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Acquisition of property from an unauthorised person
Kratochvílová, Kateřina ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
130 English Abstract This diploma thesis deals with the issue of acquisition of property from an unauthorised person. Such a possibility deprives the owner of legal protection of his/her ownership rights in favour of protection of good faith of the acquirer, who thus can acquire ownership even though the transferor is a neither an owner nor authorised for any other reason to dispose with the property. The new Civil Code which entered into force on 1 January 2014 introduces new rules governing such situations, while differing significantly from the previous legislation. Legislation which was in effect until 1 January 2014 was inadequate, in particular due to dichotomy between Civil Code and Commercial Code. Another significant deficiency represented the lack of possibility of acquisition of immovable property registered in the cadastral register from an unauthorised person. Material publicity applied only to a limited extent and did not provide sufficient protection to persons who trusted that the rights recorded in the cadastral register also objectively existed. The diploma thesis is divided into six chapters and analyses the institute of acquisition of property from an unauthorised person in its broader context. The first chapter describes ownership right and manners of its acquisition as well as the...
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Surrogate Motherhood - Comparison of the Legislation in the Czech Republic and the Federal Republic of Germany
Kratochvílová, Johana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The main subject of this master thesis is the issue of surrogacy in the Czech Republic and the Federal Republic of Germany. At the beginning, this thesis aspires to define the term surrogacy in general as well as other connected terminology, and subsequently to specify its categories and describe its major historic milestones. Afterwards, it deals with the rather brief Czech legislation concerning this institute and the consequences this has inevitably led to. It also concentrates on the methods of the assisted reproduction which help to put the surrogate motherhood into practice. This thesis does include ethical problems of surrogacy and some of the psychological and sociological aspects as well. Consequently, it summarizes sanctions which may arose as a result of surrogacy. After that, it explains the legislation related to this issue in the Federal Republic of Germany, its history and legal limits. It deals with the German sanctions which the realization as well as mere arrangement may be subjected to. It examines the standpoint of the German legislator regarding the right of a child to know his or her origin including its consequences, such as non-anonymous sperm donation and obligation of the legal parents to undergo a DNA test. It describes most recent demands of the society regarding the new...
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Direct representation in civil law - general remarks
Kříž, Josef ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 DIRECT REPRESENTATION IN CIVIL LAW - GENERAL REMARKS Abstract The subject of this theses are general remarks to direct representation as a historical and fundamental institute of private (substantive) law. The thesis is therefore devoted to the interpretation of general provisions of the Civil Code concerning direct representation (contained in Sections 436 to 440). These fundamental issues include, in particular, the nature of the direct representation, as an institute, and the authority to represent, as the power of one person to act for another. Furthermore, the author of this work concerns the distinction between different types of direct representation, the distinction between legal relationship between agent and principal concerning representation and the other potential legal relationship that may exist between those two, and the requirement to prove authority to represent to a third party. An extensive part of the thesis is devoted to the scope of the agent's authority to represent the principal and the consequences of acting without a such authority. This part includes issues related to acting with a conflict of interests, the personal acting of the agent and requirement of collective action of several agents. The aim of this thesis is to interpret relevant legal provisions consistently and at...
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Lease Of Commercial Premises
Ludvíková, Barbora ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
This thesis aims to analyse the applicable legal regulation of lease of commercial premises pursuant to the Act no. 89/2012 Coll., Civil code, as amended, in the context of general practice and with focus on material improvements of leased property. This thesis is divided into 11 chapters, each dealing with different aspects of the examined legal institute. The first two chapters are introductory and pertain to lease in general. The first chapter focuses on the evolution of lease throughout history, spanning from roman law to modern legal codes. The second chapter characterises lease as an obligation in general as it reports on placement of the relevant provisions within the civil code and on the characteristics of lease, which include its subject, yielding it to another for use, its temporariness and consideration. The third chapter deals with the subject of the lease, i.e. commercial premises and their administration in cases of co-ownership and community property of spouses. The following chapter deals with the creation of lease and explores the requirements for a valid and legally binding lease agreement. The fifth chapter considers the temporariness of lease, leases concluded both for indefinite and for definite period of time, leases concluded for an uncommonly long time period and...
