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Ownership of real property under Czech law
Škvára, Pavel ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Uhlíř, David (referee)
1 Pavel Škvára Ownership of real estate in the Czech legal order Abstract The reasons, why I decided to choose as a topic of my dissertation, issues of ownership in the Czech legal code, it was just a few. In the first place, therefore, that the legal concept of property rights is seen in any democratic legislation, as the basic instrument governing private relations in society. And as such a fundamental tool must be properly treated in the legislative plane. The concept of the ownership, may seem at first glance a very clear and smooth, but the opposite is true. Really fine and perfectly understand this concept and to understand its theoretical structure, is not simple at all. In particular, on the grounds that many legal theorists interpret the content of the concept of ownership a little differently, and there was no agreement on the definition of unique match and the determination of the theoretical sources of this concept. Of course, in the case of authoritarian or totalitarian regimes is the institutes of the ownership in national legal systems often formally retained, but its content and form are often significantly modified. The aim of the thesis was also to focus on the issues of real estate. Real estate can be understood as a special group of things that have specific characteristics, are often...
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Representation
Navrátilová, Lucie ; Dvořák, Jan (advisor) ; Elischer, David (referee)
REPRESENTATION This theses focused on representation in term sof civil law, family law and business law. This issues is processed komplex and contains all the basic attributes of representation. Theses is based on current treatment of private law and it highlights the changes in new civil Code effective since january 2012. It evaluates legislation in comparison with future changes. It refers to mootness, uncertainties and inaccuracies contained in the current Civil Code. The work focuses on the representation in general and its different types based on the Civil Code. It also contains a modification in the representation of the Commercial Code, which focuses on representing corporate and procuration. The presentation draws on family law representation and guardianship of minors, guardianship.
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Corporate culture survey in the CODI Art & Production Agency, Ltd.
Dvořák, Jan ; Tureckiová, Michaela (advisor) ; Reichel, Jiří (referee)
This bachelor thesis focuses on the issue of the company culture in a specific company. In this bachelor thesis is focus putt on description and classification of company culture. This topic is discussed in numerous books which are used in order to establish the theoretical basis of the thesis. The theoretical part describes company culture and also is concentrates on its relationship with a proper functioning of the working organization in a dynamically variable market environment. Quantitative analysis and qualitative research constitute the main instruments for the analysis of the company culture. On the basis of the accumulated data, is managed to identify the current condition of the company culture in the working organization, and to circumscribe the measures to amend the deficiency. Keywords Company culture, characteristics and structure of the company culture, types of company cultures, strong and weak company culture, organization, business environment, employees, qualitative research, quantitative research
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Testate succession
Duspivová, Petra ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- 1 - Testate succession - Summary The purpose of my diploma thesis is to analyse testamentary succession in Czech legal order according to the effective Civil Code (40/1964 Sb.) and the newly enacted New Civil Code (89/2012 Sb.), while performing their comparison and focuses on the implications for the recipients. The thesis is not limited to the succession title as a will but analyses other inheritance assumptions and some related legal institutes as well. The thesis is composed of four chapters, each of them dealing with different aspects of heirdom and acquisition of property by inheritance. Chapter One is introductory, common to both testamentary and intestate succession and it is subdivided into four parts. Part One takes acquaintance of the concept of Czech inheritance law, including its purpose, use of heirdom and basic terminology used in the thesis. Part two describes the sources and basic principles which the Czech inheritance law system consists in and Part Three deals with inheritance assumptions relevant to acquisition of heritance, especially heir capacity to inherit. Chapter Two consists of four parts, in a row dealing with intestate succession, testamentary succession, heritage contract and other testamentary dispositions and points circumstances of their application. Chapter Three focuses...
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Side - agreements to a purchase
Paulová, Jana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Due to the current time requirements the side arrangements are an important part of the contractual relations. During the negotiation a substantial attention of the contracting parties is needed, because the legal form of the side agreements is very short and ambiguous, with possibility of extensive deviation from the letter of law. After the legal research we can say that this theme is a very diverse, which is difficult to grasp by the legislature in its whole entirety, because the principle of a liberty of a contract always relativizes any conclusion provided by the theory and practice. The issue of the side arrangements is very scattered in the legal system of the Czech Republic and this thesis had for one's object to analyse the most important side agreements which are negotiated with the purchase or other agreement. In terms of the target of this work the legal form of side arrangements under the Civil Code and Commercial Code was analysed. The thesis also deals with the limitation of side arrangements and opportunity to negotiate other arrangements which aren't directly regulated by the Civil Code or Commercial Code. By reason that the work focuses on the side arrangements regulated by the Civil Code, it was necessary to take this fact into account. That's why each of side arrangement, which...
