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The issues of marriage divorce and its consequences
Němeček, Eduard ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Mr. Eduard Němeček, MD Divorce issue and its consequences Diploma Thesis 5. Summary: This work proposes a closer look at the divorce-related topics with consequential impacts both on financial situation of divorced spouses and destinies of minor children as resulting from divorced marriages in Czech Republic. Till date, this issue has been solved in different ways at both district and regional courts. In our republic, a more unifying element is represented by decisions of the Supreme and Constitutional Courts. This is a very serious social phenomenon which, according to statistics affects a large number of parents, children, but also childless partners. Yet from ancient times this phenomenon is known to be socially undesirable being almost entirely rejected by the Catholic Church in its canon law. The increase in divorces has resulted namely from the advancement procedure of society. It is a societal phenomenon known to occur irrelatively of the states and political systems, from the totalitarian regimes through those autocratic, up to highly democratic systems of developed countries worldwide. During the creation of this work, up to 40% of marriages have been critically monitored as expected to be ended in divorce. It's a long-term social phenomenon that surpassed all political systems from the...
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Security interest in relation to insolvency proceedings
Novopacký, Lukáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis titled `Security interest in relation to insolvency proceedings' aims to describe the legal institute of lien through its manifestation in insolvency proceedings. It is built on the assumption that the fundamental value of securing a payment of a debt using lien manifests primarily in a scenario when the debtor becomes insolvent and the insolvency proceedings are initiated. Out of all the methods of resolving insolvency present in the Czech legal system this thesis only deals with bankruptcy and it focuses on the lien granted over real estate. Apart from the Introduction and the Conclusion, the thesis is divided into 4 chapters. The first chapter aims to give a general introduction into the law regarding security interests. The second chapter is dedicated to the fundamental principles of law relating to liens outside of the insolvency proceedings. It describes process of granting of a lien and its purpose. The third, essential chapter deals with the execution of a lien in the insolvency proceedings resolving bankruptcy. The main focus is put on the legal position of lienor in the bankruptcy proceedings. The fourh, final chapter presents statistics dealing with insolvency proceedings recovery rate in the Czech republic during the period of 2008-2012.
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Autonomy of will in private law
Schubertová, Zuzana ; Dvořák, Jan (advisor) ; Elischer, David (referee)
68 Abstract The principle of autonomy of will is a fundamental principle of private law. It is impossible to imagine the functioning of private law without it. The principle is primarily based on the principles of equality and freedom, the key principles on which the foundations of a democratic legal system and free society are built. The aim of my thesis is to define the autonomy of will, compare the principle of autonomy of will with other fundamental doctrines and principles from which it arises and/or principles which are closely related to. I believe that most of the legal relationships based on private law are founded on the principle of autonomy of will, therefore, I decided to describe some of these institutes in more detail in my dissertation as well. The thesis is divided into a general part and a specific part. In the general part I deal predominantly with the inclusion of the principle of autonomy of will into the principles of private law. This part also contains some theoretical concepts and is closely linked to constitutional law, the Bill of Fundamental Rights and Freedoms and the principles on which the Civil Code is built. I further deal with the interpretation of certain terms, then the principle of autonomy of will itself and how it is perceived by several authors. In addition to that, I...
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Intestate Succession.
Kučerová, Eva ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Intestate Succession Inheritance law is a very important part of civil law, because it ensures transfer of rights and obligations of the deceased to his successors and to preserve the values for future generations. Our inheritance law is characterized by its essential feature is the influence of the state in probate proceedings through the judicial commissioner (notary). This thesis focuses on the regulation of intestate succession in our legal system and in particular to the regulation contained in the Civil Code, 40/1964 Sb. and regulation in the new Civil Code, 89/2012 Sb. I'm trying to refer the changes that with the new Civil Code in our law occur and the possible positive or negative consequences of these changes. My work consists of four main parts, which are further divided. In the first part of my work I try to show to preconditions that are needed to make the inheritance ever happen. These preconditions are the death of a natural person, the existence of heritage, capacity of heir or legal reason inheritance (inheritance titles) and finally rejection heritage. Individual preconditions are divided into chapters and there is every precondition described in more detail. In the second part of my work is contained regulation of inheritance law now effective, thus regulation in the Civil Code, 40/1964...
