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The principles of private law
Čermák, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The Principles of Private Law In my thesis I occupied myself mainly with representative principles that master private law and that should lead to the implementation of the idea of justice as an ultimate goal of a legal set of rules in general. Despite of Sisyphean character of this task and impossibility of reaching it, there is nothing that can discourage from trying it again and again. I would like to admit that this attempt was at least ambitious and meaningful. Inability of perfect recognition "an sich" turns attention into extralegal sources of information, such as ethics, political sciences, sociology, economy and the head of all sciences - philosophy. This thesis also reflects intuitive approach to the principles of private law as a result of dependency on my personal preferences and cited sources and their authors (which also reflects my own disposition). The main issue was a function of the principles of private law in the normative set of rules. These principles make an important place in the normative set of rules as they form its limits. We can hardly imagine its "commission" without such principles of private law. They protect the integrity and the compactness, because Czech private law is nowadays extremely heterogeneous complex of rules. According to the restriction mentioned in the...
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The impact of altered realtions upon the duration of an obligation
Raffaiová, Markéta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1. Summary The Influence of a Change of Circumstances on the Existence of an Obligation The purpose of my thesis is to present a brief outline of the problems concerning the impact of the change of circumstances on the existence of an obligation. The leading principle looking into this issue is the rebus sic stantibus principle. This principle can be considered as the opposite of the contemporary major contract rule worshipped by most of the European states and thus legal systems, the pacta sunt servanda principle. This principle, meaning the necessity of putting emphasis on the performance, is at present the fundamental principle of contract law of the Czech republic too. However, day-to-day life creates situations, in which the strict compliance with this principle can be in conradiction with justice and the contractor's expectations of the fairness of the law. The rebus sic stantibus principle is presently applied usually only to rare specific cases, the question, whether it should be allowed to terminate the contract under a essential change of the circumstances to all contracts in general, is an object of long-term discussions among many legal experts and legislators. This thesis is composed of five chapters, each of them dealing with different aspects of the essentialy changed circumstances (also...
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Principles of private law
Andraško, Richard ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Principles of private law The reason of choosing "Principles of private law" for my thesis is that private law is built on untouchable values. For example, basic values like freedom and equality, which are represented by these principles. Many of them are indispensable in the relation of functionality of the whole system of law. Most of them have Roman law origin. The purpose of my thesis is to describe and summarize the main principles of private law that mostly appear in Czech law, especially in civil law. It also examines the influence of re-codification of private law on these principles and relationship between them. The thesis is composed of two parts. Part one, named general part, is introductory and defines different meanings of principles of law in Czech jurisprudence. It deals with historical perspective (Roman law connections to principles of law) and philosophical context (represented by concepts of legal positivism, theory of natural rights and sociological concept of law) of principles of law. It also describes the theory of principles of law by Ronald Dworkin. Part two, named specific part, focuses on principles of private law and contains the overview of them. It deals with legal regulations of these principles and their definitions according to judicial decisions. It also examines...
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Contractual Acquisition of Property
Faltová, Nikola ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis "Contractual acquisition of ownership" deals with the fundamental questions of contractual acquisition of property law in the Czech Civil Code. Some of the parts of the project are comparative. The author takes into account both the older national regulations of contractual acquisition as well as the different approaches in the same field in some foreign legal systems. In the introduction the author highlights the importance of property law (this right forms one of three fundamental pillars of private law - together with "man" and "contract") as well as the possibility to transfer it to another. First chapter shows that - from the general point of view - acquisition of property law as such may be based on a number of different modes. The paper contains an overview of particular modes and its dividing into relevant categories. The acquisition based on contracts is a type of derivative acquisition. Next chapter is devoted to some general questions of contractual transfer of ownership. Some decisive (general and special) legal principles are offered: namely the principle of the autonomy of the will, the principle of the absence of formality of contracts and finally the "nemo dat" principle (nemo dat quod non habet). This part of the project also focuses on the basic conceptual elements of...
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The institution of pre-contract liability in theory and practice
Kraus, Radek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Diese Arbeit behandelt das Thema "Rechtsinstitut der vorvertraglichen Haftung in Theorie und Praxis". Die ganze Arbeit ist in drei Teile gegliedert und zwar "Der Begriff der Vorvertraglichen Haftung", "Die Komparative Analyse der ausländischen Rechtsordnungen" und "Das tschechische Konzept der vorvertraglichen Haftung". Das Hauptziel dieser Arbeit ist, die praktischen Aspekte der vorvertraglichen Haftung zu beschreiben, was aber ohne ausreichende theoretische Grundlagen unmöglich ist. Die Doktrin culpa in contrahendo (Verschulden beim Vertragsabschluss) wird Rudolph von Jhering zugeschrieben, denn er hat im Jahre 1861 als erstes die charakteristischen Züge der vorvertraglichen Obligationen beschrieben. Der Autor ordnet in dem ersten Teil dieser Arbeit noch die vorvertragliche Haftung in das Rechtssystem ein. Die zum Teil von dem Autor entworfene Definition dient dann in dem zweiten und dritten Teil zu dem einfacheren Vergleich der Konzepte von vorvertraglicher Haftung in verschiedenen Rechtsordnungen. In dem zweiten Teil wird zuerst das deutsche Konzept der culpa in contrahendo beschrieben, wie es sich von R. von Jhering über die Schuldrechtsmodernisierung bis zum heutigen Tag entwickelt hat. Die Entwicklung der deutschen Auffassung der vorvertraglichen Haftung von der materiellen zur formalen...
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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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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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Invalidity in Civil Law
Langhans, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis is dealing with the notion of invalidity as a juridical institute of civil code. It is expounding the types of invalidity, their common features and differences between them. Particular reasons of invalidity are being examined in detail. The thesis is focused mainly on comparing the legal regulations of the current and the new Czech Civil code.
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Testate succession
Schneiderová, Martina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The law of succession is a part of civil law and its main goal is to secure the succession during generations. On somebody's decease there is come to gaining inheritance in the same point. The inheritance proceedings begin ex offo subsequently. The purpose of my thesis is to analyse the institution of testate succession. Actually there are two possibilities of inheritance succession. The first is an intestate succession and the alternative is constituted by a testate succession. Although in the Civil Code there is mentioned the intestate succession in the first place, testate succession holds the first position in practice. In fact legal heirs succeed if a deceased doesn't leave any testament. The exception is represented by forced heirs. The legal grounds to the testamentary succession there is a testament, sometimes called a will of deceased, too. It is necessary to write a testament in compliance with provisions of the Civil Code to be valid. The thesis is composed of five chapters, each of them dealing with different aspects of testate succession. Chapter One is introductory and there is also explained the historical context of testate succession. Chapter Two is named "Preconditions of succession", at first it defines basic terminology used in the thesis, for example the subjective law of succession and...
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