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Matrimonial property and obligations of the spouse
Večeřová, Anežka ; Frintová, Dita (advisor) ; Thöndel, Alexandr (referee)
Matrimonial property and obligations of the spouse This thesis analyses regulation of matrimonial property with an emphasis on its administration, scope and settlement. The main focus of this thesis is to analyse actual statutory regulation in context of actual case law of Czech Supreme Court, with special focus on institute of invalidity of juridical act, disputes in matters of administration and scope of matrimonial property as well as on intertemporality issue in matrimonial property law. Subject of this thesis is related to current development of Czech Supreme Court case law. Aside from introduction and conclusion, the thesis consists of five main chapters. In second chapter, the term and concept of matrimonial property in context of current statutory regulation and regulation of Civil Code 40/1964. Coll. is defined. Third chapter analyses matrimonial property regimes - statutory regime, contractual regime and regime established by a court decision with focus on detailed specification of scope in the statutory regime, with legislative proposal de lege ferenda. Final part of this chapter gives attention to disputes about the scope of matrimonial property with focus on immovables. Central as well as the most comprehensive part of the thesis is in the fourth chapter - administration of matrimonial...
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Easements
Hadačová, Marie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to try to provide a comprehensive interpretation and analysis of the legal institute of easements and their individual aspects in the current legal regulation, taking into account the judicial decisions of the Czech courts after year 1989 as well as the case law of the First Republic related to the General Civil Code. The thesis consists of four parts. The first part deals with the interpretation of the concept of iura in re alinea as the institute superior over easements. In the last chapter of this first part the institute of easements and their basic aspects are generally defined. The second part of the diploma thesis describes the individual stages of the historical development of the institute of easements. The concept of easements in Roman law is being analyzed, taking into account some differences from its conception and modification at present. The following is an interpretation of medieval easements, and finally, the author deals with the modern legal regulations of the easements in the civil law legislation starting from the General Civil Code through the civil codes issued under the Communist regime in 1950 and 1964. The third part, which represents the focus of the diploma thesis, provides a detailed analysis of the current legal regulation of easements...
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Testament with a special focus on fideicomissum
Bártová, Magdalena ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
This rigorous work deals with the testamentary succession which is complemented with a new institute within the law of succession regulation - fideicommissum. The content of the work is divided into five main chapters whereas it is proceeded from general interpretation of law of succession taking into account history because above all the law of succession it one of the branches of the Civil Law which was a subject of great changes within the re-enactment of the Civil Law and it is getting back to the institutes which the existing legal regulation did not know. The introduction addresses explanation of basic terminology within the matter of law of succession; it elaborates fundamentals, principles and functions of the law of succession and its categorization within the legal regulation. A part of the work which is dedicated to the historical interpretation focuses on regulation of the testamentary lineage in the Roman law and then analyzes testament regulation within the General Civil Code, Civil Code No. 141/1950 Sb. and preceding Civil Code No. 40/1964 Sb. Subsequently the main topic is elaborated in detail that is testamentary succession pursuant to current legislation in the Civil Code No. 89/2012 Sb. The introduction of this chapter focuses on the term testament itself, presumptions of its...
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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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Statutory inheritance
Rutar, Radka ; Thöndel, Alexandr (referee)
Statutory inheritance Abstract This thesis discusses the legal regulation of inheritance law with emphasis on the institute of statutory inheritance, from the point of view not only of Czech law but also in comparison of the individual legal institutes with their foreign regulation. The aim of this thesis is to answer the question whether the current Czech legislation can provide a prudent, safe and predictable framework for the valid adjustments of property relations of the decedent and the participants of the inheritance proceedings after the death of the decedent The submitted thesis is structurally divided into three larger parts which further separate into a total of fifteen chapters. The first part of the thesis briefly discusses the gradual historical evolution of inheritance law and its codification on the territory of Czech lands and of historically related countries. The first part also includes the introduction of the purpose of inheritance law and its controlling principles, formulated at the beginning of the 20th century by the outstanding Czech lawyer Prof. Emanuel Tilsch. The individual institutes such as statutory classes of heirs, forced heirship or escheat are logically organised and described in detail from a historically-comparative perspective as well as from the perspective of foreign...
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Handling State Property
Bobíková, Kateřina ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Název rigorózní práce v anglickém jazyce, abstract, 3 keywords Handling State Property Abstract The rigorous work deals with a detailed view of the handling of the property of the Czech Republic, especially real estate, in recent legislation. Due to the recodification of private law, it is aimed at understanding the treatment of state property as opposed to dealing with property in the private sphere. The work is an attempt to understand some specificity of dispositions with state property, where it is necessary to take into account the position of the state and its certain constraints that do not exist in the private sphere. Part of the work is also the specific situation, which often occurs when dealing with state property and which needs to be assessed very sensitively because of the duty of the state to act transparently and economically with public funds. The essence of the thesis is a legal overview of the handling of the property of the Czech Republic, including a very specific specification of the ways of dealing with state property. The work includes the de lege lata legislation, also taking into account the pitfalls that the legislation brings. It is therefore necessary to point out that it is still necessary to focus on how to deal with the very complicated life situations that occur even when...
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