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Special types of liability in civil law
Paarová, Jana ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
Thesis of the "Special types of liability in civil law" focuses on the regulation of specific types of liability contained in § 421 et seq. Civil Code. The work is devoted to the theoretical interpretation of the concepts of responsibility for damage, reflects the concept of unlawfulness and damages in the principles of European Tort Law, and also deals with the liability regime for damage in the new Civil Code. Theoretical concepts of liability are supplemented by case law, which is completed by these terms. The aim of this thesis is to evaluate the current rules of special types of liability in civil law, especially in the relevance of the new Civil Code, foreign legal concepts of liability and legal responsibility, the principle of European Tort Law, they also discuss the concept of legal changes liability adjustments in the new civil Code.
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Security instruments in private law
Poláčková, Saskia ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Rozehnal, Aleš (referee)
POLÁČKOVÁ, Saskia: Security instruments in private law. [PhD. thesis] / Saskia Poláčková - Charles University in Prague. Faculty of Law; Deparment of civil law. - Supervisor: doc. JUDr. Mgr. Josef Salač, PhD.. Praha: PF UK, 2012. This thesis shows results of an investigation into security instruments recognized by private law of Czech republic and of Slovak republic, specifically focusing on substantive civil law as a representation of general private law. The hypothesis under investigation is that a number of existing security instruments could be fully replaced by a single security instrument, namely the lien. In order to confirm or reject the hypothesis, common characteristics - principle of subsidiarity, principle of accessority, purpose to provide security, purpose to ensure repayment - as well as specific characteristics of individual instruments are compared. The thesis is divided into chapters, sections and subsections, and supplemented by the abstract, introduction, summary and bibliography. Chapter One deals with security instruments in private law, mainly in the areas of substantive civil law, commercial law and labour law as codified in Czech republic and Slovak republic. In this chapter, individual security instruments are categorized into several groups based on their respective...
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Law of Lien
Hermann, Jiří ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Rozehnal, Aleš (referee)
Disseration thesis - Law of Lien Mgr. Jiří Hermann Law of Lien is basic form of security interest which importance is proved by long term tradition. During time the Law of Lien was modified which reflected economic development which result to the current modern state. Even if legal regulations of Lien are different with respect to the concrete developmentu in each state, its basic principles, functions and its meritum are same for the centuries. Importance of the Law of Lien as security interest is emphasized namely by high level of security which is given to the Lien Creditor. Because of this reason is Lien one form the most used legal security interests in worldwide respect. The Objective of Thesis is to summarize the very wide and complicated regulation of Lien and suggest de lege ferenda new regulation which makes the institutes more clear and increase the security of the Creditor. The theme of thesis is very wide. In respect to volume of relevant institutes is conception of the thesis as complex view on Lien as the security instrument. The Thesis shall explain with principles of Lien and raise the problematic topic. In several cases is regulation of Lien unclear which cause the application troubles. The thesis is pointing out such topics and suggests possible solution, which is in accordance...
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Personally legal means to ensure claims in civil law
Ďurišová, Eva ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
Theme of my rigorous thesis is personally legal means to ensure claims in civil law. This thesis contains information about different types of security institutes under the Civil Code, which can be used by subjekts of civil relations to ensure their contractual relationship. In the fifth part of Civil Code governing obligations, we can meet with seven types of security legal claims. Base on that I arranged my thesis on eight chapters, which each of them devoted security claims individually. Because I focused on personal security legal claims, we don't find neither the pledge rights nor pledge contract. The reason why my thesis don't mention institute of fund, is that in the interpretation of law it is not consider to be an individual security claim. The first chapter is dedicated to assurance at the municipal level, familiarizing with its rules, types and functions. The second to seventh chapter already discussed the different types of security means that are a contractual penalty, liability, an agreement on wage deductions and other income, security transfer rights, security transfer of the claim and at least, an acknowledgment of debt.
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The Protection of Personality Rights of Minors in Cyberspace
Křížová, Veronika ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
The purpose of this paper is to provide an introduction to the problems of the protection of personality rights in cyberspace. The subject of this study is a segment of minor users of Information and Communications Technology (ICT) services. This paper provides a summary of youth users' activity in cyberspace and an analysis of potential threats to their personality rights that use of such services represent. Furthermore this paper provides a comparative analysis of the legal regulation of personality rights in the context of cyberspace and new technologies in the Czech Republic, EU, and The United States. This thesis is also exploring the expected changes stemming from current legislative development. This paper contains case studies that aim to explain the case law and to shift the focus on the aftermath of some of the gravest invasions of privacy of minors while in cyberspace. This study argues that importance should be given to the protection of personality rights through civil law measures and to the interdisciplinary cooperation on the legislative process. This paper provides a list of possible alternatives which might give better legal guarantees, not only to minors using of Web 2.0 and new technologies but to all users.
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