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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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A comparison of the property regimes of spouses in Czech and French law
Mackuliaková, Michaela ; Dvořák, Jan (advisor) ; Elischer, David (referee)
A comparison of the property regimes of spouses in Czech and French law The aim of this masters thesis was to compare property regimes of spouses in Czech and French legal systems. The thesis is dealing with different aspects of "marital estate regime" under the Czech Civil Code, "legal regime" under the French Civil Code and the "legal regime" under the new Czech Civil Code effective from 2014 In addition, the aim was also to examine whether the legislators of both countries based the legal texts on similar premises. In cases of missing positive legal norms, the thesis examined whether practice or case law leads the legislators to conclusions similar or completely different in the respective legal systems. The secondary objective was to compare existing and new Czech Civil Code and evaluate the progress in the approach to the institute of marital estate. The marital property law has to face traditionally two interests, namely individual interest of each spouse and the common interest of the conjugal union. It is important to reconcile these two interests to such extent that common interests will be given sufficient protection, but on the other hand, to extent not as restrictive as to cause aversion to the institution of marriage itself. The thesis is composed of four chapters, each of them dealing...
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The right to respect for private and family life
Králová, Tereza ; Honusková, Věra (advisor) ; Elischer, David (referee)
(RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE) The main goal of this diploma thesis, called Right to respect for private and family life, is to analyze the progress in the issue of the right to respect for private and family life from the perspective of registered partnership. I had to narrow the topic of this diploma thesis to registered partnership, because of the fact, that the scope of the right to respect for private and family life is so broad, that it couldn't be summarized in the mere diploma thesis. Emphasis of this diploma thesis is placed on regulation set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), other regulation is mentioned only marginally. The diploma thesis is divided into four chapters, further it contains the introduction, the conclusion, the list of abbreviation, the list of literature and the Czech and English abstract. The most important part of this diploma thesis is chapter three, which deals with the right to respect for private and family life from the perspective of registered partnership set out in the article 8 of the Convention. Chapter 1 defines the right to respect for private and family life as one of the fundamental human rights and characterizes the international legal protection and legal...
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Evolution of inheritance title deeds
Váňa, Dalibor ; Dvořák, Jan (advisor) ; Elischer, David (referee)
- Evolution of inheritance titles My thesis contains the description and analysis of inheritance titles through the history - from Roman law to legal situation de lege ferenda. The institution of inheritance is an indispensable part of the system of law. The inheritance contributes to keeping property values of a deceased person for his successors, usually for further generations. The inheritance law contributes also to the certainty and continuity in legal relations between entities of civil law relations. The topic of this thesis are inheritance titles, which represent legal grounds of inheritance. The thesis pays the greatest deal of attention to the regulation de lege lata and regulation de lege ferenda and their comparation. Description of the provisions of the civil code is accompanied by important judgments of the courts. Historical excursion starts in the Roman law which is commonly accepted as the basis of the current legal regulations and follows by the brief review of the middle-ages law. The thesis then deals with the Allgemeines bürgerliches Gesetzbuch (ABGB) adopted in 1811. This civil code became the first modern regulation in the Czech territory. ABGB was valid until the beginning of the twentieth century's 50s, after the communist revolution, when new "socialistic" regulation took...
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Contracts made by means of distant communication - the regulation of so-called distant contracts
Jozová, Hana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The agreements concluded by means of distant communication ("distance contracts") are one of the two types of Consumer Agreements explicitly defined by the Civil Code (the other type being agreements concluded outside usual business premises, "door-to-door contracts"). Consumer Agreements are not a stand-alone contractual type, but merely a specific term for those traditional contractual types (e.g. purchase agreement, agreement for work) concluded between a consumer and a supplier. For the purposes of Consumer Agreements, the supplier is defined as a person acting in the framework of his trade or other business activity, while the consumer is on the contrary a person who doesn't act in the framework of his trade or other business activity. It was the need to establish the higher standard of protection towards consumers (as a weaker contractual party) that led to the introduction of the new instrument of Consumer Agreements into the legal framework. The introduction took place through the Act No. 367/2000 Coll., which implemented into the Czech law three EC directives, namely the Council Directive 93/13/EEC on unfair terms in consumer contracts, the Council Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises, and finally the Directive of the...
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