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Legal aspects of the research of stem cells
Šolc, Martin ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The thesis deals with an issue of legal aspects of stem cell research with a special emphasis on the use of embryonic stem cells which is connected with the most of ethical and legislative controversies. At first, there are presented biological and ethical aspects of the topic necessary for its understanding. The thesis further analyses related legislation relevant for the research conducted in the Czech Republic. With respect to international law, the thesis focuses mainly on the Council of Europe system of protection of human rights. Then, the thesis presents regulation in primary and secondary European Union law. In the two final chapters, there is presented Czech regulation in the constitutional order (in the Charter of Fundamental Rights and Freedoms) and laws, which is then viewed in European context as moderately permissive and relatively well prepared. Its greatest weakness is the lack of discussion about the topic in the Czech public.
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Contract for health care under the Civil Code
Bláha, Pavel ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract Contract for health care under the Civil Code The subject of this thesis is a new type of contract, which was brought into Czech civil law by the Civil Code effective since 1 January 2014 - contract for health care. By including this special type of contract, the legislators practically agreed with a group of legal experts stating that health care is provided under contract, even before the new Civil Code became effective. This paper deals with the very conception of health care used in Czech legislation and with its comparison with the interpretation on this matter in legal codes, which were used by the authors of the provisions on contract for health care as inspiration. First part of this thesis discusses the legal regulation of health care in the Civil Code. With aim to provide a coherent point of view of this type of contract, this part briefly describes other possible conceptions of this legal institute. Besides the solutions, which provided a source of inspiration to Czech legislators, and those which are similar to the new Czech regulation, conceptions of health care used in other states of mainly continental Europe are mentioned. That is followed by introduction of interpretation of relation between provider of care and patient applied in the Czech Republic before the new Civil Code...
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Lease of an apartment and house
Petrovičová, Michaela ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Lease of an apartment and house The subject of this thesis is the issue of lease of an apartment and a house with emphasis on introduction of the fundamental changes brought to this question by the new Civil Code. This paper also briefly points out possible difficulties which might occur even though the legal regulation is quite detailed. The thesis is trying to mention relevant established practice of courts in connection to certain areas of this regulation. The legal institute of a lease of an apartment and house presents irreplaceable part of every legal system because of the fact why people enter into such contract. That is also, why special protection of a leaseholder represents traditionally integral part of this field of law. The thesis consists of six chapters, of which the first one presents the sources of legal regulation. The second chapter discusses various objects of a lease which may substantiate a special protection of its tenants. For a better understanding, even instances of relations which are not included under lease of an apartment and house are mentioned. In order to present a comprehensive view, this thesis also discusses the differences of lease of a staff apartments, social solidarity apartments, and apartments owned by cooperative housing societies. The main part of this...
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Comparison of apartment lease termination in Czech and German law
Kutková, Petra ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of the thesis is to compare the Czech and the German regulation of the apartment lease termination. The thesis considers the current Czech and German legal provisions, but also the coming Czech legislation. The thesis is composed of four chapters. Chapter one is introductory and deals with the terminology used in the thesis. Chapter two focuses on the apartment lease termination and divides it into two different types - absolute and relative. Chapter three describes and compares the most important grounds of absolute apartment lease termination, by which the notice is the most dominant. Chapter four deals with two different types of relative apartment lease termination causing changes either on the side of the lessee or the side of the lessor. The thesis leads to the conclusion that the Czech legislator searched inspiration for new Czech legal rules concerning apartment lease termination within the German regulation and this seems to be a good choice.
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Community property of spouses
Krajíčková, Monika ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The present thesis is called the community property of the spouses regulating property relations between spouses. It is divided into seven chapters, the first chapter is an introduction and the last conclusion. It discusses the historical development of the law, since the Roman law to the current legislation. Another chapter is devoted to defining the concept of community property of the spouses, its origin and content, including its use and administration. The following describes the modification of community property of the spouses and is worked out in detail his demise and settlement. The fourth chapter is devoted to legislation enshrined in the New Civil Code, which becomes effective on January 1, 2014. Finally, it describes the bond of community property of the spouses to private international law and a comparison of the arrangements of community property of the spouses in selected European countries.
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Succession
Prevužňáková, Tatiana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with the topic of succession, principles of the inheritance law and Europeanization of the inheritance law. For a deeper understanding of the matter of the inheritance law, this thesis focuses on the basic points of historical development influencing this area of law in our territory, especially legal regulation of inheritance law in Ancient Rome, the Middle Ages, the General Civil code and finally deals with characteristic features of the current inheritance law in the Czech Republic. Succession applies in case that several conditions of subjective and objective character are met simultaneously. An inheritance is acquired upon the death of the deceased, in case when the deceased left some property and a person who shall gain the inheritance is an eligible heir, with the inheritance title, being either the law or the testament. Finally, the last condition, that the heir did not renounce the inheritance, shall be met. Abovementioned substantive conditions of succession are individually discussed in the thesis. The main attention is focused on substantive requirements and conditions of succession that are systematically analysed in subchapters. The final part of the thesis analyses the succession with a foreign element and Europeanization of legal regulation of the inheritance law....
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Termination of a residential lease
Roman, Štěpán ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This thesis is concerned with particular ways in which a lease of apartment can end according to new Civil Code no. 89/2012 col. and act no. 90/2012 col., new corporate law, and a comparison with previous legislation. At the outset the paper briefly introduces historical evolution and end of appartment rental institution from the Civil Code of 1811 to the present. The basic terms such as apartment and contract of lease are defined in the next part. The main text is concerned with the ways of ending a contract, predominantly the institution of eviction. The thesis also examines some related questions, such as handing off apartments or plurality of subjects either among tenants or among landlords. The paper concludes with evaluation of changes the new civic law brought about.
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Determination of parenthood
Pomplová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
- Determination of Parenthood The topic of my thesis is Determination of Parenthood. With this topic are connected problems not only legal, but often also social and ethical. Parenthood affects all of us and it's an important aspect of human life. That's why there should be legal assurance in relationship between parent and child. Development in the field of medicine is still ahead (mainly thanks to methods of assisted reproduction and DNA analysis) and the rules of law should respond and deal with it. The aim of this thesis is describe and become acquainted with problematics of determination of parenthood, valorize how legislation responds to modern development and to propose possible changes. Thesis is prepared on the basis of existing legislation on the date of submission of the thesis. Thesis is divided into seven main chapters, which are divided to further subsections. First chapter deals with concept of parenthood and methods of determination. Second chapter describes historical development of legislation on Czech territory, since Roman law to recodification of civil law. Related third chapter concisely summarizes national and international legal sources of current legislation. Chapter four is about determination of maternity and problems of surrogacy, anonymous childbirth, concealed birth...
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Law regulating property of spouses
Němečková, Adéla ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012). The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil Code for the division of property used after certain...
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Homosexuality and parenthood
Brojáč, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis analyzes Czech legislation regulating relationships of same-sex couples and their options regarding family founding provided by Czech legal regulation. The aim of the thesis is to analyze and evaluate current Czech legislation and put it into international context. To attain this aim, this thesis uses three different approaches. Firstly it provides conclusions of conterporary social sciences in the field of parenthood of same-sex couples and impacts of homosexual parenting onto various areas of psychological and social adjustment od children. Secondly, the comparative study of czech legislation and legislations of Norway, United Kingdom, Germany and Slovakia is included. Thirdly, relevant cases decided by European Court of Human Rights are analyzed. Upon the findings provided by these analysis, the thesis evaluate suitability of czech legal regulation and propose possible future development in this area.
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