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Liability based on fault and the concept of fault in czech and german law of torts
Lovětínský, Vojtěch ; Elischer, David (advisor) ; Dvořák, Jan (referee)
102 Summary Liability based on Fault and the Concept of Fault in Czech and German Law of Torts The aim of the thesis is an introduction and comparison of the Czech and German law of torts - a branch of law which determines liability for damage caused by breach of a duty imposed by law - in the area of liability based on fault and an introduction and comparison of the concept of fault as one of the conditions for the application of this liability. That the subject is tort law of these two particular countries is not an act of arbitrariness, but it relates to the fact that the new Civil Code of 2012 is significantly inspired by the German system of tort law in the field of liability based on fault. This thesis attempts to provide not only comparison of the Civil Code No. 40/1964 Sb. with the new Civil Code of 2012, but also comparison with the German Civil Code - BGB. The thesis consists of four parts - "The Concept of Law of Torts", "General Conditions of Liability in the basic tort Provisions", "The Concept of fault and its forms" and "Liability based on fault". Every part except the first is subdivided into three chapters. Every chapter deals with one of the civil codes - Civil Code No. 40/1964 Sb., German Civil Code and the new Civil Code of 2012. Part One outlines briefly the concept of tort law and its...
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Unjust enrichment
Míková, Petra ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
In this thesis I broadly deal with an important institution of law - unjust enrichment. Despite its subsidiary application nature, it has an irreplaceable role in the legal order of the Czech Republic, especially in the Private Law. The thesis focuses on the interpretation of the legislation in the Civil Code as this is the source for the legislation that is further applied on legal relationships regulated in special legal regulations. The most extensive part of the text is devoted to the interpretation of the legislation according to the positive law. I try to concentrate on the current legislation mainly from the point of view of the application and interpretational practice of the Supreme Court. For the purpose of easier orientation in the issue, I divided the interpretation of special merits of a fact into particular interpretational areas according to the example of the general part. In these interpretational areas I emphasize the peculiarities that need to be taken into account before asserting a claim resulting from the merits of a particular case. The thesis analyses the legislation in the new Civil Code. A part of the text deals with the proposed legislation of unjust enrichment in the Book VII. of the Common Framework of Reference which could be the source for the European Civil Code...
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Representation upon a Power of Attorney
Krupová, Petra ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
The aim of this thesis is to clarify the legal regulations of the institute of the representation with an emphasis on the representation upon power of attorney (contract representation). Thanks to the extent of this work it is impossible to encompass the whole matter of the representation in a way that would be worthy of an analysis. In this thesis it is written about the historical roots of the legal regulations of the representation which are already enshrined in Roman law. The main part of the adjustment is de lege lata. The general adjustment of the representation has to be searched in the valid and effective Civil Code (The Law No. 40/1964). We can meet the partial legal regulations in other branches of the legal code too, for that reason other legal statutes related to the topic of this work are discussed. The thesis deals with the application problems in practice and numerous law cases of the law particularly of higher courts. The attention is also focused on two initiatives within the European Contract Law - the Principles of European Contract Law (PECL) and the Draft Common Frame of Reference (DCFR). Finally it is necessary to pay - now approved - the new Code of Civil Rights, which represents an extensive legislative work and as the complex is an important legislative step in the times of...
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Liability for Personal Injuries and Personal Injury Compensation
Tomis, Rostislav ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
This thesis tries to summarize the main and substantial principles of the general civil responsibility as well as principles of personal (material and immaterial) harm. In the first part of the thesis, a reader can find the basic principles of the responsibility (the relationship based by an unlawful behavior of the party at fault). Besides the Czech legislation (the Czech Civil Code), the thesis summarize also some important points from the French and Belgian law (definition of fault, harm/injury, illegality). The following part of the thesis concerns various claims of a person who has been injured on health, i. e. claims of the injured person stipulated by Sections 444 - 449 of the Civil Code. Particularly, the author analyses and explores the Regulation No. 440/2001 Coll. which stipulated amounts of pecuniary damages in case of the personal injury.
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Residential lease
Pavlíková, Petra ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Resumé - in English The concern of this thesis is residential lease and its legal consequences. Thesis describes current legislation having the Act No. 89/2012 Coll. The Civil Code as the main pillar. At the beginning the general legislation aspects of residential lease (without deep dive into history) are discussed. The thesis's primary focus is the rent and payment for services related with the flat usage (Chapter 6). This chapter also covers historical development of the related legislation since the World War 1st till the present time with the outlook for the near future. The opening chapters of the thesis discuss the general aspects of lease agreement and all its components, the form of lease agreement and all its subjects. Further chapters depict the main principles of legal protection of all agreement parties, where the appropriate legislation can be found and what are the main conceptual characteristics of this legal term including its deeper details. However, the characteristics distinguishing residential lease agreement and other agreements are covered just marginally. Subject of residential lease agreement, the term "flat" and its "accessories" are analyzed thoroughly. Thesis includes also the description of general and specific elements of residential lease agreement and mentions also other ways...
