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Invalidity of Legal Acts in the Czech Law in Comparison with Law of Germany
Dosoudilová, Petra ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic "Invalidity of Legal Acts in the Czech Law in Comparison with the Law of Germany" has been chosen because of its importance in the system of the Czech Civil Law. Invalidity of legal acts concerns every subject and object of legal relationships. Nowadays this topic is also very actual due to the recodification of Civil Law which brings fundamental changes. Comparison with German legislation is very contributive thanks to its consistency during 20th century that is in contrast with inconsistency of Czech legislation caused by political changes (especially by 40 years of communism in the territory of the Czech Republic). The thesis is divided into six chapters and each chapter contains three parts. The first part deals with the old regulation under the Act No. 40/1964 Coll., the second one the new regulation under the Act. No. 89/2012 Coll. and finally the third one discusses the German regulation under the German Civil Code. The first two chapters are designed to provide an overview of mainly theoretical resources. The first chapter concerns with legal acts as the most important legal facts and their concepts. Requirements of legal acts, terminological and conceptual changes under New Civil Code and furthermore concept under the German law are described here. The second chapter deals with...
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The concept of community property
Boltnar, Jan ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Rozehnal, Aleš (referee)
This submitted PhD thesis deals with a legal regulation of the community property in the light of current case-law. The thesis is composed except of the introduction and the conclusion of seven coherent chapters, the chapters dwell on the creation, subject and management of marital assets, and the modification, termination and settlement thereof are the core parts of the thesis. Furthermore, the emphasis is placed on those issues of proprietary relationships between spouses that may be encountered in the practice of law. In conclusion, the treatment of marital assets de lege ferenda is discussed in view of the new Civil Code. The PhD thesis was developed using legislation as at 1 September 2012, publications,articles published in professional journals and court decisions.
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Determination of paternity
Vykydalová, Alice ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The thesis deals with parentage determination. At present, this issue is becoming more and more topical due to current diversion from traditional values, the traditional model of family in particular. The thesis concerns not only with the determination of paternity, but also with maternity determination, which is mentioned with regard to assisted reproduction and surrogacy. Emphasis is placed on both, current legislation and the new Civil Code coming into effect on 1 January 2014. The thesis is divided into eight chapters. The introduction discusses possible views on the concept of parenthood. Furthermore, it introduces the issue of parentage determination, especially in connection with the increasing number of children born outside marriage. The following chapter is devoted to legislative regulation of parentage determination itself. Firstly, it elaborates the history of such regulations with focus on Roman law and the Austrian Civil Code. Subsequently, it describes the current legislation and briefly comments on the new Civil Code, which is further discussed in the corresponding chapters. The third chapter examines the determination of maternity. Included are the issues of assisted reproduction and surrogacy, as well as anonymous and concealed births, which have become an important topic rather recently....
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Legal aspects of abortion, sterilization and assisted reproduction
Melčová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Název diplomové práce v anglickém jazyce: Legal aspects of abortion, sterilization and assisted reproduction Summary: The thesis deals with the three topics from the field of medical law, particularly abortion, sterilization and assisted reproduction. The issue of giving birth is the key here. The new Special Medical Services Act regulating, inter alia, some aspects of sterilization and assisted reproduction came into effect in April 2012. The previous regulation of these matters was outdated and some legal issues were not tackled at all. The first part of the thesis focuses on legal regulation of abortion, which is contained in the act from 1986 and in the implementing legislation. Especially the conditions of intervention itself, payments and intervention on juveniles (under 18) and foreigners in the Czech Republic are tackled. The regulation of other countries is mentioned and compared as well. The second part of the thesis deals with the legal regulation of sterilization, conditions of sterilization and contraindication as well. The specific problem of illegal sterilizations of gypsy women in the second half of the twentieth century is pointed out. These disputes were present even before the European Court for Human Rights in Strasbourg. The methods of assisted reproduction, as a modern way of resolving...
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Liability and Damages in Football - player, spectator, organizer
Šidliák, Jiří ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
- Liability and damages in football Sport is nowadays considered an activity that contributes significantly to cultivation of human potential, namely its both physical and mental part. Together with a lot of undisputed positives it also brings certain inconveniences. The main and the most common of them is the fact that doing a sport can often lead to an annoying injury. And this is the exact moment to ask delicate questions: What about liability? Where are its limits? Who compensates the victim for the damage? At the same time it is important to realize that legal liability in sport is not limited only to the sportsmen themselves. There are many cases in which founders of sports facilities, sports events organizers, their spectators, referees or officers were found liable. Since football is unambiguously the world's most mass-run sport, I have decided to focus solely on this sport branch in my thesis. I offer the view of this on one hand interesting, on the other hand very complicated issue from the player's, spectator's and organizer's point of view. Although there are many cases in the Czech and especially foreign judicature in which courts dealt with the matter of liability for damage incurred of not only sportsmen, but also spectators and organizers, there cannot be set any general procedure...
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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.
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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.
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Determination of Parenthood
Šilarová, Věra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...
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Protection of Personality Rights in Relation to Media
Havel, Marian ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of the master thesis Protection of Personality Rights in Relation to Media is the conflict between two constitutional rights - protection of personality and freedom of speech. Both of these rights are stated in the Constitutional Act No. 2/1993 thus they have an equal level of legal protection. However, conflicts can arise between the two. The thesis evaluates and analyses these two crucial rights and their conflicts. This thesis is divided into four main chapters, which are the following: Protection of personality, Freedom of speech as a main principle of media law, Protection of personality versus freedom of speech in the practice of the Constitutional Court, and Media development and its influence on the protection of personality. The first and the second part of the thesis analyse protection of personality and freedom of speech. The aim of the first two chapters is to present the sources of these rights, to define basic concepts, meanings and limits of these rights and to describe their possible restrictions. The third part of the thesis discusses general principles according to which possible conflict between the two rights should be solved. It also examines selected Czech court cases. Finally, the fourth chapter outlines media development since the 1970s with special emphasis on the...
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Disposition with real property in comparison with czech and finnish legal regulation
Kolban, Petr ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
7 Abstract Disposition with real estate falls within the scope of present diploma thesis. The main goal of the thesis is the comparison of two legal orders which are, in many ways, similar; nevertheless, there might be found some differences which are described in textual matter. The thesis itself is divided into six chapters redundant, reflects a reform of Czech private law in progress and compares Czech doctrine with relevant case law. It is focused mainly on real estate disposition from the point of view of private law (however, some aspects of public law had to be taken into account) and lays emphasis on legal terms such as "thing", "immovable", "property", "ownership", "disposition" in their broader meaning, and "purchase agreement" (and other topics related to them). The introduction contains the outline of the structure, main goals of the thesis and a definition of the term "disposition". Disposition is perceived, as mentioned above, in largo sensu meaning and includes not only the right to make a legal act concerning the thing but also the owner's rights to use, posses, gain benefits and destroy the thing. Chapter two deals with the historical development of Finnish land law. General legal history is also taken into consideration. The following chapter discusses various kinds of things which may be...
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