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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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Liability for the damage
Zoulová, Veronika ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
Anglicky Liability for damage is an inevitable part of private law and is comprised by a majority of legal sectors. The purpose of this thesis is to provide a basic overview, to clarify crucial aspects of civil liability for damage and to draw attention to the most significant application and theoretic problems concerning this area, mainly in relation to the new Civil Code (NCC) and partially to the Principles of European Tort Law (PETL). The introduction of the thesis is dedicated to the very notions of liability and damage, being followed by a chapter defining general questions, such as the difference between tort liability and contractual liability, the principle of prevention, as well as the function of liability for damage per se. The main part of the thesis deals with preconditions of formation of liability for damage, and naturally with the manner and scope of damages. The final part of the thesis comprises a separate chapter related to PETL, which is handled marginally with a focus on preconditions of formation of liability for damage. Specific cases of liability for damage are not regarded, as this thesis is not capable of covering the complete area of liability for damage. The thesis was written according to the legal status by 3rd August 2013.
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Matrimonial Property Law
Francúzová, Adéla ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
The thesis deals with matrimonial property rights. Given the extent of chosen topic, it is focused primarily on the institute of joint property of spouses. Thesis focuses also on institute of joint tenancy of spouses. For extensive complexity brief excursion into family law is included. It is followed by general interpretation to the concept marital property law including historical context. The attention is also paid to solitary term of and origin of common property law of spouses. Crucial of thesis are chapters subject of marital joint property, its termination and settlement of the common property. Neither the concept of management, modification its law regime and acquisition of business share of the limited liability company under the joint property has been omitted. In closing part, chapter regarding joint tenancy is included. The thesis has been completed in accordance with civil code to be effective by 1st of January 2014. Areas, that experienced significant changes as a result of recodification, are analyzed with accordance with new legislation and its potential impact are evaluated.
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Sales contract in private law
Pauly, Jan ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This work is dedicated to the subject of the purchase contract in private law. The concept is therefore very broad, for the depletion of the issue it was necessary to examine the issue from the perspective of various legislations - private as well as public. The purpose of this work is to provide the most comprehensive picture of the institute of purchase contract, which constitutes one of the fundamental pillars of contract law. It also aims to reflect the planned amendment to the civil code, which shall significantly affect the concerned topic.
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Condition to acquire inheritance
Vocetka, Jan ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract This thesis deals with the conditions that need to be fulfilled in order to acquire inheritance. The aim of this thesis is to provide outlook into the matter of the law of succession and thoroughly describe and further analyse individual conditions of hereditary succession, which are legal requirements that needs to be fulfilled in order to acquire inheritance. In this thesis I systematically discuss the law of succession in its general meaning, canons of inheritance, legal sources of the law of succession and also legal institutes including several new ones which are govern in the new civil code. The main part of this thesis analyses individual conditions of hereditary succession. This thesis is composed of four chapters. Chapter one deals with the general meaning of the law of succession and in this chapter I provide introduction to the law of succession and define some fundamental legal terms. In chapter two I describe the canons of inheritance. This chapter is divided into three subchapters where I discuss in my opinion the three leading canons of inheritance. First subchapter deals with the principle of personal autonomy. Second one deals with the principle of universal succession. The third subchapter deals with the principle that the predecessor's possession is transferred by law to his...
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Peptidases of monogeneans of the family Diplozoidae
Jedličková, Lucie ; Mikeš, Libor (advisor) ; Dvořák, Jan (referee)
The blood processing mechanisms in monogeneans of the subclass Polyopisthocotylea are known from ultrastructural and histochemical analyses only. In contrast to other blood- feeding parasites, just few biochemical and molecular analyses have been done on digestive enzymes in monogeneans. Therefore, we focused on the biochemical and molecular characterization of hydrolytic enzymes (peptidases) in the hematophagous species Paradiplozoon bliccae and Eudiplozoon nipponicum. The presence of the cysteine class peptidases, mainly cathepsin L, in excretory- secretory products and soluble protein extracts of P. bliccae and E. nipponicum we found. Detection was carried out using fluorogenic substrates, specific inhibitors and the labelled probe DCG-04. On the gels / membranes after electrophoresis / blotting we detected bands of approximately size of 35 kDa in the case of both species and 24 kDa for E. nipponicum. Soluble protein extracts of worms were separated by 2D gel electrophoresis and relevant spots around 35 kDa (P. bliccae) and around 25 ˗ 35 kDa (E. nipponicum) were confirmed by mass spectrometry as cathepsins L. Using degenerate primers based on the conserved motifs of cysteine class peptidases, a partial sequence of cathepsin L gene from E. nipponicum was obtained. Furthermore, 3'RACE PCR method...
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