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Ownership of flats and non-residential premises
Brinda, Pavol ; Thöndel, Alexandr (referee)
The subject of dissertation thesis is description of selected issues of apartment ownership. The thesis analyses in detail the historical development of the institute in the world from antiquity to the modern legal regulations of the 21st century. Particular attention is paid to the historical development of apartment ownership in the territory of today's Czech Republic. In the next part, the author describes the legislative and theoretical concepts of apartment ownership used in various legal systems of Europe. In the light of these foreign legal regulations, author also evaluates the legal construction of apartment ownership introduced by the new Czech Civil Code. After defining apartment ownership and describing its basic features, the author focuses on a detailed analysis of one of the basic elements of this institute - its subject. In this part, the thesis deals mainly with the question how the new Civil Code has defined the unit, the flat and the common parts of the land and building. The author deals in detail with new possibilities in determining the size of co-ownership shares of unit owners on common parts of the land and building. As part of the analysis of the subject of apartment ownership, the author does not just describe existing legislation, but also compares it with the previous...
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Consequences of defects in legal acts with a focus on invalidity and non-existence
Slobodová, Veronika ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Consequences of defects in legal acts with a focus on invalidity and non- existence Abstract The thesis deals with the issue of the consequences of defects in legal acts. The objective of the thesis is the analysis of defects in legal acts and consequences which are related to the defects in question. The central topic of the thesis is research on institutes of the invalidity and the non- existence of legal acts. The thesis focuses on the assessment of interrelationships and differences between the individual consequences of defective legal acts. The thesis is systematically divided into eight chapters. The first chapter presents the legal acts using analysis of their essentials and basic terms. The second chapter deals with the interpretation of legal acts. Special attention is paid to the rule of interpretation which does not found the invalidity of legal acts before the interpretation which does found the invalidity. The third chapter contains characteristics of invalidity of legal acts. The essential part of the thesis is the fourth and fifth chapter since it lists reasons leading to invalidity and non-existence of legal acts. The content of the sixth chapter is the definition of consequences of defective legal acts in the form of a damage claim, issue of unjust enrichment and termination of substantive...
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Interdict protection
Feri, Dominik ; Thöndel, Alexandr (referee)
Interdict protection The aim of this thesis is to cover the complex institute of possession and its protection by means of law, by so called interdict protection. The emphasis is laid on contextual explication and introduction into doctrine of possession. Following topics are explicated: the law of possession in Roman law, doctrine of von Savigny and Ihering, as well as consequent development of doctrine of possession represented by Randa and Krčmář. For the focal point of section regarding substantive law the current legislation on possession is set. The conclusion of this part of the thesis implies that possession is an absolute right not a mere actuality. In the second section of this thesis development of interdict protection is explicated with emphasis laid on protection of possession in the Allgemeines bürgeliches Gesetzbuch and dissatisfactory legislation on possession in the previous civil code. The core of this section of this thesis is descprition of pratical use of interdict protection which is based on analysis of court decisions made since 2014. Related stats provide the answer to the question whether and how the interdict protection of possession is made use of. Keywords Possession, interdict protection, protection of possession, disturbance of possession, interdict proceedings
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Residential lease
Vokounová, Michelle ; Thöndel, Alexandr (referee)
Residential lease Abstract This thesis aims to analyze the legal aspects of residential lease. This is a continually developing issue, which is dynamic in form both in the doctrinal sector and case law. Its specificity lies in the protectionist nature of the weaker party for which the lessee is generally considered. Since 1. 1. 2014 the enactment of Act. No. 89/2012 Coll., the Civil Code, as amended, there has been a significant balance of rights in certain aspects related to the residential lease, especially in the available options for termination of lease. Given the fact, that the said code is relatively new, the thesis also contains a comparison with the previous Act No. 40/1964 Coll., the Civil Code, as amended. This thesis does not neglect to look at German legislation, when looking for a foreign adaptation, it focuses on institutes close to national law and attempts to make some comparisons between the two. The work itself is divided into six chapters. The first chapter deals with the general legal arrangement of the lease. The individual conceptual features of the lease and the related institutes will be discussed here, and sources are presented in the form of law or case law. The second chapter is focused specifically on the residential lease. The new concepts that the Civil Code has brought about...
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Common property of spouses and entrepreneuship
Pavlorková, Darja ; Thöndel, Alexandr (referee)
Common property of spouses and entrepreneurship Abstract Presented diploma thesis on common property of spouses and entrepreneurship aims to provide a comprehensive overview of current national legislation of common property of spouses with a particular focus on entrepreneurship issues with subsequent evaluation of legal regulations, criticism of identified legal defects and proposing solutions. Sufficient space of a diploma thesis is also devoted to de lege ferenda considerations in connection with the comparison of national law with the legal regulation of matrimonial property law in the Federal Republic of Germany. The legal regulation of the institute common property of spouses in the Civil Code does not give answers to all questions arising, therefore, the case law of the Supreme Court of the Czech Republic is widely used in the thesis. In the text of this diploma thesis are proposed legislative changes which it would be appropriate to think about in the future. Case-law of the courts of the Federal Republic of Germany and the case-law of the European Court of Justice is also not omitted. To achieve the proposed goals is the text of the submitted diploma thesis next to the introduction and conclusion structured into seven chapters. First of all attention is focused on the historical development of...
