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The custody of underage children and the right to be in contact with them
Váňová, Lucie ; Hendrychová, Michaela (referee) ; Salač, Josef (referee)
This Master's degree thesis addresses the issue of "The custody of underage children and the right to be in contact with them." The main attention is paid to the Czech legal instruments concerning the protection of underage children whose parents are getting divorced or do not live together. The thesis deals with the historical Czech legal development as well as the relevant legislation in force, different types of post-divorce care of children, their contact with both parents and other family members. A special emphasis is placed on the established practice of courts as well as relevant key judgments of the Czech Supreme Court and the Czech Constitutional Court. In comparison to the Czech legislation is described also the Slovak divorce regulation. Furthermore, relevant alterations introduced by the new Civil Code coming into effect on 1 January 2014 are considered. Due to the personal and emotional nature of family law relationships, the thesis discusses also the psychological impact of divorce on children and their parent's behavior. These are important especially for judges, social workers, mediators and family law lawyers. The thesis is composed of the following eight chapters: Introduction; Dissolution of Marriage; Award of Custody of Children; Contact with Children; Slovak legal regulation of...
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Criminal liability of a doctor for withdrawal and withholding of a medical treatment
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sváček, Jan (referee) ; Salač, Josef (referee)
The making of an end of life decision represents worldwide one of the most difficult issues that physicians can be confronted with - not only should it be regarded as consisting of medical and legal aspects, but ethics and moral values are present as well. Furthermore, it shall not be supposed that the economic parameter is negligible, unfortunately even to the contrary. The fact that the decision is often made by physicians under pressure caused by a system of limited resources (and therefore it can not avoid being distorted ) must be kept in mind. At any rate , according to Czech law under which neither assisted suicide nor life termination on the request is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment. These also shall be pleaded as defences in eventual criminal proceedings.
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The legal reasons of termination of residental lease - current and future legislation
Práglová, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The legal reasons of termination of residental lease - current and future legislation The thesis is composed of five separate chapters and a comparison table as an annex. The paper analyzes the different reasons for the termination of a lease of flat according to currently active legislation and the legislation that comes into force on January 1, 2014. The author chose this topic because the issue of housing and residential lease affects all of us and it is thus important to recognize the exact content of individual reasons for termination. Given that a radical change awaits us in this field, the author decided to compare and evaluate the future legislation. The first chapter outlines a historical development of the reasons for termination in our modern democratic history. Primarily, it focuses on the changes that have been brought upon the termination reasons by the Act No. 107/2006 Coll. and 132/2011 Coll. To maintain a better consistency of the paper, the second chapter examines the basic terminology and assess where and how they are regulated today and how they will be in a few months time. In particular, the author provides the definitions of a flat, lease contract, parties to the lease contract, and describes various options of termination of the lease of flat. Similarly, the author deals...
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Security instruments in private law
Poláčková, Saskia ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Rozehnal, Aleš (referee)
POLÁČKOVÁ, Saskia: Security instruments in private law. [PhD. thesis] / Saskia Poláčková - Charles University in Prague. Faculty of Law; Deparment of civil law. - Supervisor: doc. JUDr. Mgr. Josef Salač, PhD.. Praha: PF UK, 2012. This thesis shows results of an investigation into security instruments recognized by private law of Czech republic and of Slovak republic, specifically focusing on substantive civil law as a representation of general private law. The hypothesis under investigation is that a number of existing security instruments could be fully replaced by a single security instrument, namely the lien. In order to confirm or reject the hypothesis, common characteristics - principle of subsidiarity, principle of accessority, purpose to provide security, purpose to ensure repayment - as well as specific characteristics of individual instruments are compared. The thesis is divided into chapters, sections and subsections, and supplemented by the abstract, introduction, summary and bibliography. Chapter One deals with security instruments in private law, mainly in the areas of substantive civil law, commercial law and labour law as codified in Czech republic and Slovak republic. In this chapter, individual security instruments are categorized into several groups based on their respective...
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Law of Lien
Hermann, Jiří ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Rozehnal, Aleš (referee)
Disseration thesis - Law of Lien Mgr. Jiří Hermann Law of Lien is basic form of security interest which importance is proved by long term tradition. During time the Law of Lien was modified which reflected economic development which result to the current modern state. Even if legal regulations of Lien are different with respect to the concrete developmentu in each state, its basic principles, functions and its meritum are same for the centuries. Importance of the Law of Lien as security interest is emphasized namely by high level of security which is given to the Lien Creditor. Because of this reason is Lien one form the most used legal security interests in worldwide respect. The Objective of Thesis is to summarize the very wide and complicated regulation of Lien and suggest de lege ferenda new regulation which makes the institutes more clear and increase the security of the Creditor. The theme of thesis is very wide. In respect to volume of relevant institutes is conception of the thesis as complex view on Lien as the security instrument. The Thesis shall explain with principles of Lien and raise the problematic topic. In several cases is regulation of Lien unclear which cause the application troubles. The thesis is pointing out such topics and suggests possible solution, which is in accordance...
