National Repository of Grey Literature 625 records found  beginprevious408 - 417nextend  jump to record: Search took 0.00 seconds. 
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...
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...
Termination of the flat lease
Švehla, Jiří ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of the thesis is the termination of the flat lease and the methods of termination with a deeper focus on the legal aspects of termination of flat lease by giving discharge to the tenant. At the same time the work concerns about other institues of substantive and procedural law which is directly related with this issue. The thesis is divided into eight chapters. The main topic is dealed in chapter four, five and the most comprehensive chapter six, which presents more than half of the whole thesis.
Contractual Fine
Švehla, Jan ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis is the institute of contractual fine according to the applicable adjustments in the Civil Code. In eleven chapters is analyzed the historical development of this institute, as well as recent regulation compared with the new Civil Code (Law No. 89/2012 Coll.) and foreign regulations of Austria, Germany, Switzerland and Spain. There is also dealed the issue of the amount of the contractual fine, as well as issue of entitlement to a contractual fine and other topics. Part of the work was also devoted to the relevant case law.
The principle of concentration in contentious procedure
Cinková, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
This Master's degree thesis deals with legislation on the "principle of concentration in the contentious procedure" and related legal institutes. Pursuant to the principle of concentration, the parties to the civil proceedings are obliged to concentrate and perform the prescribed pleadings within particular time period. These pleadings include among others: allegation of material facts, proposed evidence to prove these facts and objections to the procedural matters. After the passage of prescribed time, a factual and evidentiary "stop condition" occurs, i.e. the parties to the proceedings are not able to perform the pleadings with relevant consequences in law anymore. Legislation on the principle of concentration has been significantly amended by adoption of several Civil Procedure Code amendments, namely Act N. 30/2000 Coll. and Act N. 7/2009 Coll. The thesis aims to analyse and critically evaluate these amendments. The thesis consists of seven chapters. The introductory chapter defines the theoretical concept of the principle of concentration and its intended purpose. The second chapter describes the concept of legal principles and places the principle of concentration in the group of civil procedure principles. The main attention is paid to the principle of legal order, the principle of...
Disputes arising from proceedings for the enforcement of judgments
Novotný, Jan ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract The aim of this thesis is an integral organization of the incidental disputes that may arise in the execution proceeding, a description of their nature, an outline of their purpose and characterization of important features. The result of my efforts should be a structured and comprehensive overview of the incidental disputes. The approach, which I used in order to achieve the marked objective, rests in the creating of the basic description of individual incidental disputes, in the analysis of their elements and in the comparison of different concepts. Apart form the introduction and conclusion the thesis contains a total of two chapters, which are further divided into subchapters and parts. The first chapter contains altogether four subchapters and the second chapter contains six subchapters. The first chapter discusses the execution proceeding and the incidental disputes in general. First of all, the thesis begins with the first subchapter with a brief outline of the history of execution proceeding along with the lay out of the first occurrences of the various institutes of incidental actions. Subsequently, in the second subchapter the execution proceeding is conceptually defined in accordance with the state of today's jurisprudence. The third subchapter, that deals with the main principles on...
Types of civil procedure
Vágnerová, Martina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The attempt of this diploma thesis is to give a comprehensive analysis of all of the components of civil procedure. Civil procedure represents the united process on the outside, but is differentiated inside. We can distinguish five types of civil procedure and within the finding procedure two other types - controversial and uncontroversial. All of these types are constructed on the same basis which is right to a lawful trial. This is the basic principle of justice in general. Considering the scope of this area the diploma thesis focuses on the determination of the elements that are common to some types, and within the frame of the particular types mainly on answering the present questions connected with them. By the characteristics of the finding procedure the attempt is to determinate the principal differences between controversial and uncontroversial procedure and, in connection with that, also to outline the future course in this area. In the chapters concerned with execution and insolvency procedure, the thesis is concentrating primarily on the determination of requirements which must be met to carry out these procedures. In connection with execution procedure there is also outlined this year's amendment, which means some kind of transfer of the judicial execution on the executors. Within the frame of...
Liability for damage caused by unlawful decisions or maladministration
Košťálová, Jana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Liability for damage caused by unlawful decision or maladministration The concept of liability for damage is one of the basic institutions of private and public law. Civil liability for damage provides protection for property and personal relations of natural persons and legal entities. Liability for damage is formed by a fulfilment of conditions stipulated by law. The aim of this liability is to eliminate the consequences of breaking the law and to prevent the occurrence of damage through pre-emption. As a topic of my thesis, I have chosen the specific case of civil liability which is the liability for damage caused by unlawful decision or maladministration. I will specifically focus on the liability of the state for damages caused by execution of public authority, where the state acts as a public entity in a legal relationship. The aim of state liabilty caused by execution of public authority is to provide legal certainty to parties in a legal relationship. If damage is caused as per the conditions defined by law, the aim of state liability for damage i salso remove any unwanted consequences of breaking law. Last but not the least, the function of state liability for damage caused by execution of public authority is to prevent the damages in the first place. In my thesis I provide a comprehensive...
The legal position of a judge
Tichá, Andrea ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The aim of this thesis is to focus on the position of judge as it is established in the law system of the Czech Republic. The author is pursuing the genesis of judge's function, rights and duties of a judge and considerable part of this work is dealing with the principle of judicial independence and impartiality which ensures right to a fair trial. This thesis also marginally summarizes the history of judiciary in Czech Republic.
Inheritance procedure
Fišerová, Tereza ; Frinta, Ondřej (advisor) ; Pohl, Tomáš (referee)
I have chosen the subject of Inheritance procedure in order to get more familiar with this area of law. With the help of effective legal regulations this thesis was aimed to make a thorough analysis of the inheritance procedure and to find a better solution to some of the problematic aspects of the current legislation. In the introduction I briefly deal with some of the historic events. At the same time, I mention changes which will be introduced by the new civil code. Then, the inheritance procedure is generally charecterised and I deal with the authority and competence of the courts, with the subjects of the inheritance procedure and with its delivery. The next part looks into the process specifically. It includes the following chapters: Initiation, Further progress, Inheritance administrator and the preliminary measures, Preparation of materials for the proceedings, Proceedings, Settlement of the common property of spouses, Inventory of assets and liabilities, Final resolution on the heritage, Overindebted heritage and Corrective tools. The chapters which follow deal with the dependencies among the inheritance, enforcement and insolvency proceedings. In the final chapter I summarize my suggestions which I concluded during the process of writing this thesis, as well as present my own attitude to...

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