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Dealing with real estate in theory and case law
Postránecká, Romana ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
Nakládání s nemovitostmi v teorii a soudní praxi Romana Postránecká ABSTRACT (EN) This work is dedicated to a selected range of issues concerning the problems of dealing with real estate. The focus of this work is the handling of material rights to real estate; out of the group of laws of obligations the work includes the issue of leasing real estate. The work is divided into seven chapters. The first chapter provides and introduction to the issues and deals with the systematic legal relationships to real estate. The second chapter addresses real estate transfers, in which the focus is on the present development of judicature in regard to the effects upon a third party of withdrawing from a transfer agreement. The third chapter discusses encumbrances and easements, their contents and comparison with public use like an institute of public law. The forth chapter handles the issue of real estate liens, including liens established within the scope of carrying out a court decision or distraint. The fifth chapter looks into leasing real estate, in particular the differentiation of legal regimes by which the lease agreements abide, according to the type of real estate in question. Despite the fact that the effectiveness of the new Civil Code (in the wording signed by the president of the Czech Republic) had been...
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Compensation of Damages according to the Civil Code
Hrnková, Lucia ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
The purpose of this thesis is to point out the main aspects in field of the compensation of damages according to the valid and effective Civil Code, to bring a critical view of these regulations and to present suggestions de lege ferenda. The author tries to explain the current legal regulations regarding the compensation of damages, whereas she deals namely with the issue of prevention of damages - purpose and types of the prevention, as well as with the issue of the functions, assumptions and subjects of the liability for damages, further she is focused on the method and the scope of the compensation of damages, as well as on the single types of the liability of damages and the relationship between the liability for damages and the liability for defects. The chosen fields of the legal regulations of the compensation of damages according to the Civil Code, namely the assumptions of the liability for damages and the method of the compensation of damages, are also compared with the regulations of the Principles of the European Tort Law (PETL) where the author tries to point out the progressive PETL regulations in field of the compensation of damages. The author also presents in this thesis the chosen judgments of the Supreme Court of the Czech Republic, pursuant to that she illustrates the...
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Experience with the institute of discharge from debts in the Czech and Central European legal system
Hönigová, Nikola ; Smolík, Petr (advisor) ; Pohl, Tomáš (referee)
English abstract The purpose of my thesis is to analyze the insolvency law in Central Europe, in particular the discharge from debts. The reason for my research of this area of law is that recently this issue became frequent because of economic depression. The thesis is composed of nine chapters, each chapter dealing with different aspects of discharge from debts. Chapter One illustrates the methodology of my thesis, especially the methodology of comparative law - the "comparatum" of this thesis is the Czech legal system and the "comparandum" is the Slovak, German and Austrian legal system. Chapter Two is introductory and defines basic issues regarding the discharge from debts. Chapter Three contains historical introduction to the insolvency law in Central Europe. Chapter Four is subdivided into two parts. Part One describes the modern beginnings of insolvency law in Czech and Slovak legal systems. Part Two deals with the beginnings of insolvency law in German and Austrian legal systems. Chapter Five describes the European regulation No. 1346/2000/EC. Chapter Six consists of twelve parts. Each part is subdivided into four subparts - Czech, Slovak, German and Austrian law. Part One is introductory into comparative law concerning the discharge from debts. Part Two focuses on practical findings with respect to...
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New opportunities for mediation in civil cases
Růžička, Vojtěch ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The submitted thesis describes mediation in civil matters - settlement solution carried out of court - under legislation newly enacted in Czech Republic. After years without concrete legal regulation the lawmakers were forced by the European Union legislation represented by the Directive 2008/52/EC on mediation to respond with special national legislation. Adoption of the Act no. 202/2012 Coll. (Mediation Act) brought a substantial development in this area of Czech legal environment. The author focuses on analysis of the process of mediation and how the legislation is reflected in its individual elements. The work consists of four related chapters. The first chapter describes mediation as one of out-of-court settlement methods, principles of which have been applied thorough history but which has been going through its renaissance in the last decades. The second chapter contains analysis of mediation process, its types and suitability of their use. Here the author describes psychological elements which affect the course of the mediation and their impact on the whole process. The subsequent chapters are crucial for the aim of the work. The third one analyses the former and mainly the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new...
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Discharge from debts focusing on discharge from debts for spouses
Sedláčková, Magdalena ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The purpose of my thesis is to analyze the institute discharge of the debt as the way of solution of bankruptcy according to Act No. 182/2006 Coll., on Bankruptcy and its solution (Insolvency Act). The thesis concerns all the phases of the process of discharge of the debt, from the proposal of permission of the discharge of the debt until its accomplishment. The thesis focuses on relevant legal regulation and case law. I also present the institute of discharge of debt of husband and wife which is quite often used without any legal support. The thesis is divided into five chapters. The Chapter One deals with the proposal of permission of the discharge of the debt. It examines particularly the subjects who are authorized to submit it and possible decisions of the court including the reasons for its dismissal. In the next Chapter I investigate two possible ways of discharge of the debt, the liquidation of the debtor's assets and monthly payment of a specific amount. For each type the affected assets and advantages and drawbacks for the debtor are described. The possibility for creditors to vote about type of discharge of the debt is also discussed. The Chapter Three relates to the decision of approval of discharge of the debt which has specific essentials and effects and means a lot of duties for the...