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Personally legal means to ensure claims in civil law
Ďurišová, Eva ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
Theme of my rigorous thesis is personally legal means to ensure claims in civil law. This thesis contains information about different types of security institutes under the Civil Code, which can be used by subjekts of civil relations to ensure their contractual relationship. In the fifth part of Civil Code governing obligations, we can meet with seven types of security legal claims. Base on that I arranged my thesis on eight chapters, which each of them devoted security claims individually. Because I focused on personal security legal claims, we don't find neither the pledge rights nor pledge contract. The reason why my thesis don't mention institute of fund, is that in the interpretation of law it is not consider to be an individual security claim. The first chapter is dedicated to assurance at the municipal level, familiarizing with its rules, types and functions. The second to seventh chapter already discussed the different types of security means that are a contractual penalty, liability, an agreement on wage deductions and other income, security transfer rights, security transfer of the claim and at least, an acknowledgment of debt.
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The protection of the personal rights; a relationship of the present case law to the new Civil Code
Rossmann, Viktor ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
On 1 January 2014 will come into effect the new Civil Code. In it are a new way of extending the rights and obligations relating to personality rights of man. It expanded the number of protected rights and a change instruments for their protection. According to this fact, a change of case law in this area is neccesary as well. It will continue to be able to be applied to the case-law relating to personal rights, their position in the legal system and their significance, however, is to suppress the importance of case law, which concerns claims arising from violations of personal rights. The new issue is resolved lapse of claims arising from violations of personal rights. Along with the effect of the new Civil Code is also planned to amend the relevant procedural rules. For deciding on the moral rights and any claim arising from them are newly in the first instance of the County Courts.
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The Protection of Personality Rights of Minors in Cyberspace
Křížová, Veronika ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
The purpose of this paper is to provide an introduction to the problems of the protection of personality rights in cyberspace. The subject of this study is a segment of minor users of Information and Communications Technology (ICT) services. This paper provides a summary of youth users' activity in cyberspace and an analysis of potential threats to their personality rights that use of such services represent. Furthermore this paper provides a comparative analysis of the legal regulation of personality rights in the context of cyberspace and new technologies in the Czech Republic, EU, and The United States. This thesis is also exploring the expected changes stemming from current legislative development. This paper contains case studies that aim to explain the case law and to shift the focus on the aftermath of some of the gravest invasions of privacy of minors while in cyberspace. This study argues that importance should be given to the protection of personality rights through civil law measures and to the interdisciplinary cooperation on the legislative process. This paper provides a list of possible alternatives which might give better legal guarantees, not only to minors using of Web 2.0 and new technologies but to all users.
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Constitution of marriage
Velová, Monika ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
As it is evident from the title of this work, I will focus on formation of marriage, not only the civil one, but also a church wedding and some not ordinary ways of marriage contracting. The work addresses itself not only to effective domestic legal regulations (the family act n. 94/1963 Coll.,), but also to legal regulations taken in Act No. 89/2012 Coll., the Civil Code (the new Civil Code, herafter "NOZ" or "new Civil Code"). Using the comparative method, this work also discusses fundamental similarities and differences between the legislation of the Czech Republic and the Federal Republic of Germany, from which legal regulations were drawn on the creation of the new Civil Code. This work is divided into 8 basic parts. The first part is focused on illustration of a term of marriage and its purpose. The second part deals with the basic legal obligations of engaged couples before marriage, moreover an earlier conception Institute of engagement is not forgotten. The third part deals with the circumstances under which it is not possible to get married. In connection with the legal obstacles to marriage under the civil law, it is also given a brief explanation of reasons for which it is not possible to contract a church wedding. This part also devotes itself to procedural aspects related to infant's...
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The operator of liability for damage arising from the use of motor vehicles in the current and future legislation of the Civil Code.
Pilátová, Veronika ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This paper deals with the operators responsibility for damage caused by a motor vehicle in the current Civil Code and the new Civil Code, which will be effective from 1. 1. 2014. According to the always-study of the topic immediately point out the specific changes that occur due to the new regulation. The first chapter deals with the importance of explaining the issue of damages in a social context. Furthermore, I point out its functions. The second chapter deals with the definition of basic concepts related to this problem. Define who or what is motor vehicle damage and operator. Interpret different kinds of operators of vehicles, when their resolution is critical consequences for the operator is obliged to pay damages. The third chapter explains the general provisions on liability for damage. It also deals with the inclusion of liability in the Code civil law. The fourth chapter deals with a thorough explanation then specific responsibility for damage caused by vehicles. Interprets the scope of this responsibility, the possibilities of the operator himself from the obligation to pay compensation and liability insurance for damage caused by the operation of motor vehicles. The fifth chapter is intended to familiarize the reader with the possibilities of compensation methods, the content of...
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