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Refunds of damage under the civil and commercial code, to compare them and then comparing de lege lata and de lege ferenda
Plisková, Alexandra ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee)
Title: Refunds of damage under the civil and commercial code, to compare them and then comparing de lege lata and de lege ferenda Author: Ing. Mgr. Plisková Alexandra Department: Department of Civil law Supervisor: prof. JUDr. Jiří Švestka DrSc. Abstract: The present thesis deals with the liability and damages based on legal norms contained in the Czech Civil and Commercial Code, according to de lege lata and de lege according ferenda. The author deals with compensation in terms of its content, scope and method of compensation. The author states in the work and upcoming changes in connection with the forthcoming adaptation of the Civil and Commercial Code. In this thesis is also mentioned legislation inspired by the issue of of foreign affairs. In conclusion, the author devotes European tort law and its principles. Keywords: Responsibility for damage, compensation arrangements de lege lata and de lege ferenda, the damage caused to health and the earnings, European tort law.
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Testament
Hamerská, Vladimíra ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This work deals with the testament. It applies to its historical evolution (beginning in the times of the ancient Roman law), contemporary legal rules and also prepared s ignificant legal changes. The work divides the types of testaments, describes the possibilities of its change or cancellation and goes into the legal institute of disinheritance in detail. The final part of this work is dedicated to the overview of chosen foreign legal rules regarding the testament.
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The joint ownership of spouses in theory and judicary practice
Strouha, Tomáš ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This piece of work deals with the issue of marital community of property from the perspective of judiciary practice, which is a legal area only briefly regulated by law, but influenced and following up on a wide array of familial and civil relations. Apart from the rather brief regulation concerning this area, however, there is an extensive case of established practice of the courts surrounding it. This piece of work outlines the development of marital property law from the amendments of the General Civil Code of the Czech Republic to the contemporary adjustments to the regulation contained within the Civil Code in preparation at the moment, which should come into force on January 1st , 2014. In dealing with the current state of the legislation, judicial practice was taken into consideration, most notably the case law and judicature of higher courts, and more so with regard to the ever increasing significance of foreign elements in the legal proceedings.
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Easements
Křižánková, Jana ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
Rigorous work tries to analyze Institute easements, both in terms of de lege lata and de lege ferenda. In each chapter, we discuss the emergence of easements, ways of their demise, as is discussed especially their contents and pricing, particularly with regard to the current case law of the Czech courts. The work also compares the historical treatment of this institute with the present and with future modification, included in the proposed new Civil Code. Any changes in legislation, this work tries to analyze and recommend future development of this institute appropriate solutions to current needs.
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Liability for damage in health care
Zelenková, Monika ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee)
One of the most discussed issues in medicine law these days is definitely the liability for damage in health service which is also the topic of my thesis. The thesis is divided into 6 chapters in which I deal with various issues related to the liability for damage in health service both from general point of you to specific problems such as communication between a patient and his or her doctor as well as other aspects of doctors behaviour. The aim of my thesis is to provide a complete and comprehensive view on the issues concerning liability for damage in heath service particularly in relation to Civil Code as the basic legal regulation defining the extent of liability for damage in health service. However the liability for damage in health service is also affected by other branches of law, not only the Civil Code, particularly by administrative, crown, labour law including ethical and disciplinary questions. Finally, the thesis points out ambiguity around the extent of compensation and difficulties associated with bringing the law into practice when defining the extent of compensation for damage, compensation for deterioration of social existence and issues related to smart money.
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Joint property of spouses
Málek, Ondřej ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
This work deals with legal institute of joint property of spouses in czech law. It describes historical development of legal rules in the 20th century. The work deals with concept of joint property of spouses, it's commencement and content (both property and obligations). It describes it's use and maintenance and possibilities of modification done by either judicial decision or by an agreement. Apart from that it presents also protection of third parties in relation to joint property of spouses, relation of legal rules to private international law and main changes which are about to be done by the new civil code.
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Unjust enrichment
Kozlerová, Martina ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The thesis deals with unjust enrichment as one of the institutes of civil law or private law, which is regulated by the Act No. 40/1964 Coll., Civil Code. The core of the thesis consists in the analysis of the legal regulation of this institute, namely within the context of the current case law (especially the case law of the Supreme Court of the Czech Republic), scholarly treatises and juristic articles.
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Reimburse function of the right of a lien from the perspective of contemporary practice
Fraňo, Michal ; Mikeš, Jiří (advisor) ; Dvořák, Jan (referee)
The offered work is a guide to the process of the realization of the lien in its most sensitive stage- in the realization of the pledge and satisfying secured creditor. The text is focused on the real practice in the various degrees of the process. The content of the work aims primarily to the civil proceedings, but it is impossible to ignore the substantive-related institutes in the complex interpretation of the problem, such as the creation and the termination of the lien, accessories to the pledge, definition of the pledge in the relation to bulk things - composed of various interlinked items sold as one whole - such as an enterprise and to collections of things such as a batch of horses etc. The work is concerning separate steps in the process of the realization of the lien and aims its effort mainly to the mortgage. The issue of personal things s is rather marginal. Nor the legislation makes no essential differences between a mortgage and a lien on personal things. The author left completely aside the issue of property rights such as shares, claims, objects of the intellectual property etc. Introduction of the paper briefly outlines historical origins and practical importance of the lien. It is followed by overview of the sources of the applicable law, as necessary preliminary work with the...
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Protection of personality in a Czech-German comparison
Zahořová, Eva ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
The Ph.D. thesis called "Protection of personality in a Czech-German comparison" applies to, as the name indicates, a comparison of legislation examined in two jurisdictions. The aim of the thesis is certainly not a statement that one of the legislations is "better" than the other, but to determine whether and how the Czech and German legislation differ or how similar are the rules in both countries. The first part of the thesis is devoted to sources of law and aims to compare the rights of personality in both jurisdictions. In addition to national sources of law (with emphasis on private law) international treaties are mentioned. With regard to the treaties it can be concluded that although the Czech Republic and Germany are not signatories to the same contracts this difference is not significant for the purposes of the protection of personality. The wide content-overlap and considerable generality of the treaties causes that identical rights are protected in both countries. In the area of domestic sources of law it can be clearly stated that the German constitution plays more important role in its country than the Czech constitution in the Czech Republic. This is primarily due to the fragmentation of German legislation and the desire to overcome this inconsistency, but also the important position...
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