National Repository of Grey Literature 415 records found  beginprevious402 - 411next  jump to record: Search took 0.00 seconds. 
The selected issues of adoption
Reisingerová, Michaela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Adoption sets up a legal kinship and imitates biological relations. That is why adoption holds a unique position in law. I chose this topic because of its particularity and importance of adoption. Due to the current recodification the adoption has undergone great changes which brought new issues that scientific work is trying to solve. As the title indicates, my diploma thesis deals with two particular problems of adoption. The text is divided into three chapters. The first chapter is rather short and serves as an introduction to the adoption theme. It briefly describes the purpose of adoption, its effects, classification and legislation. It is a base for the following chapters. The first issue is the current legislation of adoption conditions. After more than sixty years of adoption evolution as a substitute child care form, the legislation and legal theory developed and stabilized. The chapter deals with all conditions and classifies them. The new Civil Codex 89/2012 Statute Book of the Czech Republic accepts most of the statutes and developes them so the adoption keeps its importance. As the second issue I chose the adoption of adult. The chapter talks about roots of adoption in Roman law, its evolution on our territory and causes that led to its current prohibition. Large part of the chapter...
Comparison of building legislation according to current and new Civil Code
Popelková, Eliška ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Comparison of building legislation according to current and new Civil Code In my master's thesis I focus on building legislation according to the Civil Code. The building, either as a separate thing or part of other things, is mainly the subject of ownership, but also of other civil relations. Therefore it is very widely used and discussed concept. The main goal of the thesis is to describe in detail concept of building in the current Civil Code, with focus on shortcomings and the most problematic areas, and confront it with changes in the new Civil Code. The purpose is also to provide summary of building issues and possible advantages or disadvantages its enactment in the new Civil Code. I mainly concentrate on different division of things and problems with definition of the term building, which apply to specific examples. Last but not least, the thesis evaluates new building enactment and tries to point out problems that may arise in connection with the transition to the principle superficies solo cedit. The master's thesis is, apart from the introduction and conclusion, composed of three chapters. Chapter one is introductory and deals with the principle superficies solo cedit, which is the pivotal principle related to building legislation. Describes its development from Roman law, via ABGB, until...
Protection of personality in media with respect to relevant case law
Kozic, Juraj ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
in English This final thesis deals with protection of personality against unauthorized infringement through media. This topic is highly up to date in the present information society. The aim of this thesis is to provide basic information about this problematic topic to the reader. The core of this thesis is constituted by definitions of two fundamental human rights, namely freedom of expression and right for protection of personality. They frequently conflict each other, so the main focus is placed on the process of finding the balance between these two. Special attention is dedicated to definitions of criteria that have to be taken into consideration by courts in order to find impartial and just decision in every individual case and thus determine the borderline between protection of personality and freedom of expression. Therefore, this thesis focuses on relevant case law of general courts, Constitutional Court and European Court of Human Rights. Another important part of this work is based on description of legal remedies, which Czech legal system provides to protect the personality of an aggrieved person against interference by media. Afterwards, the emphasis is given especially on the instruments of civil and media law. This final thesis consists of six chapters. The first chapter contains...
Wrongful birth, wrongful life
Špuláková, Eva ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
On the one hand means the development of medical science many new therapies and a greater chance of recovery for patients, on the other hand presents greater demands on the established lege artis procedure. In addition to professional medical procedure must follow the obligations arising from the doctor - patient relationship. The question is whether the doctor should be responsible for any negative consequences of his negligent conduct. Topic wrongful birth, wrongful life deals with fundamental human rights, legal protection of individual rights and responsibilities for the damage. The absence of explicit legislation on substantive issues means that the solution of the case can not be proceeded only by law. That is why I dealt for the most part of the work with foreign case law. The work consists of five parts. The first chapter is a general introduction to the topic. The second chapter includes selected foreign court decisions and presents individual problems which the courts deal with. At the end of the chapter referred to a ruling from the Czech Republic. In the following section are selected counter-arguments that were used foreign case law. In the fourth chapter, I tried to integrate the topic into the framework of national legislation. In the fifth chapter is summary. Foreign case law is not uniform....
