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Other manners of extinction of obligations
Schwarzová, Aneta ; Lederer, Vít (referee)
Resumé This diploma thesis provides a basic insight into the issue of extinction obligations. In the first part, the author focused on the principles of the law of obligations, definition of related terms, legal enshrining and, in general, the origin, change and termination of the obligation. Subsequently, the thesis deals in general with the extinction of obligations. Furthermore, the author focused on selected ways of some of the other manners of extinction of obligations. These institutes are analyzed in more detail - set-off, withdrawal from contract, termination of an obligation and subsequent impossibility of performance. For the sake of clarity in reading the texts, the individual institutes are prepared according to the same outline - general introduction, admissibility, realization, effects and the final subchapter. In this subchapter, the thesis deals with some specifics that can be mentioned in connection with the institute and also how the institutes are used in their interpretation and application in specific situations. The thesis highlights some of the pitfalls of application practice. In addition to outlining the problem, the author tries in some cases to find a solution or to evaluate the current situation and the development of the problem in the future. Partial outcomes of this thesis...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Lederer, Vít (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Surrogacy
Pašková, Katarína ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Surrogacy Abstract The thesis deals with the topic of surrogacy as one of the options for treatment of infertility in couples. It deals with the approach to surrogacy taken by the legislator in the Czech Republic and raises the question of whether the current legislation is appropriate. The thesis examines the proposition that in a globalized world, it is not effective to prohibit surrogacy, but it is more effective to define its legal limits to protect the fundamental values and persons concerned. The thesis first defines surrogacy and the basic terms associated with it. It deals with the legal regulation of surrogacy in the Czech Civil Code. It describes the whole process of surrogacy, the legislation that affects it and the risks that are associated with it. First, it deals with the question, whether the law at all allows artificial insemination of a surrogate mother. It also deals with the issues of determining parenthood of a child, adoption of a child and the admissibility of financial compensation to a surrogate mother. It examines whether it is possible to conclude a valid contract on surrogacy and whether artificial insemination of a surrogate mother can be covered by the public health insurance system. It deals with the effects of surrogacy on labour law and social security law. It draws attention...
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Rights of Passengers in the Event of Denied Boarding and of Cancellation or Long Delay of Flights in the Czech and EU Law
Velcer, Vít ; Lederer, Vít (referee)
This thesis deals with the regulation of rights of passengers as consumers in air transport. The reader is drawn into to the historical development of the most important sources of passenger rights at the international and EU level. The thesis presents a detailed analysis of these sources of law and an important part of the thesis is also the identification and analysis of air passenger rights arising directly from the national legislation of the Czech Republic. The thesis put emphasis on practical application of passengers' rights and also focuses on current issues in the field of application or interpretation practice.
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Lederer, Vít (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Other manners of extinction of obligations
Schwarzová, Aneta ; Lederer, Vít (referee)
Resumé This diploma thesis provides a basic insight into the issue of extinction obligations. In the first part, the author focused on the principles of the law of obligations, definition of related terms, legal enshrining and, in general, the origin, change and termination of the obligation. Subsequently, the thesis deals in general with the extinction of obligations. Furthermore, the author focused on selected ways of some of the other manners of extinction of obligations. These institutes are analyzed in more detail - set-off, withdrawal from contract, termination of an obligation and subsequent impossibility of performance. For the sake of clarity in reading the texts, the individual institutes are prepared according to the same outline - general introduction, admissibility, realization, effects and the final subchapter. In this subchapter, the thesis deals with some specifics that can be mentioned in connection with the institute and also how the institutes are used in their interpretation and application in specific situations. The thesis highlights some of the pitfalls of application practice. In addition to outlining the problem, the author tries in some cases to find a solution or to evaluate the current situation and the development of the problem in the future. Partial outcomes of this thesis...
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Co-ownership and security interest
Žáček, Lukáš ; Hendrychová, Michaela (advisor) ; Lederer, Vít (referee)
1 Co-ownership and lien English abstract The work was devoted to the examination of the specific relationship between two fundamental legal institutes, namely co-ownership and a lien, whereas the results of this work brought new findings in this area. The aim of this work was twofold. First aim was to find out whether there are arguments supporting common claim that an ideal co-ownership share may be the subject of a lien. Second aim was to examine whether a lien to a thing that is subject to co-ownership and a lien to an ideal co-ownership share regarding the same thing can exist next to each other at the same time and, if so, how those liens affect each other. In order to explain the problems addressed by this work and to find a solution to both problems, the valid legal regulation was interpreted by use of the linguistic, logical, comparative, systematic, teleological and historical method. This interpretation was further supported by the analysis of opinions expressed in relation to the partial points of the problem addressed, both in case law and in the literature. These opinions were also compared to each other in order to determine which of them would work best in the simulation of an argumentative exchange. However, the opinions expressed so far have proved to be insufficient to address either of...
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Acting on behalf of a legal entity
Čápová, Martina ; Dvořák, Jan (advisor) ; Lederer, Vít (referee)
Acting on behalf of a legal entity Abstract The rigorous thesis deals with acting on behalf of a legal entity after the recodification of private law. This recodification has brought a number of changes which is not different in the area of acting on behalf of a legal entity as well. The concept of a legal entity as a fictitious subject of law is intertwined with the whole concept of the institute of acting on behalf of a legal entity. The content of the thesis is structured into seven main chapters, which are elaborated in more detail in subchapters. After the introduction, which clarifies the reason for choosing the topic of this work and it's outline, in the first chapter I deal to a general and necessary extent with basic terminology related to the topic of the work and then the legal proceedings themselves. The second chapter is devoted to a general description of legal entities, theories applied to the concept of legal entities and the basic division of legal forms of legal entities in our private law, not only in o.z., but also in ZOK. In the third chapter I approach the basic topic of this work, ie acting on behalf of a legal entity. I have divided this chapter into a general introduction to the actions of a legal entity in relation to representation and actions prior to the establishment of a legal...
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Administration of property of others - trusts
Lederer, Vít ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Rozehnal, Aleš (referee)
1 Administration of property of others - trusts Abstract The main objective of this thesis is to provide a detailed and systematical view of the new regulation of the institution of the trust in the Czech republic using the descriptive, analytical and comparative method. The work is divided into seven parts. Part 1 of this study is focused on defining the concept of the trust and its creation. It deals with its theoretical background and its fundamental constitutive elements. Part 2 describes the founder and his role at the creation of the trust and during its existence. In this part it is also discussed the question of reservation of rights to the appropriated property made by the founder. Part 3 of this thesis is concerned with the of administration of the trust. Primarily, this part focuses on the role of the trustee and his duties towards the trust and to the beneficiary, as well as his duties to third parties. The author also explores the question of an objective and impartial administration of the trust where the founder or the person who is to receive a performance from the trust is also the trustee, as well as the question of appointment and removing the trustee. Part 4 deals with the beneficiary and his right to receive a performance from the trust. It is also concerned with the way of appointing...
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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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