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Court decisions on regulation of proportion of the minor child in relation to the divorce or to the separation of his parents
Renfusová, Lenka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This Master's degree thesis addresses the issue of the decision making process about settlement of the relationship between parents and their underage children after their divorce or separation. The purpose of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by new Civil Code Act No. 89/2012 Coll., which is coming into force on 1st January 2014. The thesis is composed of nine chapters. The chapter one starts with a description of the historical development of family law since the Austrian Civil Code of 1811 up to now with emphasis on situation of the minor child after parental divorce or separation. Its second part deals with new Civil code which includes the family law and government bill of civil procedure code with procedure concern the minor child. Chapter Two focuses on minor child and legal instruments concerning his protection when parents are getting divorce or do not live together. The chapter consists of three parts. Part one describes who are parents and who is child in the Czech civil law. Part two refers to the role of the court in protection of child's best interests. The third part seek to draw attention to participatory rights of the child. The following chapter, divided into four section, looks at the procedure in...
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The action to exclude a claim from the enforcement of the judgment
Svoboda, Ondřej ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Debarment action in execution proceedings The thesis targets the interpretation of debarment actions in execution proceedings. Generally the thesis provides a definition of debarment actions as a legal institution for the protection of third party rights and of debarment action execution proceedings. On the other hand the thesis is very particular in terms of the specifics of individual forms of debarment actions. The interpretation does presented also refers to current jurisprudence as applied by Czech courts as regards debarment actions, as well as in further related cases. The legal interpretation points out to the possibility of future amendments to certain legal provisions. The first Chapter of the thesis defines fundamental legal terms and institutions, which create a broader base for debarment action interpretations. The thesis focuses on the definition of notions of execution, the status of bailiffs, execution proceedings and the parties thereto as well as the sources of law including the definition of the inter relationship between Civil Procedure Code and Execution Procedure, which are cardinal for the main subject of the thesis. The interpretation contained in Chapter two aims at general description of debarment actions, their subjects and status within incidence disputes and it also...
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Foundation and benevolent fund
Mazanec, David ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This rigorous thesis titled Foundation and benevolent fund is divided into ten chapters and its extent has reached one hundred and twenty-four standard pages of plain text. The aim was to describe one of the most typial legal person i.e. foundation and benevolent fund from doctrinal as well from theoretic point of view. Opening chapter is dealing with division of legal persons concerning their theoretical classification between legal persons of private law and legal persons of public law. Simultaneously the chapter is aimed at detailed elaboration and specification of conceptual characteristic of entities of private law. The entire opening chapter is interconnected with issues related to general conception of legal persons from the point of view of the most significant theories i.e. theory of fiction and theory of real united entities. In second chapter we have essayed to describe historical perspectives of development of foundation. Regarding historical perspectives we have started from the historical background of Roman law period and we have reached the codification works set in 19th century (in particular ABGB). Establishment of Czechoslovakian legal system was not omitted either and through the presentation dealing with repression of foundation law in the period on second half of the 20th...
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Easements and rights of neighbours
Zíková, Pavlína ; Pohl, Tomáš (referee) ; Hendrychová, Michaela (referee)
In my doctoral thesis I have focused on legal regulation of easements and rights of neighbours as interrelated legal institutes. The introductory passages illustrate both fundamental concepts of this work, namely easements and rights of neighbours with regard to the current legal regulations, as well as their mutual relation. A short presentation of the historic legislation of both institutes in our territory since the early 19th century until today might help better understanding of the actual legal regulation of these institutes in Civil Code. By determination of easements and rights of neighbours and by analysis of their establishment in current Czech law I attempted to incorporate in my work the actual cases of the most frequently established easements, as well as very common violations of neighbourhood rights. Another part of my thesis is devoted to legal instruments serving to protect the rights corresponding the legal regulation of easements and rights of neighbours in Civil Code. Last section of the thesis contains a brief treatise on the law of easements and rights of neighbours in the Federal Republic of Germany, particularly as codified in the German Civil Code. Within the scope of treatise of the various types of interference to the rights of neig hbours according to German law I tried to...
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Change of circumstances related to contract on the future contract
Král, Václav ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The purpose of this rigorosum thesis is to deal with the preparatory institute of private contractual law, pactum de contrahendo, under the influence of a qualified change of circumstances. This institute passed through to the contemporary legislative conception long progress, currently in the Czech Republic its simultaneously regulated into two effective codes and in connection with recent re-codification of the Czech private law, the explicit regulation is also contained in the new Czech Civil Code. The thesis focuses on the preliminary agreement being concluded according to the effective Czech Civil Code, on its purpose, utilization and function. The thesis also characterises its subjects, subject- matter, content and the process between entering into the preliminary agreement and the future agreement. The thesis deals in detail with the extinguishment of obligation deriving from under the influence of changes in circumstances. In several cases the thesis provides alternative approaches to a particular issue, presents judicial opinions of legal experts and pursues case law. The thesis also describes the development of regulation of agreement to make contracts in the context of Czech law within the range, which was appropriate to the subject, the thesis refers to similar legal institutes and...
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