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Legislation providing for the regulation of the lease of flats - regulated rental
Šimr, Lukáš ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
- RESUMÉ The need for housing is undoubtedly one of the basic human needs of each individual. Not everyone, however, is the owner of the house or the apartment. To address this situation, when do not have their own housing, serves the institute of the tenancy. Here, however, the two interests conflict groups clash, landlords and tenants, who represent completely different interests. This is one of the reasons for states to actively intervene to the tenancy to ensure the right to housing for the tenants and also to protect property rights of the landlords. Many states came to the way of the housing policy, which is based on the belief that the tenant is the weaker party to the lease. In this way, this is a legal regulation of the rent and the lease. My thesis, entitled "The legislation regulating tenancy - a regulated rent" aims primarily to describe developments in this area in the Czech Republic in the last 20 years, noted that the regulation of the rent is definitely not just a phenomenon of this decade. The work focuses primarily on the regulation of the rent, as is clear from its title, because this has become a main topic of many debates and tries to describe the deregulatory efforts in the Czech legal order for the last period, including the achieved result, which at the time of the...
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Legal regulation of sale of property: comparison of current civil code and the proposed new wording of Civil Code
Matzner, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this thesis is a comparison of current legal regulation of property sale and its future modification, according to the wording of the new Civil Code. In the individual chapters are respectively described the most crucial aspects of this area in a perspective of current Civil code and the wording of the proposal, including evaluation of potential impacts of the changes to law practice. At the beginning of this work are definitions of main terms of property law, especially definition of the property itself, as it is being subject to quite essential changes in the new Civil Code. Single chapter deals with the rule "superficies solo cedit," which is intended to be renewed. Apart from the short summary of origin and development of this principle, this passage focuses primarily on the reasons, which led our legislatives to abandon this rule in 1950's and subsequently identifies reasons for its present reinstallation. There is description of the process of property sale in the following chapters. It consists of two separate parts, a property law and obligation law aspects. The key issue of the property law part is the role of the Land registry. The ownership of the transferee must be registered there in order to successfully complete the transfer. The new regulation brings several changes in...
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Lease of real estate in the Czech Republic and selected aspects of this issue in Great Britain
Manhartová, Tereza ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The subject of the thesis is the lease of real estate amended by Czech law and some aspects of the lease of real estate amended by English law. This thesis tries to provide the reader with basic information about these issues. The thesis is systematically divided into two sections- the lease of land and the lease of building firmly connected with the land. It is focused on fundamental terms such as the thing in legal sense. The question of changes in an area of lease of real estate is quite actual because of passing the new civil code in the Czech Republic. That is why the thesis contains a comparison between the effective civil code and civil code in force. It points out the most significant amendments which will become effective on 1. 1. 2014. The other purpose of this thesis is to highlight the most important aspects of legal regulation of lease of real estate in English law. The thesis compares the Czech legal regulation with English one and defines the basic differences of this issue in both countries. The thesis is structured into introduction, five elementary chapters and conclusion. Each chapter is focused on issue which directly or indirectly influences the lease of real estate. The first chapter contains the elementary terminology which is connected with the lease of real estate. It is a...
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Comparison of the legislation of liability for damage in the Czech and Austrian civil law
Lorenc, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Comparison of the legislation of the damage liability in the Czech and Austrian civil law". The purpose of the thesis is to give the general summary of the topic and to point out the main differences and similarities in the area of damage liability in the Czech and Austrian civil law. The core of the thesis consists in the comparison of the tort liability, i.e. damage liability arising from the illegal act (tort law) and the strict liability. The thesis should also verify, if the legislation of the damage liability in the traditional Austrian Code - Civil Code of Austria - is similar to the legislation in the Civil Code of the Czech Republic and if the Civil Code of Austria was an inspiration for the new Czech Civil Code. The thesis is composed of six chapters, the core could be found in the chapter two, four and five. Chapter One is a historical introduction and it describes the evolution of the civil law in the Austrian and Czech area. Chapter two is focused on the basic terminology and the key terms such as "damage liability" and "damages" and the constitution conditions of the damage liability as well as damages. The chapter gives a description of the main differences and similarities in the terminology in the both Codes. Chapter three examines the...
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Determination of parenthood
Adámková, Olga ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood Determination of parenthood is very actual topic due to the constant changes of the traditional understanding of the family and family relationships. It is primarily the development of modern medical science, biology or genetics that has brought new concepts into the issue of determination of parenthood. For example surrogacy, assisted reproduction or baby boxes. The legislation must responds to these changes in order to stabilized family relationships and to ensure their protection. The aim of this thesis is to describe and to analyze Czech legal regulation of determination of parenthood and to compare it with not only European but also global legislation. The analyse of valid legal regulation highlights questionable passages that may cause difficulties in its interpretation or practical application. The thesis is composed of nine chapters, each of them dealing with different aspects of determination of parenthood. Opening chapter introduces the historical development of relationships between parents and children in Roman and European law. It focuses on legal standards applicable in our country during the period of time from the establishment of the Czechoslovak Republic to the present times. Chapter Three is devoted to determination of maternity. It focuses on concealed birth,...
