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Duty of Care in Czech and German Civil Law
Scholle, Jan ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Duty of Care in Czech and German Civil Law Abstract The thesis deals with the importance of duties to prevent damages (duties of care) in Czech civil law. It focuses on detailed analysis of a few provisions of the Czech Civil Code. The main attention is focused on s. 415 of the Civil Code (Act No. 40/1964 Coll, the Civil Code, as amended; "OZ") establishing "the general duty of care". Findings about duties of care in the Civil Code are compared to a system of duties of care in German law of delict and additionally discussed using tools of economic analysis of law. The paper results in recommending changes in wording and interpretation of the duties of care and their comparison with the wording established by Act No. 89/2012 Coll., Civil Code ("NOZ"), effective from 1 January 2014. Chapter One examines development of interpretation of main provisions of OZ establishing duties of care. It briefly analyzes basic aspects of law of delict of OZ. It makes use of these findings in order to describe a position of duties of care in law of delict and limits of their interpretation. The main imperfections of their interpretation are illustrated on a couple of judicial decisions. Chapter Two briefly describes the system of law of delict under the German Civil Code ("BGB"). The chapter explores criteria of application...
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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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Classification and characterization of real rights - comparison Czech republic, France
Milotová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to compare legal regulations of real rights in Czech and French legal order. With respect to current situation, when starting the 1th january of 2014, the new civil code becomes effective, this thesis deals as well with the novelties in real rights' regulation established by the law nř89/2013 of Collection of Laws, civil code. This thesis consists of seven chapters. In the first chapter, I mention the aim of the thesis, its brief content and elaboration process. In the second to sixth chapter, the thesis deals in concrete with the real rights and its institutes. In each of these chapters, the Czech legal regulation according to the current civil code is mentioned first. Then, a discourse about French regulation follows. If both regulations are same, similar or slightly or absolutely different. Finally, a comparison with the new civil code is attached to practically all chapters. If it holds the current regulation or if it establishes new notions, institutes or conception or regime of the current institutes. And provided it brings novelties if it tends by them towards the French regulation or if it choses absolutely new solutions. The second chapter deals with real rights in general terms. With their conception and systematics. The thesis deals with the question how the...
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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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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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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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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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Inheritance law institutes
Stachová, Monika ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The subject of this diploma thesis is to analyze the basic inheritance law institutes before and after the recodification of private law in the Czech Republic. Considering the forthcoming effect of the Act No. 89/2012 Coll., the New Civil Code which will replace the current Civil Code No. 40/1964 Coll. and which introduces significant changes into the inheritance law, the main aim of the thesis is to provide a comprehensive picture of selected inheritance law institutes in the light of these specific changes, their assessment and outline of the beneficial and problematic areas. The thesis is composed of five main chapters, each of them dealing with a specific area of inheritance law institutes. The introductory chapter of the thesis defines the concept and legal regulation of the inheritance law in the Czech Republic. I also briefly define the basic principles that are crucial for the inheritance law, whereas I emphasize the principle of will autonomy, which is the main principle for the new inheritance law regulation. The second chapter explains the concept of inheritance law institute and outlines also the new concepts of inheritance law. The main goal of the thesis is particularized in the final part of the chapter. Chapter three examines the basic assumptions of hereditary succession; for the...
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Representation
Čermáková, Nikola ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Representation The thesis on the representation is aimed generally on the institute of representation, basic concepts and resolution methods of representation. Given the scope of the thesis is not possible to cover discourse about all forms of representation and therefore is focused on substantive representation, whether contractual, statutory representation and other specific forms, especially human guardianship and guardianship of legal entities or representation of legal entities. In the thesis are included as information on the historical development of the Institute's the representation, especially since the general Civil Code and therefore early 19th century and comparison of current legislation contained in the Civil Code of 1964 and the new Civil Code, effective from 1 January 2014. Raised the major changes that will occur in the near future in the regulation of the representation, as well as outline the basic problems that this adjustment could bring in the practice of law. Is also pointed out to adjust representation in European law, konrkétně the Principles of European Contract Law and the Draft Common Frame of Reference.
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Contractual and non-contractual liability to damages (a comparison with foreign legislation)
Černý, Štěpán ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Contractual and non-contractual liability to damages (a comparison with foreign legislation) In theory tort and contractual liability might seem to draw clear boundaries. The first one arises from breach of contract whereas tort being unrelated to any contractual obligation. However it is known that some legal systems, like the Czech law, do not differentiate between them and do not provide them with different rules. Does it only mean the differentiation is useless in these legal systems or does it suggest that there might be no reasonable grounds for distinction in other legal systems? How do tort and contractual liability differ? Differences have to be weighed when area between tort and contract is considered. They are of significance when it comes to possibility or impossibility of choice in case of concurrence of tort and contract and they are important for liability to third parties of a contract. I researched following legal systems: Czech law, German law, French law, Spanish law and Italian law. In each of them I examined these areas: contractual liability, liability to third party, tort liability, liability for behaviour contrary to bonos mores, and selected elements of tort liability with some remarks to some special rules for contractual liability: wrongfulness, fault, causation, damage and its...
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