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Protection of personality rights
Strejcová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The objective of this thesis is to provide an overview of general part of the protection of personality in the Czech legal system, as well as a detailed analysis of selected aspects of personal rights. The thesis focuses on protection provided by the Act Nr. 89/2012 Sb., Civil Code, and the European Convention on Human Rights. Initial chapters of the general part of the thesis deal with brief introduction to the historical background of personality rights in the Czech legal environment, as well as with the definition of personality and personality rights as such, together with a demonstrative list of values protected by the general right of personality. The subsequent chapter provides an overview of Czech and international sources of law concerning personality protection. Chapter four deals with lawful and unlawful interferences with personality rights. The final chapter of the general part outlines legal means of protection of personal rights available according to the Czech law. The special part of the thesis is dedicated to a deeper analysis of three aspects of protection of personal rights. Chapter six deals with one of the most important personal rights, the right to privacy. This chapter aims to introduce the broad concept of privacy, including case law of the European Court of Human Rights...
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The right of a child to know his/her genetical origin
Zýchová, Jana ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
My thesis deals with the child's right to know his or her genetic origin. It is a universal human right guaranteed by the Convention on the Rights of the Child. The Article 7, paragraph 1 states that every child has a right to know his or her parents, if possible. European Court of Human Rights repeatedly postulated that the right to know one's origin is an integral part of the right to respect for private and family life provided by the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of my work is to explain on particular problems, to what extent is this right respected in the Czech Republic, in conformity with its international obligations. The text is based on valid legal status to June 21, 2011, with regard to proposed changes in the upcoming adoption of the new Civil Code. The text is systematically divided into seven chapters. The first chapter is focused in general on the right to know one's own origin in the human rights dimension. The following chapters examine particular relevant sections of family law and its imperfections. Firstly, I discuss the issue of determination and denial of parenting with an emphasis on emerging deliberate disharmony between biological and legal parenthood. Furthermore, I focus on the issue of adoption,...
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Travel contract under Czech and German Law
Záhumenská, Zuzana ; Švestka, Jiří (advisor) ; Frinta, Ondřej (referee)
1 Abstract Title of the thesis: Travel contract under Czech and German law Area of the law: Civil substantive law It is the aim of this author to provide a theoretical analysis concerning the outcomes and implementation of the EC-Directive 90/314 into Czech national law by examining the construction, the materiality, and the meaning of the directive; identifying any deficiencies of the current legal regulation on travel contracts in the Civil Code (including actual or possible undesirable consequences); and offering possible solutions. The main part of this thesis is divided into two chapters. The first chapter, entitled Chapter 2, presents the background of the current legal regulation and explains why it has become necessary to codify these rules. The second of the two chapters, entitled Chapter 3, comprehensively deals with the travel contract itself
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Institution of shipping
Dudík, Jan ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Freight Forwarding The content of this thesis is a treatise on the issue of freight forwarding contract conclusion as well as on the topic of freight forwarding in general, namely in the context of Czech laws together with the laws of Germany and Austria. The thesis is divided into five chapters, whereas the author emphasizes, besides the comparison of the current and the previous legislations the clarification of basic terms of the law of transport and conceives the text as an elementary insight into an often overlooked issue. Demonstrated on the historical context, outlined in chapter two of the thesis, is the rather dynamic evolution of the branch as well as the set back of its promising beginnings in our countries caused by the installment of the totalitarian regime in the late 40s of the last century. Prevailing in the following legislative excursion, contained in the third chapter, is beside the aforementioned comparison, a pure analysis of the rights and obligations of the forwarding contract parties, means of their securing as well as of the alternative liability regimes, when included is also a brief description of the related types of contracts and the model transport documents used in the freight forwarding business branch. The fourth chapter consists mainly of an analysis of the legal...
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Community interest society
Mazanec, David ; Frinta, Ondřej (advisor) ; Radvanová, Senta (referee)
Grounds for the topic of my thesis are connected with approved Amendment Act of Community Interest Societies. The aim of the work is to explain reasons that made the legislation power approve the amendment (mentioned above), specification of the most essential features of legal entities of a non-profit sphere, and usage of comparative levelling of the original statutory text with the actual legal regulations. The thesis is devided into 8 chapters and results from the basic characteristics of legal entities of the non-profit sphere in relation to a short discursion respecting their historical evolution. Attention is paid to general definition signs of these legal entities. The work focuses on legal status a Community Interest Society in the context of the Czech Legal Order. Great attention is paid to the Amendment Act of a Community Interest Society, especially with respect to the newly constructed conception in the area of authorities status of Community Interest Society and alignment of their acticity. The thesis deals with procedural process during foundation and liquidation of that kind of non-governmental organization and activities that are typical of the Community Interest Society. The merits of the thesis is characteristic of use of comparative view of the original statutory text concerning...
