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Testament
Borková, Martina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
in English Death as a natural legal fact relates to every natural person. Law of succession, which is a component of general private law, affects life of every individual. The reason of this is the fact that the property relations that do not terminate by a death of an individual or do not succeed by a special succession are to be solved by a usage of this branch of law regulations. The purpose of my work is to put Heritage law into a system of law, shortly describe all conditions for acquiring inheritance, one of which is a succession title. I concentrate on a problematic of Testament, which is one of the succession titles, by comparing relevant regulations of a Civil code no 40/1964 Sb. (hereinafter referred to as: "CC") and a new Civil code (hereinafter referred to as: "NCC") no 89/2012 Sb., coming into effect on 1st January 2014. The thesis is composed of seven chapters. Chapter one contains a short introduction of the topic while Chapter two and three contain a short insight into the problematic of the Law of succession in general and the basic terminology like Inheritance (Succession) and Heritage. Chapter four focuses on Conditions of acquiring inheritance and it is subdivided into four parts, each of which describing one of such conditions - death of a person, existence of heritage,...
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A contract for carriage of goods
Čapek, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
v anglickém jazyce Contract for carriage of goods This thesis deals with the contract for carriage of goods. Its main objective is a legal analysis of this contract and demonstration of the wide scope of its use. Dynamic development of transport and the still growing volume of goods being transported showed us the need of good quality legal regulations. The largest part of the thesis deals with the czech legal regulations on the contract for carriage of goods; however the thesis considers also international regulations. The thesis consists of seven chapters. The first one shows historic development of transport as such, but namely development of legal regulations governing contracts of carriage. It also elaborates on the regulations immediately preceding to regulations contained in the new civil code. The second chapter is the introduction to the current issues of contracts of carriage. Besides that, this chapter contains the comparison with a forwarding contract, for which, the contract for carriage of goods is sometimes mistakenly taken. The broadest third chapter deals with the details of the czech legislation on the contract for carriage of goods contained in the civil code. It is divided into eight sub-chapters. It contains significant requirements for the contents of the contract. It closely...
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Contractual Acquisition of Real Estate Ownership
Riegerová, Adela ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Charter of Fundamental Rights and Basic Freedoms of the Czech Republic guarantees each person a right to own property. However, to protect this fundamental right, a secondary legislation must state which things can be refered to as property and which ways to create the ownership are legally relevant. Civil law of the nowaday Czech Republic has gone through a significant history. As to a part of the Austrian Empire, the later Austro-Hungarian Empire, the austrian legislation had been applied in the lands of former Kingdom of Bohemia and here it remained in force even after the fall of Austro-Hungarian Empire, when a new country, the Czechoslovakia, was formed. The regulation contained in the Allgemeines bürgerliches Gesetzbuch (ABGB), in other words the austrian Civil Code of 1811, was built mostly on Roman law basis. Such an influence can be exhibited e.g. on the provisions about things in legal sense and their divisions or about the ownership of things and means of its creation. In the lands of former Kingdom of Bohemia, the ABGB stayed in use until 1950, when it was succeeded by a new Civil Code. The Civil Code of 1950 was a result of only two year long process of recodification, that should create new rules for a new system based on the idea of socialism, leaving the Roman law principles behind....
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Classification and characterization of real rights - comparison Czech republic, France
Milotová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to compare legal regulations of real rights in Czech and French legal order. With respect to current situation, when starting the 1th january of 2014, the new civil code becomes effective, this thesis deals as well with the novelties in real rights' regulation established by the law nř89/2013 of Collection of Laws, civil code. This thesis consists of seven chapters. In the first chapter, I mention the aim of the thesis, its brief content and elaboration process. In the second to sixth chapter, the thesis deals in concrete with the real rights and its institutes. In each of these chapters, the Czech legal regulation according to the current civil code is mentioned first. Then, a discourse about French regulation follows. If both regulations are same, similar or slightly or absolutely different. Finally, a comparison with the new civil code is attached to practically all chapters. If it holds the current regulation or if it establishes new notions, institutes or conception or regime of the current institutes. And provided it brings novelties if it tends by them towards the French regulation or if it choses absolutely new solutions. The second chapter deals with real rights in general terms. With their conception and systematics. The thesis deals with the question how the...
