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Ownership of flat, comparison of Czech and Italian legislation
Miškovská, Lucie ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis is the comparison of Czech and Italian legislation of the ownership of the flats or apartments. The thesis is composed of ten chapters. In all chapters, except the introductive, first the Italian approach is analyzed and subsequently is compared with the Czech approach. Chapter one contains brief introduction. Chapter two is dedicated to the basic terms of Italian legislation which are necessary for understanding of comparative part of the thesis. Chapter three describes the evolution of rules regulating the ownership of the apartments, classifies the current legislation and focuses on the expectation of future development. Following chapter provides the commentary on the terms flat or apartment and housing unit. Regulation concerning the common parts of building is analyzed in chapter five. Chapter six is crucial because focuses on the comparison of SVJ - community of flat owners (as well as the aspects of the ownership of housing unit in Czech legal order) and condominio. The chapter dealing with special cases of administration of the building follows. Chapter eight relates to the bodies responsible for the administration of the building. In the next chapter the process of decision-making relating to the administration of the building is described. Chapter ten deals with rights...
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The issue of causal link in disputes over compensation of damage to health
Svobodová, Kamila ; Šustek, Petr (advisor) ; Salač, Josef (referee)
This thesis deals with the issue of causation in disputes relating to compensation of damage to health. The aim of this work is to give a comprehensive interpretation of this issue. The work presents possible approaches of proving a causality between illegal misconduct during treatment and the damage caused to a patient. In medico-legal disputes patient must carry the burden of proof. It also compares the European legislation in relation to the necessary degree of proof with the main focus on German legislation and institutes created by the case law of German courts. Furthermore it presents the interpretation of causality in terms of the Principles of European Tort Law. The work deals marginally with certain aspects of proceedings concerning compensation of damage to health and expert assessment.
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Creation, alteration and termination of easements
Beneš, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
A B S T R A C T The subject matter of this work is the creation, alteration and termination of easements. The work discusses the general as well as the theoretical issues of the creation, alteration and termination of easements and analytically particular types of the creation or termination of easements and also the consequences of plurality of rights arising out of easements. The doctoral thesis is based on effective legal provisions, i.e. on the Act No. 40/1964 Coll., as amended, on contemporary legal literature and courts' decisions and also on available historical legal literature, i.e. from the time of effectiveness of the General Civil Code. The work does not avoid criticism of published or judicial conclusions or providing its own conclusions and points of view.
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Marriage
Kolouchová, Martina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
1 Abstract Marriage The topic of my Master's degree thesis is Marriage. The reason for choosing this topic is that I believe marriage is everlasting and is still a very current legal institute that influence day-to-day live of individuals. The purpose of my thesis is to analyze and describe the entire existence of the legal institute of marriage from the beginning to the end. My research is mainly focused on entering into marriage, content of marriage itself, means of the termination of marriage and finally on associated legal consequences. The thesis is composed of five chapters. First chapter is the Introduction and last chapter is the Conclusion. The other three main chapters deal with different aspects of marriage. There are also the Content, the Index of Abbreviations, the Bibliography and the Annexes beside these five chapters. The first chapter following the Introduction describes historical development of legislation concerning marriage during the time. The chapter is divided into two parts. The first of them is devoted to matrimonial legislation in Ancient Rome. Second part documents its development on Czech territory. Chapter Three discusses the categorization of the Family law into the Civil law, mentions sources of marital law and compares Czech matrimonial legislation in force with the new one...
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Liability in Public Health Insurance System in the Czech Republic
Kops, Richard ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
MMGGRR.. RRIICCHHAARRDD KKOOPPSS OODDPPOOVVĚĚDDNNOOSSTT ZZAA ŠŠKKOODDUU VV SSYYSSTTÉÉMMUU VVEEŘŘEEJJNNÉÉHHOO ZZDDRRAAVVOOTTNNÍÍHHOO PPOOJJIIŠŠTTĚĚNNÍÍ VV ČČEESSKKÉÉ RREEPPUUBBLLIICCEE RRIIGGOORRÓÓZZNNÍÍ PPRRÁÁCCEE AAbbssttrraacctt iinn EEnngglliisshh The thesis is based on an explanation of the main legal principles of payment of medical services via public funds - public health insurance, and demonstrates various possibilities of application of liability. Responsibility springing from the Civil Code is compared with a special institute of compensation (reimbursement) of the costs paid for health services due to the unlawful action against the insured, in order to stress the subsidiarity of the Civil Code and to outline the practical difficulties of interpretation. Liability and the compensation mentioned above are being analyzed in general at first and more deeply afterwards, always tied to some of the benefits in kinds - allowances of the public health insurance system. Although the author collides and struggles with the imperfections of existing legislation or its interpretation, he tries to make comprehensive, clear and practical tool for reader to make its own opinion if faced with these issues in practice.