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Heritage with special accent to inheritance titles
Tesařová, Lenka ; Dvořák, Jan (advisor) ; Radvanová, Senta (referee) ; Salač, Josef (referee)
1 Abstract At the beginning of my work, I explained and defined a term and function of inheritance (in Czech: dědictví); in this respect I would like to highlight a general understanding of the inheritance under the Civil Code of 1811. Under this Civil Code, the inheritance was understood as an exclusive right to take possession of whole probate estate (in Czech: pozůstalost) or its part determined in its relation to the whole part. Inheritance law was right in rem, which took effect against to everyone who wanted to usurp the probate estate (to disturb the heirs (in Czech: dědic) in exercising or execution of the particular right). A general interpretation and introduction to the inheritance rights under the current legislation is also described in the above-mentioned part of my work. Further, this part of my work contains a brief description of the principles on which the inheritance law is created. These principles were already defined by Emanuel Tilsch. In general, the inheritance law is a summary of all legal rules which govern the transfer of rights and obligations of the death (in Czech: zemřelý) to his/her legal successor (the inheritance law in the objective meaning). Usually, the inheritance law is connected with the death of an individual (when the death is proved by the death certificate or a...
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Community property of spouses with a special focus on its termination
Orsáková, Andrea ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
COMMUNITY PROPERTY OF SPOUSES WITH A SPECIAL FOCUS ON ITS TERMINATION The basic legal framework of a community property of the spouses is codified in the Civil Code. In its provisions it is defined as a property community, which is bound to a formation of marriage and which can come into existence only between husband and wife. The community property of the spouses cannot occure either in a null marriage either between the unmarried partners or between the partners of the same sex, even they contract a same-sex marriage under the rule of law No. 115/2006 Sb. In many aspects, the property relations between the spouses are different from other property relationships, which rise between the unmarried partners or between the partners of the same sex. The legal consequences of a marriage contracting influence mutual relationship between the spouses as well as the legal relationship between the spouses and the third persons. In the sphere of a property law it is concerned a special sort of a joint ownership of the common property of spouses. Both husband and wife are the owners of a whole thing, they have the right to posses and use a thing, but both of them are limited by the partner's same right. In the sphere of an obligation law, the obligations related to the common property are the solidary...
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Methodology and problems of data transformation and determine its importance in the integration of heterogeneous information sources
Bartoš, Ivan ; Papík, Richard (advisor) ; Dvořák, Jan (referee) ; Bureš, Miroslav (referee)
Methodology and issues of data transformation and its information value estimation during the integration of the heterogenous information sources PhDr. Ivan BARTOŠ Abstract This study focuses mainly on the data and information transformation issue. This topic is currently critical in several scientific and commercial areas. Information value, information quality and the quality of the source data differs between the various systems. This is not only due to the different topologies of the information sources but also because of its different understanding and a manner of storing the information describing the entity of the enterprise. Such information systems, respectively database systems in the scope of the thesis, could perform well as the stand alone systems. The issue appears in the moment when such heterogeneous systems are required to be integrated and the information shall be migrated between each other. The thesis is logically divided into four major parts based on these issues. The first part describes the methods that can be used to classify the data quality of the source system (the one to be integrated) from which the information can be extracted. Based on assumption of the common lack of project and system documentation hereby introduced methods can be used for such qualification even when the...
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Inheritance titles
Wagenknechtová, Pavla ; Frintová, Dita (advisor) ; Dvořák, Jan (referee)
AAbbssttrraakktt vv aanngglliicckkéémm jjaazzyyccee The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The purpose of my thesis is to describe and analyse current substantive legislation of inheritance titles in the Czech legal system, describe historical context and compare it with a proposal of future legislation. The whole thesis is composed of three parts: an Introduction, five Chapters and a Conclusion. Chapter One outlines the historical development of the issue. The following Chapters Two, Three and Four examine the relevant current Czech legislation of inheritance titles. Chapter Two analyzes general conditions of inheritance law, Chapters Three and Four focuse on explanation of the intestate and testate succession. Finally, the last Chapter Five describes the proposal of future legislation. This thesis is based on the legal situation of 1. November 2010.
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Monetary Satisfaction as a Legal Tool for the Protection of Personality Rights under Czech and Slovak Law
Vodička, Jindřich ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee)
in English The topic of this Rigorous Thesis is the legal regulation of the monetary satisfaction according to Section 13 Subsection 2 and 3 of the Civil Code as a legal tool for the protection of personality rights under Czech and Slovak civil law. This work is hereto concerned on the civil law protection of personality rights and different legal tools for their protection in general, as well as on the right to reasonable pecuniary satisfaction itself, especially with regard to its functions, to the substantive legal requirements for its origination, to the determination of the amount of monetary satisfaction, and to the forfeiture of this right.
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