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Testament
Šťastná, Jana ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Testament Abstract The aim of this thesis was to provide a comprehensive analysis of the testament, one of the most important institutes of inheritance law. Act No. 89/2012 Coll., the New Civil Code, focuses on strengthening testamentary freedom, which permits the testator to decide, how his property is disposed of upon his death. This work is divided into three chapters. Chapter one brings general and comprehensive overview of legislation on inheritance law, notably with respect that inheritance law is part of to the private law. Attention has been paid to principles on which the law is based on. The work then defines the other two inheritance titles, i.e. heritage contract and intestate succession, and compares them with the "will". Second chapter, which is main theme of this master's thesis, outline discusses about the institute of last will, including obligatory and optional elements of testament, permissible forms of will, clauses, legatum and revocation the testament, while briefly considering some institutes more closely in the light of the current legislation. Finally, the paper examines Polish inheritance law, with an eye towards field of testate succession and explains the nuances within both systems. It sets out the fundamental differences. On the other hand points out the similarities, even...
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Lease of Flat -comparison of Czech and German Laws
Šenkeříková, Simona ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Lease of Flat - comparison of Czech and German Laws Abstract This Master's thesis deals with the legislation governing lease of a flat under the laws of the Czech Republic and of the Federal Republic of Germany. The authors of the Czech Civil Code (Act No. 89/2012 Coll., the Civil Code) drew inspiration from the German Civil Code ("Bürgerliches Gesetzbuch" of 18 August 1896, as amended on 2 January 2002) and its influence can be traced in many provisions of its Czech counterpart. The lease of a flat is a burning issue in both jurisdictions, sensitive to political changes in the country, with a strong social subtext, and great emphasis is placed on the protection of the tenant as the weaker party. Unlike the Czech legislation, the German laws on lease of a flat are more robust, more detailed, and social policy is palpable throughout the German Civil Code; this, however, attracts criticism from its opponents at times. Since the laws on lease of a flat are abundant and the thesis is written from the viewpoint of two jurisdictions, the thesis does not provide a comprehensive overview of the topic, but rather focuses on one component, specifically the rent and other payments. The rent and other payments constitute a very dynamic as well as controversial area of the German laws governing the lease of a flat; it...
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Apartment ownership
Winkel, Ludmila ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
APARTMENT OWNERSHIP ABSTRACT The general aim of this work is to provide a comprehensive overview of fragmented and inconsistent current and older case law and expert opinions on individual aspects of the topic of apartment ownership and to evaluate the situation comprehensively in the light of individual, often completely different opinions. On the way to fulfilling the set goal (i) individual theoretical concepts of apartment ownership were explained; (ii) an analysis of historical development of legal regulation of apartment ownership in the territory of Czech lands was performed (for the application of the historical and teleological interpretive method of today's relevant legal regulations of this matter); (iii) an overview of individual aspects related to the matter of apartment ownership, including its basic concepts, was provided; a comprehensive analysis of which was performed. The concept of apartment ownership has changed a lot over time throughout Europe, as well as in the territory of Czech lands. These changes have always been closely linked to economic development and the political situation. Act No. 52/1966 Coll., The Personal Ownership Act, can be considered the first modern legal regulation of apartment ownership in our territory. Historical development in Czechoslovakia in the 1960s and...
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The legal reasons for termination of apartment lease
Vajnerová, Markéta ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
The legal reasons for terminations of apartment lease Abstract The work is focused on the analysis of a fragment of residential lease law as the institute of the civil law, specifically on the legislation of reasons for terminations of apartment lease according to the Act. No. 89/2012 Coll. More than fifth of the population of Czech Republic uses the apartment on the basis of a lease agreement, and therefore this area is interesting not only from the theoretical point of view, but also of the point of view of its use in practise. This work aims to present the complex issues of reasons for terminations of apartment lease by a thorough examination of current legislation and the use of linguistic, systematic and logical methods of interpretation and to evaluate its use in practical life. In interpretation of individual provisions of the Act, professional legal literature and related case law are also used, which, however, is not extensive due to the relatively short period of validity of the valid legal regulation. Therefore, in these cases, if it is possible, the analogy of previous legislation and related case law is used. The work itself is divided into seven parts. The first part deals with a description of the legal regulation development of the lease apartment throughout the history, the issue of the...
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Principles of the Private Law
Dvorská, Petra ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Thöndel, Alexandr (referee)
This thesis; apart from an introduction of the concept of legal principles, their importance and settlement of their conflicts; deals with an analysis of legal provisions relating to the legal principles and policies in the first, general section, Chapter I of the Civil Code, as these are the primary provisions with relevance to the entire private law. It further evaluates state of the current legislation and its positive and negative aspects. It focuses in detail on the principle of fairness, as it is a principle aiming for an important improvement of legal relations. It also deals with the key interrelated principles of the civil law - the principle of the freedom of choice, and the principle of equality and protection of the weaker party; their importance is also followed in chapters devoted to the selected special legal regulations of the private law (family law, labour law, and commercial law). Chapter 4 of this thesis deals with analysis of importance and role of good morals in the civil law. An independent section focuses on the term of public order in the civil law providing explanation of their common function. It also provides detailed analysis of legal construction of definition of nature of legal rules, seen not just as a theoretical legal problem, but also a practical one, as it is the...
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