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Solidarity in legal obligations
Dočkal, Tomáš ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Summary. In this thesis there is treated legal institute solidary obligation relationship. It is one of that legal institutes which are not in the limelight of as many specialized works as they should be for their frequency of their use in practice. Although it could seem at first sight that the solidary obligation relationship is formed enough that there cannot arise any faintnesses there, but the opposite is true. There is not a one united theoretical view of solidary obligation relationship; the solidary obligation relationship can be understand as a one obligation relationship by the first view called theory of unity, but it can be understand as more obligation relationships which exist between creditor and every solidary debtors (in case of passive pluralism) or between debtor and every solidary creditor (in case of active pluralism) by the other view called theory of plurality. The most of specialized literature which take heed of solidary obligation relationship and which were written in recent time understand the solidary obligation relationship in accordance with the theory of plurality. This thesis in opposite to that specialized works understands solidary obligation relationship as a one obligation relationship in accordance with the theory of unity which is preffered in practice although it is...
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Notice of termination of apartment lease
Bauer, Petr ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
The subject of the Work is the notice of termination of apartment lease. The Work was submitted during the vacantia legis period (i.e. the period between the force and effect of the law) of Act. No. 89/2012 Coll., the "new Civil Code". With regard to the historical politico- legal development of the Czech Republic, the content of the Work may be simply divided into the "three generations of notices of termination of apartment lease". However, the main objective of the Work are the practical issues with notices of termination of apartment lease according to the existing regulation, i.e. Act No. 40/1964 Coll., and the regulation according to the new Civil Code. Since the new Civil Code is partially inspired by the regulation effective in the territory of the Czech Republic in the 19th and the first half of the 20th century, attention is paid (in relation to apartment lease notices) also to the regulation from the first half of the 20th century, which in the form of special acts regulated reasons for lease termination in relatively great detail. The first comprehensive regulation was drawn up in the period of the so called "First Republic" based on Act No. 83/1918 Coll, on Protection of Tenants. Evaluation of lease apartment termination notices may not be quite separated from other institutes of law...
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Representation upon a Power of Attorney
Krupová, Petra ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
The aim of this thesis is to clarify the legal regulations of the institute of the representation with an emphasis on the representation upon power of attorney (contract representation). Thanks to the extent of this work it is impossible to encompass the whole matter of the representation in a way that would be worthy of an analysis. In this thesis it is written about the historical roots of the legal regulations of the representation which are already enshrined in Roman law. The main part of the adjustment is de lege lata. The general adjustment of the representation has to be searched in the valid and effective Civil Code (The Law No. 40/1964). We can meet the partial legal regulations in other branches of the legal code too, for that reason other legal statutes related to the topic of this work are discussed. The thesis deals with the application problems in practice and numerous law cases of the law particularly of higher courts. The attention is also focused on two initiatives within the European Contract Law - the Principles of European Contract Law (PECL) and the Draft Common Frame of Reference (DCFR). Finally it is necessary to pay - now approved - the new Code of Civil Rights, which represents an extensive legislative work and as the complex is an important legislative step in the times of...
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Liability for Personal Injuries and Personal Injury Compensation
Tomis, Rostislav ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
This thesis tries to summarize the main and substantial principles of the general civil responsibility as well as principles of personal (material and immaterial) harm. In the first part of the thesis, a reader can find the basic principles of the responsibility (the relationship based by an unlawful behavior of the party at fault). Besides the Czech legislation (the Czech Civil Code), the thesis summarize also some important points from the French and Belgian law (definition of fault, harm/injury, illegality). The following part of the thesis concerns various claims of a person who has been injured on health, i. e. claims of the injured person stipulated by Sections 444 - 449 of the Civil Code. Particularly, the author analyses and explores the Regulation No. 440/2001 Coll. which stipulated amounts of pecuniary damages in case of the personal injury.
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