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Modifications of community property
Blažek, Matouš ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This diploma thesis deals with community property ("CP"). CP is one of the institutional property regimes. CP is known from the times of Roman Empire and made significant progress until nowadays. In Europe, CP differs from country to country. In the Czech Republic, CP is created by law at the time spouses enter into marriage. CP can be modificated before entering into a marriage as well as after. CP can be modificated by spouses or by court. CP can also be avoided. Modification of CP has its effects; if existed, it must be adjusted, and has also significant effects on spouses' creditors. CP's legal base is very brief and lets wide scope of answers unanswered. For example, Civil Code nr. 89/2012 as well as Civil Code nr. 40/1964 does not specify the age when engaged couple can make a prenuptial agreement or uses indefinite legal terms (spouses' typical house equipment, etc.) The thesis is composed of 10 chapters and describes the legal basis for modification of CP, and the effects of modification of CP. The goal of my work is to describe the subject of CP, how CP works in practice, and describe how to modificate a CP. Chapter one (Historical excursion) leads us through history of this legal institute, starting in Roman Empire and ending with new Civil Code (nr. 89/2012). Chapter two (CP in Europe) is a...
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The divorce and its civil-law consequences
Frček, Mojmír ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Radvanová, Senta (referee)
My dissertation thesis is concerned with the theme of divorce and its civil-law consequences. It would be difficult to find any other legal concept in the real life that has undergone so many changes as divorce and the associated civil-law consequences. While compiling this thesis I strived to become acquainted primarily with any available theoretical sources, such as commentary literature, specialised books, legal textbooks and, last but not least, also specialised magazines, both printed, such as Právní rozhledy, Soudní rozhledy, Rodinné právo, Právo a rodina and Právní rádce, including magazines published by relevant professional chambers - Bulletin advokacie (Czech Bar Association), Ad Notam (Notary Chamber of the Czech Republic) and Komorní listy (Chamber of Distrainers of the Czech Republic), and the electronic ones, such as epravo.cz or eLAW.cz. Where relevant legal opinions on a particular matter varied, I recorded this plurality of opinions and, at the same time, I formulated my own stance. As the topic of my thesis consisted in studying applicable law, I heavily stressed that account should be taken of any decisions of general courts as well as of the Constitutional Court. Where the court case-law had been developing over the years and either inconsistent or even contradictory legal...
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Historical development of legislation dealing with creation and extinguishment of residential lease and protection of residential tenants in the territory of the Czech Republic
Trávníková, Blanka ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
This thesis is devoted to the description of modifications and termination of tenancy in the Czech Republic so that this presents for each time period, the development of civil rights in this country. The thesis begins with the adjustment after the Czechoslovak Republic, the Austrian Civil Code No. 964/1811 Coll., as described here by special treatment of the tenancy if enacted laws to protect tenants. Then goes on to describe the thesis of Act No. 141/1950 Coll. Civil Code and special laws on the treatment management of flats No. 138/1948 Coll. and 67/1956 Coll., which deals with treatment of extensive state intervention in the form of decisions of local governments of the creation and termination of lease to occupy the flat. Followed by a period in the original wording of the Act No. 40/1964 Coll. Civil Code and Tenancy be replaced right to use the apartment became the role of local governments of the origin and termination of the relationship. Act No. 509/1991, 267/1994, 107/2006 and 132/2011 Coll. then after the fall of the communist regime in the country as well as the legal relationship of tenancy, which returns the original terminology, deleted interventions local national committees and strengthens the position of the landlord. The new Civil Code No. 89/2012 Coll. the finish of that will...
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The apartment ownership and apartment owner's association according to the present and newly proposed legislation
Džuganová, Jana ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The thesis is concerned with the institute of the flat ownership and legal regulation of apartment owner's association. With respect to the extent of aforesaid theme the thesis describes only selected problems, for example the concept and the content of the flat ownership, the concept of the residential unit, the co-ownership of common parts of the residential building, the character of apartment owner's association, its legal personality, membership in apartment owner's association and its organizational structure. The thesis was prepared before the effectiveness of the Civil Code No. 89/2012. That is the reason why the thesis is focused on legislation effective before the effectiveness of the new Civil Code. The thesis is at the same time focused on the new Civil Code content. The objective of the thesis is among others to refer to defects of legal regulation of the flat ownership and apartment owner's association contained in the code No. 72/1994, the Flat Ownership Code. Afterwards the thesis describes how are the objective matters regulated by the new Civil Code. Another aim of the thesis is to find out how and in which way does the new legislation resolve the defects of the previous legislation.