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The divorce and its civil-law consequences
Frček, Mojmír ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Radvanová, Senta (referee)
My dissertation thesis is concerned with the theme of divorce and its civil-law consequences. It would be difficult to find any other legal concept in the real life that has undergone so many changes as divorce and the associated civil-law consequences. While compiling this thesis I strived to become acquainted primarily with any available theoretical sources, such as commentary literature, specialised books, legal textbooks and, last but not least, also specialised magazines, both printed, such as Právní rozhledy, Soudní rozhledy, Rodinné právo, Právo a rodina and Právní rádce, including magazines published by relevant professional chambers - Bulletin advokacie (Czech Bar Association), Ad Notam (Notary Chamber of the Czech Republic) and Komorní listy (Chamber of Distrainers of the Czech Republic), and the electronic ones, such as epravo.cz or eLAW.cz. Where relevant legal opinions on a particular matter varied, I recorded this plurality of opinions and, at the same time, I formulated my own stance. As the topic of my thesis consisted in studying applicable law, I heavily stressed that account should be taken of any decisions of general courts as well as of the Constitutional Court. Where the court case-law had been developing over the years and either inconsistent or even contradictory legal...
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Liability for Damage Caused by a Defective Product
Šťovíček, Petr ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
Dissertation Thesis Abstract - Liability for Damage Caused by A Defective Product JUDr. Petr Šťovíček The subject-matter of the dissertation thesis is the relationship of legal liability for damage inflicted upon a consumer by a defective product. The paper describes the statutory definition of the relationship, in particular, without limitation, the preconditions to the establishment of liability of the individual entities on the part of entrepreneurs participating in all phases of the product distribution from the moment of its manufacturing, or, as the case may be, it import to the Czech Republic, to the moment of its sale to the end consumer; limits of the liability and possibilities through which the consumer may claim compensation of the caused damage. The first part of the paper focuses on the above mentioned issued of general legal regulation applicable to liability, its historical development and types; it has a rather generally descriptive nature. Special civil law regulation of liability is provided for also in a number of special Acts, in particular in Act No. 59/1998 Coll., on Liability for Damage Caused by A Product Defect. The second part of the thesis provides an outline of the legal regulation covering the sphere of consumer protection with respect to liability relationships incurring in...
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Europeanisation of private law
Lederer, Vít ; Dvořák, Jan (advisor) ; Elischer, David (referee)
v anglickém jazyce The purpose of this thesis is to analyse europeanisation of private law. The thesis is composed of six chapter, each of them dealing with different aspects of the creation of uniform private law. Chapter One is introductory. Deals with the term of europeanisation of private law and focuses on its basic methods. Attempts to distinguish centralist and non-centralist ways of convergence in the area of european private law. The first subchapter describes unification of private law by means of international conventions and through european regulations and directives. The second subpart examines spontaneous process of europeanisation of private law. Ilustrates the creation of a european private law by legal science and education, drafting principles of european private law and is concerned with competition of legal systems. Chapter two explores if the unification of private law is needed and possible. Discusses positive as well as negative arguments of the unification in the area of private law. Chapter three describes several of academic iniciatives concerned with the creation of uniform private law. Chapter Four concentrates on european contract law. This part discusses the term of contract law, describes international instruments of its unification, focuses on consumer protection in...
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Acquisition of heritage and heritage titles
Janoušková, Radka ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
The presented thesis contains the description and comparison of the current legislation of acquisition of heritage, especially titles of acquisition of heritage, with the rules valid in the territory of the Czech Republic in its history and outlines its further development leading to the effectiveness of the New Civil Code (Law No. 89/2012 Coll.). It focuses on the essential points of our history that constantly influence the development of the law of succession (Roman law, Allgemeines Bürgeliches Gesetzbuch of 1811). It also closer devotes the issue of the inheritance eligibility, the option to accept or to refuse the inheritance, issue of disinheritance, that are basic prerequisite to the acquisition of heritage of any reason. In the connection with disinheritance it was mentioned protection of indispensable heirs, which significantly influence the autonomy of the will of the testator. Because of the approaching legal effect of the New Civil Code, which represents the biggest change in our private law in the last fifty years, it is also described in more detail upcoming regulation of succession titles, heritance acquisition in general and its main sources of inspiration (General Civil Code of 1811 and the German Civil Code). This thesis may also serves as a basis for further learning and the...
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Purchase agreement - problems that arise in the transfer of ownership of real property
Kysilka, Zbyněk ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Abstract The purpose of this thesis is to illustrate problems that arise in the transfer of ownership of real property using purchase agreement. The main reason for my research in this field is the undeniable importance of purchase transfer of ownership of real property and its economic significance. The thesis is divided into introduction and conclusion with five different chapters in between, each chapter dealing with a different characteristic or problem that might arise while concluding purchase agreement. Chapter One is introductory and defines purchase agreement on real property transfer in general and is subdivided into five parts. Part One describes historical evolution. Part Two deals with its modification in connection with Act No. 89/2012 Coll. (hereinafter "New Civil Code"). Part Three describes main characteristics of purchase agreement on transfer of real property. Part Four in its three sub-parts deals with essential requirements of purchase agreement on transfer of real property, which are subject, purchase price and identification of contracting parties. In all of the above mentioned parts, the thesis tries to provide the reader with possible solutions to risks and problems within the legislation and contractual changes. Chapter Two reviews preemptive right and additional arrangements. Is...
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