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Roman law definitions, maxims, regulas and their reflection in recent law
Thöndel, Alexandr ; Skřejpek, Michal (advisor) ; Dvořák, Jan (referee) ; Židlická, Michaela (referee)
Dissertation The Roman Law definitions, maxims, regulas and their reflection to contemporary law This dissertation is focused on research of reflection of The Roman Law sentences and definitions to contemporary Czech law and also to new prepeared legislative regulation of the new Civil Code. The research of single maxims was not mostly carried out separeted, but rather in context of single basic legal institutes. In conformity of prevailing materia of Private Law in Roman Law and not only in his original sources, but also in traditional Roman Law literature; also in this context also the content of this dissertation is focused on the Private Law, especially on the Civil Law. Comprehensibly in the context of the Private Law regulation this dissertation also touches some parties of Public Law during the researching description the single legal institutes. The chapter X. is dedicated to the relationship of the Private Law and the Public Law. On the top of it there are the basic principles of the Criminal Substantive Law researched and commented on. The comparison of the Private Law system and the public Law system is based on probably existent disparity between in general unambiguous expressed definition of law by Iuventius Celsus on the one side and by the public well known of dualistic conception by...
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Divorce and its consequences on property - a comparison of Czech and German legal regulation
Šaurová, Veronika ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of the thesis is divorce and its consequences on property - comparison of Czech and German legal regulation. The thesis is divided into four basic chapters, in which there is described the history of divorce, then there is explained the term of divorce itself followed by definition of different matrimonial property regimes in the Czech republic and in Germany. In the end the thesis concerns settlement of property between spouses after the divorce. The thesis profits from both analytical and comparative methods of approach. Each chapter is divided into subchapters for better clarity and easier orientation. The subchapter consists of first explonation of Czech legal regulation, followed by German legal point of view and both of them are compared at the end of each section. The aim of this thesis is to explore similarities and differences between both legal regulations. First chapter deals with the history of divorce. The periods concerned are medieval times, the 18th and 19th Century and the whole 20th Century's development in the end. The second chapter is dedicated to the term divorce itself. First the termination of marriage in general is explained, then the thesis pays attention to a qualified breakdown as the only possible legal reason of divorce. At the end of this same chapter the...
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Problematical legal aspects of determination of parenthood
Vařeková, Adéla ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The Abstract The aim of my thesis is to find and describe the problematic aspects of the determination of parenthood. I chose four areas of the determination of parenthood, which can lead to various complications - assisted reproduction, surrogacy, secret childbirths and anonymous births. In the first chapter of the thesis I deal with the legal aspects of the determination of parenthood. I examine mandatory determination of maternity and various assumptions of paternity. With the development of relations in the society and of the reproductive medicine, there emerge possibilities doubting the traditional legal principles of the determination of parenthood. Mother is not always certain anymore and there are five presumptions of paternity in the Czech legal order nowadays, compared to the traditional three. The second chapter is devoted to the issue of assisted reproduction. Assisted reproduction is a modern and rapidly developing area of medicine that allows infertile couples to have their own child. It is a medical specialty that requires a broad legal framework to prevent its abuse. At the end of a successful medical procedure a new life is coming into existence and such area must be regulated. The third chapter, entitled Surrogacy, builds on the previous chapter. Surrogacy is often discussed area of...
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Tutorship (as type of guardianship)
Macháčková, Natálie ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Tutorship (as type of guardianship). The thesis deals with a guardianship, with the most important historical milestones in a guardianship evolution and with the guardianship legislation in the Czech Republic taking into account guardianship legislation in the Federal Republic of Germany. Through the guardianship is provided alternative legal protection of legally incompetent minor lacking necessary legal protection. The aim of the guardianship is ensuring an appropriate alternative legal protection of ward's legal matters. The thesis is dividend into two parts and eight chapters. The first part is devoted to the most important codifications which in my opinion influenced the development of the guardianship on our territory the most. The first part deal with guardianship legislation in the Roman law, provincial and municipal law, in the General Civil Code and marginally about guardianship legislation contained in the Act of family law and in the Family Code. The second part of the thesis deal with guardianship legislation in the Czech Republic taking into account guardianship legislation in the Federal Republic of Germany. The second charter is devoted to the term guardianship and to the sources of guardianship legal regulation in the Czech republic. The core of the thesis consists of the third to eighth...
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