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Community property focused on settlement after its termination
Linhartová, Aneta ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...
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Foster care in private and public law
Čiháková, Adéla ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
FOSTER CARE IN PUBLIC AND IN PRIVATE LAW Abstract The diploma paper deals with the present legal regulations of foster care in private law as well as in public law. The institute of foster care is placed on the frontier of public and private law and the purpose of my diploma paper is to assess, after a complete analysis, which of these two law branches is the foster care closer to. The diploma paper is divided into nine chapters. The first chapter is dedicated to the institute of foster care in general. This chapter has to introduce the reader into the problems and to acquaint him with the basic way-outs. The second chapter defines the notion of foster care and its purpose. Also the historical way-outs are described there. We can see the progression of this institute, as we understand it these days, since 19th century. The essential modification came during the period of communism and the reinsertion of the institute of foster care came at the end of 90's in 20th century. The third chapter is about the present legal regulations of foster care in the legal order of Czech Republic. The sources of legal regulations of foster care, including international sources that govern family law, are characterized there. There are also mentioned single presumptions of the inception of foster care, requests on the person...
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Parental responsibility and its exercise
Nováčková, Petra ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Parental responsibility and its exercise The aim of my final thesis is to analyze parental responsibility and its exercise in the Czech rule of law by the Czech's principle. These thesis contain chapters about historical trends of family law, children rights and development of mutual law and duties of parents and children from the past to present. Some space is also devoted for government interference into parental responsibility. The reason why I chose the theme of parental responsibility for my final thesis is its current status which can be involved for everyone. Final thesis is divided into seven chapters. First chapter contains two parts. The first part is describing family law and explaining its position in a general law and its subject and principle. Second part is about family concept, protection, historical evolution and current situation. The second chapter is connected with legal children's status. It contains five parts. The first part is focused on children's rights, second part is describing a historical origin of the right. The third part is devoted to detail description of children's rights which are included in the Convention of Children's rights. The forth part is dealing with children's duties and fifth part is enlarged children as a juristic person. The third chapter is named...
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Easements
Medunová, Adéla ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Acquisitive prescription This Master's degree thesis deals with the topic of acquiring the right of ownership by prescription (usucaption). Its aim is to describe the form of the institute in Czech law and to put it into a broader framework. Acquisitive prescription is a means of original acquisition of ownership rights to things. It solves the problem, when possessor does not own the object of the possession. The ownership to the thing is acquired under these conditions: good faith of the possessor, just title, possession for required time. The thesis is composed to five chapters. The introduction summarizes the aims of the study and explains the concept and the structure of the thesis. Chapter One is introductory and defines basic terminology used in the thesis. It describes the concept of things and rights in rem in Czech private law. Then it explains the theory of possession, such as its fundamentals, its meaning and protection provided to the possessor. After that it focuses on definition of ownership and methods of acquiring the right of ownership. This chapter concludes with a short explanation of what is acquisitive prescription and what is its significance. Chapter two focuses on the history of this institute. It highlights the most important aspects of acquisitive prescription in ancient...
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Divorce and its consequences on property - a comparison of Czech and German legal regulation
Šaurová, Veronika ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of the thesis is divorce and its consequences on property - comparison of Czech and German legal regulation. The thesis is divided into four basic chapters, in which there is described the history of divorce, then there is explained the term of divorce itself followed by definition of different matrimonial property regimes in the Czech republic and in Germany. In the end the thesis concerns settlement of property between spouses after the divorce. The thesis profits from both analytical and comparative methods of approach. Each chapter is divided into subchapters for better clarity and easier orientation. The subchapter consists of first explonation of Czech legal regulation, followed by German legal point of view and both of them are compared at the end of each section. The aim of this thesis is to explore similarities and differences between both legal regulations. First chapter deals with the history of divorce. The periods concerned are medieval times, the 18th and 19th Century and the whole 20th Century's development in the end. The second chapter is dedicated to the term divorce itself. First the termination of marriage in general is explained, then the thesis pays attention to a qualified breakdown as the only possible legal reason of divorce. At the end of this same chapter the...
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