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Legal protection of moral rights in the sphere of media
Sůrová, Lenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The thesis - Legal protection of moral rights in the sphere of media - discusses the issue hits of printed and broadcast media to the personal rights of individuals with a closer focus on the Civil Law and marginally also on self-regulation instruments. The first chapter is an excursion into the history of the institute of protection of personality in the world. The second chapter is the historical context of the development of the institute of protection of personality in our legal system, including the influence of the European Union. In this chapter there is also the regulation in the prepared Civil Code. The following chapter outlines the essential problem arising from the coexistence of freedom of expression, used especially by journalists, and the right for privacy, which is asked for by all the people (and, also by the journalists if they become the targets of unlawful interference).The subjects of analysis are especially the articles of the Charter of Fundamental Rights and Freedoms, concerning the freedom of expression and privacy, and its articles and judgements dealing with the conflict of the constitutionally guaranteed rights and freedoms. In the fourth chapter and its subchapters, there is a detailed analysis of the individual personal rights and their treatment in the civil...
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Civil law aspects of health protection
Vopěnková, Zdenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The subject of this paper is the civil law aspects of health protection. The aim of the thesis is to analyse the relevant law concerning the topic and compare it to regulation suggested in the new civil code. Considering the breadth of the topic, the thesis does not deal with all aspects of this issue but just focuses on some of the most debatable questions. Not only the current law and related literature is considered, but a particular emphasis is also put on related case law. In some parts the paper also takes into consideration the fundamental masterpiece of European tort doctrine - Principles of European Tort Law (PETL). The thesis is composed of five chapters, each of them dealing with different aspects of the topic. Chapter One provides an outline of relevant Czech and international law. Chapter Two analyses the concept of right to health protection as a part of personality protection and deals with its object, content and subjects. Chapter three is devoted to the unlawful infringement of the right to health protection and its consequences. Chapter Four focuses on civil law responsibility for unlawful infringement and on the circumstances which are necessary for the responsibility for injury to health to arise and also on the subjects to this responsibilty. This chapter also includes problems...
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Legal Aspects of Consumer Credit Protection
Kovářová, Lucie ; Švestka, Jiří (referee) ; Salač, Josef (referee)
The main aim of the thesis is to analyze present legal regulations of consumer credit with respect to the present practice of courts and the practice of credit providers. For this purpose I use the analytical method, the descriptive method and the comparative method. The thesis itself is divided into nine closely related parts. The beginning of my thesis deals with general questions. The first chapter gives general comment on credits. The second chapter focuses on the most important legal rules related to the topic. This is especially The Commercial Code, The Civil Code and the laws on consumer credit. The section 262, subsection 4 of The Commercial Code is of the particular importance. The chapter three looks at the implementation of the Directive 2008/48/ES, which has been adopted in the Czech environment as the law on consumer credit (145/2010 Coll.). This law will replace from the 1st January 2011 the law 321/2001 Coll. which regulates the consumer credit nowadays. The main part of the thesis is focused on the process of entering into the contract and the necessary requirements which are imposed on the contracts by the Commercial Code and by the laws on consumer credit: 145/2010 Coll. and 321/2001 Coll. The chapter five deals with the means of security. The emphasis is put on practical...
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Monetary Satisfaction as a Legal Tool for the Protection of Personality Rights under Czech and Slovak Law
Vodička, Jindřich ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee)
in English The topic of this Rigorous Thesis is the legal regulation of the monetary satisfaction according to Section 13 Subsection 2 and 3 of the Civil Code as a legal tool for the protection of personality rights under Czech and Slovak civil law. This work is hereto concerned on the civil law protection of personality rights and different legal tools for their protection in general, as well as on the right to reasonable pecuniary satisfaction itself, especially with regard to its functions, to the substantive legal requirements for its origination, to the determination of the amount of monetary satisfaction, and to the forfeiture of this right.
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Private law treatment of transfer and property ownership
Kořán, Jakub ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Presented diploma thesis discusses private law treatment of transfer and property ownership. The thesis is divided into several chapters corresponding to the legal issues of property ownership and transfer with a special focus on apartments and commercial space. Legal standards related to real estate are very numerous and extensive. Therefore I chose only legal aspects that are relevant to the theme of the thesis. In the introduction I characterize the most important legal concepts of real estate law, using the case law of The Supreme Court in the Czech Republic such as ownership rights, real estate, land, building, residential and commercial space, law accessories, and other things. The second part of my diploma thesis is composed of topics concerning the institute of property ownership, creation and content of the ownership rights with a special focus on residential and commercial premises including the issue of flats in housing co-operatives. The third part of this thesis is dedicated to the transfer of the real estates based on purchase and donation contract. The following chapter I deal with the ownership transfer of residential and commercial premises as units in the house. I focus particularly on the attributes of transfer contracts at the consequences of these transfers to the property...
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