consists of three parts. The first part provides a theoretical definition of the doctrine of "loss of chance" and points out...
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Divorce in Czech and French legislation
Čechová, Michaela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Divorce in Czech and French legislation Abstract This diploma thesis deals with explanation and comparison of legislation of divorce in the Czech Republic and the French Republic. The main aim of this thesis is to give reader the sense of a system of legal instruments concerning the divorce, which are used on the one hand in the Czech Civil Code ("Občanský zákoník") and on the other hand in the French Civil Code ("Code civil"). The explanation is ended by speculating, which French legal instrument could be potentially introduced and applied in the Czech regulatory environment. The thesis is based on Czech and French specialised literature and legislation. Main legal acts, which were used, are Czech ("Občanský zákoník") and French ("Code civil") Civil Codes. Procedural acts were also used, namely Czech ZŘS, OSŘ and French Code de procédure civile. The thesis is divided into four chapters. First chapter is devoted to brief overview of the historical evolution of the legislation of divorce on the current territory of the Czech Republic and the French Republic. The most important legal acts and events, which has affected the evolution of the legislation, are mentioned. Current legislation of the divorce in the Czech Republic is analysed in the second chapter. Substantive, but also procedural aspects of divorce...
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Transsexuality in law
Nguyenová, Nikola ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Transsexuality in law Abstract Gender reassignment is a topical issue that concerns only a relatively small number of people and is not given the necessary attention in the Czech legal environment, although the legislation is insufficient for a long time and does not comply with internationally recognized human rights standards. The legal system is based on the binary concept of gender and trans people are often unable to place themselves within it. The title of the thesis reflects the legal situation of trans people in the Czech Republic, as the legislation pays attention only to transsexuals and allows them to achieve life in the official gender they identify as. The law forgets other trans people who, for various reasons, do not wish to undergo surgical gender reassignment and, due to unfavorable legislation, have to deal with unpleasant and humiliating situations and discrimination. The thesis provides an explanation of the terminology of the issue, a description of the process of gender reassignment and an analysis of the legal status of transgender people in the Czech Republic with an emphasis on a critical analysis of key aspects of gender reassignment. In addition, the provisions of the Czech legislation in the Civil Code, the Act on Specific Health Services, the Act on Registries and the Act on...
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Apartment lease termination in terms of substantive and procedural law
Sobotková, Žaneta ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Apartment lease termination in terms of substantive and procedural law Abstract The diploma thesis is focused on particular reasons of the apartment lease termination, according to the Civil Code no. 89/2012 coll. and act no. 90/2012 coll., corporate law. The legal regulation in the civil code no. 89/2012 coll. is not comprehensive, and therefore this thesis deals with the reasons that are set out in both the special provisions on the apartment lease termination the termination of an apartment and a house, as well as the reasons arising from the general provision on the lease and termination of obligations. The thesis consists of an introduction, seven chapters and a conclusion. It is based on valid legal regulations, case law, professional literature and other sources. The first chapter outlines the historical development of the institute of renting an apartment and its demise. The basic law became the General Civil Code, which applied in the territory of the Czech republic on the basis of the Reception Act of 1918. The discontinuity with the previous legislation occurred in 1948 after the Communist Party took over political power. Then the Civil Code No. 141/1950 Coll. and the Civil Code No. 40/1964 Coll. were adopted. The second chapter discusses the institute of tenancy, lease agreement and the concept...
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Security interest (pledge) and other entries in the Register of Pledges
Haushalterová, Andrea ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Security interest (pledge) and other entries in the Register of Pledges Abstract The aim of this master's thesis was to expound the current legislation, but also to explain the practical aspects of operation of the Register of Pledges, to identify the most significant deficiencies in the legislation and operation of the Register of Pledges in the process of registration of individual in rem rights in the Register of Pledges, to analyse these deficiencies and propose different possibility of more appropriate legislation and operation of the Register of Pledges de lege ferenda. For this purpose, the very text of this master's thesis is divided into two main sections. The first section of this master's thesis deals with general aspects of security interest and the Register of Pledges, concentrating mainly on their regulation in the Civil Code and the Notarial Code. Given that the legislation concerning security interest which is currently in force is rather extensive, the author of this master's thesis first addresses mainly provisions regulating security interest in general, and then focuses on provisions concerning special regulation of security interest which are associated with registration of pledge in the Register of Pledges. Furthermore, the author also deals with legislation regarding creation of...
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Comparison of Czech and Slovak regulation of legal consequences of the dissolution of marriage
Stolleová, Nela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Comparison of Czech and Slovak regulation of legal consequences of the dissolution of marriage The topic of the diploma thesis is the legal consequences of the dissolution of marriage. The consequences of the dissolution of marriage are examined in two legal regulations, Czech and Slovak, and at the same time compared. The individual ways of marriage dissolution are discussed on an ongoing basis. The work consists of an introduction, five chapters, which are further divided into subchapters, and a conclusion. The first chapter deals with the concept of marriage, its purpose, functions and obligations, and the rights arising from it. The second chapter deals with the historical development of the legal regulation of the dissolution of marriage. Both in the territory of today's Czech Republic and the territory of today's Slovak Republic, from the 18th century to the current legal status. It is not without interest that while for a long time the two legal regulations were separated from each other, ie they were completely different, a relatively long period of joint legal development followed, so that after the division of the Czechoslovakia the two legal regulations diverged again. Every dissolution of marriage necessarily has certain legal consequences, which differ to some extent precisely...
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Liability for Damage Caused in Connection with Operation of Vehicles
Farid, Sarah ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Liability for Damage Caused in Connection with Operation of Vehicles Abstract Liability for damage caused in connection with operation of vehicles is defined as a no- fault liability in sec. 2927 et seq. of Czech Civil Code and it belongs among other so-called special cases of no-fault liability. In order for the obligation to compensate for damage to arise, it is absolutely necessary that all legal preconditions are met, both elemental ones as well as specific ones which are regulated specifically for each type of no-fault liability. However, when determining specific preconditions for the occurrence of the obligation to compensate pursuant to sec. 2927, the Civil Code uses terms such as "vehicles", "transport", "operator" or "special nature of transport" without defining these terms in any way at the same time. The insufficient concretization of above mentioned terms then causes many practical problem connected with their interpretation and application. The aim of this thesis is to analyze some selected problematic aspects of no-fault liability according to sec. 2927 of Czech Civil Code, to evaluate the legal diction and to offer answers to some unanswered and uncertainly or conflictingly answered questions related to these selected legal aspects. For such purpose, mainly the descriptive-analytical method...
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