|
| |
|
| |
|
|
Process of Unification of the Legal Responsibility for Torts in Europe and Its Reflexes in Czech Law
Tůmová Křivohlavá, Petra ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee)
110 Závěr Závěrem lze shrnout, že odpovědnost je nepochybně jedním ze základních pilířů celosvětového společenství, na němž je vystavěna samotná existence lidské pospolitosti, jejích morálních a právních pravidel. V posledních desetiletích sílí nesporně tlak na sjednocení práva, které by umožňovalo zlepšit funkčnost globálního propojení světa.249 Zejména v rámci Evropské unie lze nalézt příklady úspěchů plynoucích z harmonizačního procesu právních úprav členských států. Obdobný cíl si kladou i koncepty PETL a PEL. Ojedinělost předložených návrhů civilní odpovědnosti spočívá zejména v tom, že je vypracovaly dvě na sobě nezávislé skupiny vědeckých pracovníků. Zároveň se Česká republika nyní nachází ve fázi procesu schvalování nového civilního kodexu, jehož případné přijmutí by znamenalo značné koncepční a obtížně revidovatelné změny. Není zřejmě sporu, že nový civilněprávní kodex by měl vstřebat aktuální vývoj, k němuž v oblasti soukromého (deliktního) práva dochází, a tedy i např. zachycovat trendy na celoevropské akademické úrovni.250 Naznačené požadavky na nový soukromoprávní kodex jako celek by samozřejmě měl splňovat i oddíl věnovaný civilní odpovědnosti za škodu. Plánovaná rekodifikace občanského práva v současné podobě bezesporu hluboce zasáhne do samotné podstaty české civilistiky, což je ostatně i...
|
|
| |
|
|
Ownership of flats and non-residential premises in relation with Act No. 72/1994 Sb.
Holejšovská, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
I dedicated my thesis to the matters of flat ownership in Czech Republic. I chose the topic not only because it is my area of interest, but also because it is an acute problem, which impacts more than 1.5 million of Czech citizens. During the 17-year existence of the legislation and despite 13 amendments of the legislation, its application is often unclear. In my opinion, the legislation lacks sufficient regulations of the following: the establishment of a unit owners association, ensuring a proper management of unit owners association executive organs. In addition, some institutes have not been legislated but only regulated by secondary legislation - a Model Article - that however does not have to be adhered to by a unit owners association. In many cases, vague regulations or issues that have not been legislated, had to be resolved by judgment. First chapter provides an overview of the subject and the scope of the Flat Ownership Act (Act) and its concept and correlation with other acts, particularly the Civil Code. The second chapter discusses various types of establishment of flat ownership. The third chapter discusses various types of abolishment of flat ownership, including expropriation. The fourth chapter is dedicated to the amendment of the Act and acquisition of legal personality, that is...
|
|
|
Lease contract
Ondruška, Ota ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Lease contract The theme of this thesis is lease contract. The author has chosen this subject because it is very current and lease contract is also one of the most frequently used legal act. The main goal of the thesis is to analyze the institute of lease contract and to highlight some problematic points of this legal regulation. The work is supplemented by judicial decisions of Czech courts and opinions of some authors. This work consists of three chapters. The Chapter one describes historical development of legislation of lease contract, especially in Roman law, legislation contained in General Civil Code of 1811 and the legislation included in the Czechoslovak Civil Code of 1950 and of 1964. The Chapter two is the main part of this work. It is subdivided into eight parts in which are discussed the general provisions of lease contract. First subchapter examines relevant Czech legislation, the second subpart is focused on concept of lease contract. The parties of lease contract are described in the third part. The characteristic of creation of lease contract contains the fourth subchapter and the fifth subpart contains a detailed list of rights and obligations of the lessor and the lessee and their subsequent analysis. The sixth part concentrates on rent issue. Institute of sublease is investigated...
|
|
|
Community property of spouses
Presová, Barbora ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Common property of spouses The topic of my thesis is common property of spouses. It is an institute of civil law governed by the provisions of Civil Code. I have chosen this particular topic because I am interested in it and in civil law in general and I find it very important. Future spouses should be aware of the legislation that regulates the property rights and duties between them. Arranging the property relations before the marriage can prevent future conflicts. The work deals with the current legislation governing the institute of common property of spouses in relation with the judicial decisions. The goal of my thesis was to explore the current legislation, to point out some of the disputable questions and to seek to define several legal terms that are not clear at the first sight. The work also briefly deals with the project of the new Civil Code. The thesis is composed of seven chapters. Chapter one is introductory. It defines the term of common property of spouses and briefly deals with the former institute of equal ownership of spouses. Chapter two is divided into two subchapters. The first one describes the establishment of the common property of spouses. The other deals with its object and contains three parts. Part one describes assets, part two looks at debts and part three focuses...
|
|
|
Personal data protection in health care area: legal aspects of health care documentation with special regard to right of privacy of human being
Široká, Lucie ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Archiving and processing of personal data and its overall treatment in relation with medical care service is still an underestimated issue. Current situation is influenced mainly by the fact, that traditional, yet obsolete, paternalistic conception of relation between medical care provider and patient comes out of centralistic view on health care system that gave the provider (respectively medical staff), as the stronger side of this relation, almost exclusive powers over human (patient). Result of this phenomenon was a continuous and universal disrespect to the right to privacy and implying right to protection of personal data. Data relating to health condition of person were thought of as property of medical staff that got used to treat them at their will. All of this was happening within legal regulation that was far from being perfect. Significant and conceptual legal adjustment was set when ratifying Convention on Human Rights and Biomedicine (n. 96/2001 Sb.m.s.). Convention persists on theory, that diagnosis in no more than law and thus human being is superior to interests of science or society. Current legal regulation of preserving personal data in health care area could not hold out any more due to accessing to the Convention. That is the reason why these days everyone has a recognized...
|
|
| |
|
|
Compensation of damage under civil law
Barňáková, Lenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This master's degree thesis refers to legal regulation of the compensation of damage under civil law. The main purpose of my thesis is to analyze and evaluate current Czech legal regulation of the compensation of damage in civil law. The interpretation is based on regulation in the Civil Code, namely Act no. 40/1964. Coll., as amended, whereas deviations arising from commercial and employment compensation regulation are omitted. The paper offers an overview of the opinions of the leading legal experts on fundamental issues of compensation. The interpretation includes analysis of relevant decision-making practice of courts and a comparison with the legislation in projects of European tort law. The thesis also contains an overview of the most significant changes brought by the forthcoming new Civil Code, in case it is adopted. The thesis is composed of nine chapters, each of them dealing with different aspects of the matter. The first chapter is introductory. It is followed by the second chapter named "General characteristics of liability for damage" which includes definition of legal liability, outline of historical development of the legislation in our country, its current and future forms and functions of compensation. Chapter Three focuses on the analysis of general assumptions of the liability, including...
|
guest ::
RSS feed.