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The bodies of association in the Czech law
Zechovský, Jakub ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Since 1st January 2014, association law has been entirely governed by Act No. 89/2012 Coll., Civil Code. It is the first time in history that certain bodies of associations are regulated by law in the Czech legal system. The aim of this theses called "The bodies of association in the Czech law" is to provide critical theoretical analysis of contemporary Czech law regarding the bodies of association. The thesis also focuses on potential practical problems which may arise, including, for example, register of association. The work is divided into eight chapters. The first is dedicated to theoretical approaches of legal persons and provides an answer to the question which theoretical approach influenced Czech lawmakers most. Second chapter deals with the concept of freedom of association and autonomy of associations. This serves to put the main topic into broader constructional context. Third chapter contains brief history of association and analyses conceptual elements of association as well as its establishment. Starting with the fourth chapter, each following chapter is dedicated to particular bodies of association. First of all, the definition of body of association and division between mandatory and optional bodies of associated are provided (the fourth chapter). Then the fifth chapter describes...
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Residential co-ownership
Tlapák, Jan ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
Residential co-ownership The thesis deals with the legal regulation of residential co-ownership, contained in the Act no. 89/2012 Sb., Civil Code, while the emphasis is primarily on the description a comparison of the changes and innovations in the new legislation of residential co-ownership, using the comparative method with the regulations contained in the Act no. 72/1994 Sb., ownership of flats. Due to the breadth of this topic, this thesis neither contains a discussion about a contract for the construction nor about an association of unit owners except as regards the formation and the incorporation of association of unit owners according to § 1166 et seq. of the Act no. 89/2012 Sb., Civil Code. The thesis is divided into eleven chapters, including the introduction and the conclusion. After the introduction, the following chapter deals with the historical development of flat ownership legislation, beginning with the description of ancient times until the date, when work on the later adopted Act no. 89/2012 Sb., Civil Code, began. The third chapter is devoted to the theoretical concepts on which the regulations of residential co-ownership are ideologically based in individual European countries. Next, the fourth chapter is about the development and the current content of the legal principle...
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A contract for carriage of person
Čapek, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
IN ENGLISH This rigorous thesis is dedicated to the passenger transport contract according to the Civil Code. At the beginning of thesis is dedicated the history of transport and transport contracts. Historical development of the contract influenced the legal rules of road and railway transport issued many years later. In the thesis are defined relevant sources of law. European legislation is very important for regulations this field. Public-law sources play a major role in the legal regulation of passenger transport contract. The passenger transport contract is, in most cases, a consumer contract, based upon the assumption taken over from EU law that protecting the passenger - i.e. consumer - is one of the key goals of legal regulation in this field. The thesis contains detailed analysis of basic terms related to passenger transport contract. Significant part of thesis part focuses on rights and duties of the contractual parties. These two basic entities are not, in fact, on an equal footing. It is the carrier, who generally acts as the stronger party. One of the purposes of the legislation is to protect the weaker party - i.e. the passenger. The thesis is dedicated to the responsibility of contracting parties. If a party to a legal relationship fails to meet their obligations, corresponding...
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Superficiary right of building
Schattke, Alena ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis explores options for placing building on another owner's land. It aims to identify the individual rights that enable it and provides a cross comparison of them. However, the key focus lies on the institute called right of building that was re- introduced into Czech private law as of January 1, 2014. The first section discusses legal options to locate a building on the land of another owner in general terms. It also defines key terms immediately related to the right of building. The core of the thesis focuses on the institute of the right of building as an option for construction building on the land of another owner. The historical development of the right of building in the Czech Republic and its historical predecessors is also discussed and compared with the institute of the right of building in Austria. In the final section, the right of building is compared to other options allowing for construction building on another owner's land. The thesis is divided into fourteen sections. The key portion, comprising Sections 2 through 10, discusses the institute of the right of building and contains an analysis and evaluation of the corresponding individual articles in the Civil Code. Although the legal framework governing the right of building is incomplete or ambiguous in many cases, the...
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Foster care
Suchoňová, Veronika ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The doctoral thesis is dealing with issue of alternative child care in the Czech Republic, with detailed focus on foster care. Foster care, together with adoption, is playing the key role in placing children into the alternative families. The content itself of this thesis is being created in the breakthrough period, when the new law no. 89/2012 Sb, The Civil Code and amendment to law no. 359/1999 Sb., On social and legal protection of children, entered into force and largely changed the current legal view of the mentioned issue. Foster care presents the country phenomenon which increases more and more in its importance. Inadequate space for placing child population into children's homes or other facilities, require constant creation and improvement of conditions not only for the children themselves, but also for the future foster parents. The thesis is therefore intended for future foster parents and should point out the benefits, but also large time, psychical and economical seriousness necessary for proper exercise of foster care.