Current problems of relation between protection
Kobeda, Kryštof ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Current issues of relationship between the personal right of individual and media: abstract in English The theme of this thesis is protection of personal rights of individual in mass media. This theme is, according to our opinion, current topic because there are conflicts between the personal rights of individual and the right to freedom of expression nearly every day. The purpose of the thesis is to analyse, if the attitude of the courts to the protection of these two rights is equal and if the individuals, who have disadvantageous position against the mass media, can adequately defend their rights. The thesis is composed of six chapters. Chapter one is introductory. Chapter two briefly defines the issue of personal rights of individual. The third chapter consists of four parts. Each of these parts deals with one personal right and characterises the rules which mass media have to comply with in order not to contravening the personal rights of individual. Fourth chapter describes the ways how individual can defend himself or herself against the violation of his or her personal rights. This chapter describes all legal remedies possible according to the Czech laws. It means legal remedy on the base of civil law, criminal law, administrative law and the remedies according to the special laws, complaint to the...
The legal institution of settlement
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The legal institution of settlement of property Summary The purpose of my thesis is to analyse the legal institution of settlement of property, an institution which constitutes an important part of legal order, and to point out the problems, difficulties and questions frequently arising out of practice, out of regular encounters with different branches of law, where we can find the institute of settlement. The reason for my research is to characterise several types of settlements of property, make a brief description of each of them, to point out their distinctive features and to examine the interplay of legal institution as described in law with it's real, day to day application influenced by day to day life. The thesis is composed of four chapters, each of them dealing with different aspects of legal institution of settlement of property. Chapter One is introductory and defines basic principles of settlement of property, it's history, the changes and the evolution of this institute. Chapter Two is subdivided into five parts, each of them dealing with one type of settlement of property, including settlement of residential property, and introducing their basic principles and rules. Chapter Three, consisting of five parts, examines the types of settlement of property more profoundly, dealing with relevant...
Involuntary admission to psychiatry departments
Korbelová, Eva ; Haškovcová, Helena (advisor) ; Šustek, Petr (referee)
The translated thesis deals with the topic of admission to psychiatry departments without the patient consent, which is a so called involuntary admission and involuntary treatment. The teoretical part mentions briefly how social and ethic norms leading to the creation and respecting patient rights have been developing. Basic documents establishing patient rights are indicated, including the right to accept or refuse treatment. Next, there is a description of the history of psychiatry hospitalization without the patient consent and the development of legal rules in the field of involuntary hospitalization. The following chapters are concerned with the incidence of involuntary admission cases. Descriptions of elementary terms referring to the informed consent and hospitalization without patient consent can be found as well. The applied part is focused on a more delailed analysis of some rules of law. It mainly compares Convention on Biomedicine with existing national legislation and deals with the application of the regulations resulting from the Convention on Biomedicine into routine. A topic related to admission and treatment without the patient consent is the issue of informed agreement and competence to legal acts. The text also extends to the domain of patient rights and the patient-health care...
Co-ownership of a unit - administration of a building and tract of land
Machová, Gabriela ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The Diploma thesis focuses on the current legislation of residential co-ownership, especially of administration of a building and tract of land. Its content is divided into two parts. The aim of the first part of the thesis is to present fundamental interpretation of an institute of residential co-ownership which is one of the types of co-ownership with a large number of specifics. The thesis includes also an outline of its historical development, an analysis of conceptual theories of residential co-ownership and explanation of essential terms of the institute. As one of the most important terms is considered the term unit. For correct understanding the thesis explains also other terms which the legislation of the unit expressly operates with. The relevant examples are the terms flat, commercial premises, building and tract of land and share of a building and tract of land. The first part of the thesis serves to obtain fundamental information about an institution of residential co-ownership and its essential elements that will be used during a deeper research in the second part. The second part of the thesis deals with comprehensive legislation analysis of administration of a building and tract of land. The constituent chapters include a definition of administration of a building and tract of land,...
Residential lease - protection of a lessor
Richtrová, Michaela ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to point out the specific status of the lessor in the residential lease within the meaning of the Civil Code, act no. 89/2012. This thesis is composed of five chapters and additional sub-chapters. The main part of this thesis is dedicated to describing the specific areas which might weaken the status of the lessor and at the same time to state selected institutes which through correct use in the residential lease might notably increase legal certainty and status of the lessor. The first chapter serves as the introduction of lease issues and brings the general reflection over the role of lessee and lessor in this legal relationship. At the same time also sets a target of this thesis, which is the statement of the problematic areas of a lease from the perspective of the lessor and suggesting possible solutions. The second chapter includes the fundamental features of the residential lease, with the emphasis on the characteristics and distinctions from other obligations. The third chapter consists of "prohibited agreements" and their impact on a lease and status of the lessor. This chapter also includes examples of these agreements - contractual fines, animals in the flat, smoking in the flat and work or business in the flat; other subchapters are dedicated to protection of...

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