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The issue of causation in personal injury claims
Troup, Matyáš ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The purpose of this thesis is to analyse the issue of causation in personal injury claims. The reason for my research is the fact that there have been an increasing numbers of cases where injured persons asked for some kind of compensation in the past years. The problem of causation is the most crucial and sensitive in such conflict. This thesis consists four chapters, each of them dealing with different aspects of causation in compensation for personal injury claims. Chapter one introduces the problem of damages for personal injury and other basic areas of compensation. Chapter two concentrates on the causation from the theoretical point of view. This chapter deals with some definitions of causation, explains its understanding abroad, presents theories that help us to prove, whether or not causation and causal relation exist, and it looks at special types of causation and describes when causal chain is broken. Chapter three is dedicated to questions of proving the causation. There are explained questions about lege artis procedure, the loss of chance concept and the no fault compensation system. Chapter four describes how causation is adjusted in the new Civil Code and in suggestions of European tort law codes. The main aim of the thesis is to describe the problem of causation from different...
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Legal risks of services provided by real estate agencies to the consumers
Krpec, Petr ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This thesis deals with legal relations existing between real estate agencies and its clients. Main objective of thesis lies on analyzing of possible legal risks based on using agent services of real estate agencies. Such risks are not only described but thesis tries to find out its sources and practical impacts. Author works with large amount of particular examples of agreement which are actually used in practise.
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Sales agreement according to the Civil Code
Solil, Jiří ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
This thesis describes the purchase contract under the Civil Code. Attention is paid to the legal regime of purchase contracts, the emergence of the purchase agreement, substantial content- conditions of the contract are by agreement in the purchase contract and the rights and obligations of the parties. The work also deals with the issue of acquisition of ownership rights under a contract and the seller's liability for defects in the object of purchase.
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Association of unit owners
Bukovská, Kristýna ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The aim of the Rigorosum thesis is to present integrated interpretation of an institute of association of unit owners in current legislation included in the Flat Ownership Act and concurrently to refer to main differences resulting from the new Civil Code. Individual chapters deals with detailed analysis of the following issues concerning associations of unit owners in terms of current and also new legislation: foundation of association of unit owners, constitution of association of unit owners, legal personality of association of unit owners and its function, representatives of association of unit owners, rights and duties of unit owners and dissolution of association of unit owners. It is referred to related interpretation issues and their possible solutions within the framework of the analysis. The chapter eight concerns with the main issues of current regulation, contribution of new regulation and it also recognizes possible future problems in connection with the new regulation. The summary of the main findings of the thesis and the evaluation of benefits of new regulation are discussed in the conclusions.
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Monetary satisfaction as a legal means of the protection of personal rights in civil law
Bareš, Lumír ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This Master's Thesis is focused on the personality rights protection through monetary satisfaction, its legal basis and place among other instruments within civil law. It describes how personality rights protection works and what instruments civil code offers to protect these rights with closer attention to the institute of the monetary satisfaction. Main objective of this thesis is to provide comprehensive look on the monetary satisfaction of the immaterial loss relating personality rights. Personality rights protection is a fundamental right, which is executed throughout legal environments of every democratic country. Czech Civil Code regulates personality rights protection in sections 11 to 16 and it grants four different types of the protection - the right of retention, the right to restitution and the right to adequate satisfaction that can take both moral and monetary form. The monetary satisfaction is expressly regulated in section 13 paragraph 2 and it can be used only in cases when moral satisfaction is insufficient or the interference is so intense, it seriously affects person's dignity or honor. The expression of monetary satisfaction is pretty self-explanatory, but not only that it remedies the party that suffered, it should also prevent offenders from repeating their unlawful...
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