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Modification of marital property - comparative study
Hřebenová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 Summary The legal institute of marriage and connected property relations between the spouses are more than other areas of law influenced by social changes and atmosphere in the society which determine further development and direction of this area of law significant for life. The matter of marital property relations is currently complicated for legal laymen, not only because the public has not got sufficient legal awareness regarding the variety, advantages and disadvantages of individual contractual modifications of marital property relations, which are therefore used very rarely, but often we can also see that the spouses don't even know what is the subject matter of the basic and subsidiary legal marital regime, e.g. community property of spouses, which can have consequently a significant impact on their lives. The aim of the submitted rigorous thesis was to evaluate, whether the current legal regulation of modifications of marital property can stand in comparison with the Spanish legal regulation contained in Código Civil as a codex with long-standing tradition and where could be eventually found inspiration for considerations de lege ferenda. The submitted thesis consists of seven chapters which are for better clarity further systematically dived into subchapters. The introductory chapter is...
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Compensation of damage caused by maladministration
Danielová, Zdeňka ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
English abstract This thesis covers the topic of compensation for damage (non-pecuniary damage) caused in the exercise of public authority by an irregularity in the conduct of proceedings, evaluating substantive rules contained in the Act No. 82/1998 Coll. as well as specific features of procedure concerning damage compensation with regard to jurisprudence of the Supreme Court of the Czech Republic, the Constitutional Court of the Czech Republic, and the European Court of Human Rights. This thesis is divided into eight parts. Following the explanation of basic terms such as liability, damage, and liability for damage caused in the exercise of public authority by an irregularity in a decision or the conduct of proceedings, the thesis goes on to describe the legal sources regarding the compensation for damage caused in the exercise of public authority by an irregularity in the conduct of proceedings. Further, the liability for damage caused in the exercise of public authority by an irregularity in the conduct of proceedings and the claim for compensation for damage is analysed. The main part of this thesis is devoted to the manner and extent of compensation for pecuniary and non-pecuniary damage. Next, the right to recourse and the limitation period applicable to compensation for damage (non-pecuniary damage)...
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Easements
Hensel, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to try to provide an analysis of the legislation of easements contained in the Civil Code, to take into account the case law related to the General Civil Code as well as the recent court decisions and express controversy over some aspects that the new legislation offers. The thesis is divided into four chapters, the first chapter is devoted to a brief definition of easements and the kinds of easements. The second chapter analyzes the historical development of the easements. In the first part of the chapter the Roman law, which was the first to regulate the easements, is discussed. Furthermore, the chapter deals with the development of the easements during the Middle Ages, when the easements were joined by the institute of real burdens. The third part of the chapter discusses the legislation of easements in the General Civil Code, which is an inspiration for the current legislation; the relevant case law is not omitted. Finally, the chapter contains a section dealing with the legislation of easements in the so called Middle Civil Code from 1950 and the legislation in the Civil Code from 1964. The third chapter, which forms the main part of the thesis, is devoted to a detailed analysis of the current legislation of easements contained in the Civil Code. The chapter is...
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Protection of personality rights
Strejcová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The objective of this thesis is to provide an overview of general part of the protection of personality in the Czech legal system, as well as a detailed analysis of selected aspects of personal rights. The thesis focuses on protection provided by the Act Nr. 89/2012 Sb., Civil Code, and the European Convention on Human Rights. Initial chapters of the general part of the thesis deal with brief introduction to the historical background of personality rights in the Czech legal environment, as well as with the definition of personality and personality rights as such, together with a demonstrative list of values protected by the general right of personality. The subsequent chapter provides an overview of Czech and international sources of law concerning personality protection. Chapter four deals with lawful and unlawful interferences with personality rights. The final chapter of the general part outlines legal means of protection of personal rights available according to the Czech law. The special part of the thesis is dedicated to a deeper analysis of three aspects of protection of personal rights. Chapter six deals with one of the most important personal rights, the right to privacy. This chapter aims to introduce the broad concept of privacy, including case law of the European Court of Human Rights...
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Matrimonial property regimes in Italian and Czech law
Ferencová, Eliška ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Matrimonial property regimes in Italian and Czech law Resumé This master thesis deals with matrimonial property regimes under the Italian Civil Code and the Czech Civil Code. This issue is significant not only from the perspective of spouses and their families, but also important for everybody who makes contract with a spouse. The purpose of this thesis is to analyse and compare Italian and Czech provisions related to marital property regimes and to point out similarities and differences between them. This thesis consists of an introduction, three parts that are further divided into chapters and a conclusion. The first part is an analysis of Italian provisions. It deals with the fundamental principles of the Italian legal system and matrimonial property regimes as codified in the Codice civile. First of all, it examines statutory community of property, marital assets (marital property, deferred community of property and liabilities), personal property and also deals with mandatory rules of the management of marital assets. Then it deals with contractual regimes, namely the separation of property, the property fund and other marital and prenuptial agreements. Subsequently, it examines the termination of community of property and the division of marital assets. The second part concerns the Czech provisions...
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