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Servitudes in the Roman Law and in the new Civil Code
Heide-Hermann, Tomáš ; Bělovský, Petr (advisor) ; Falada, David (referee)
The subject of this thesis is a comparison of the provisions of the new Czech Civil Code (Law No. 89/2012 Coll.) concernig servitudes with the selected sources of th Roman law, esp. with the Digest or Pandects of Justinian, with Institutes of Justinian and Institutes of Gaius. If it seems suitable, other national civil codifications, which were influenced by the Roman law, were taken into account. The relevant rules of Roman law are selected, quoted and translated in Czech language (using not only Latin original, but also English and French translations) and set against contemporary law. In each case shall be found out what differences exist between contemporary and Roman law and what can be considered as consistent with Roman law, what can be seen as partly agreeing and what is laid down in a different manner. By means of this approach, the most important questions related to the servitudes and property rights are covered and to the provisions of new Civil Code are assesed as a whole.
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Expropriation relating to construction lines (particularly under the Energy Act and the Electronic Communications Act.)
Křížová, Jana ; Handrlica, Jakub (advisor) ; Staša, Josef (referee)
The aim of this thesis is to analyse the problematics of expropriation by construction lines in the area of energetics and telecommunications, which are considered to be strategic net branches of industry. Expropriation itself is regarded as an utmost intervention in the law of property, whose guarantee is secured with the highest legal power in the constitutional order of the Czech republic. As far as the structure of this thesis is concerned, it is divided into three main chapters described as following: The first chapter deals with basic definitions of the key words of this work, namely: construction, construction line and expropriation. Construction can be perceived in the sense of not only Civil code, but also Building act and it is crucial to differ these two regulations one from another. Construction line seems to be the source of a wide range of complications due to the fact that there is no legal definition of this term in the Building act. It should be taken into serious consideration to define this term in the future. The term of expropriation has two different meanings in the czech legal system, the first meaning represented by the widely acknowledged legal theory, the second one expressed in the key regulation of this institute - the Act of expropriation. The regulation of expropriation itself...
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Conctractual penalty
Tautrman Atanasovská, Pavlína ; Hendrychová, Michaela (advisor) ; Elischer, David (referee)
PhD thesis Contractual penalty concerns legal regulation of the contractual penalty in the Czech legal order and focuses on the most frequent application problems, which co- contractors at agreement on contractual penalty are faced with. Introductory chapters put emphasis on an interpretation of the term contractual penalty itself and on legislation genesis from the ancient Rome time to the present legal regulation of the contractual penalty included in Act N.89/2012 Sb., the Civil Code. The following chapters deal with some questionable aspects of an agreement on the contractual penalty, such as the form and the content of agreement, amount of the contractual penalty and its adequacy. The final part of the thesis describes legal regulation of the contractual penalty in the Republic of Croatia and in the Republic of Macedonia to a reader. This passage of the thesis takes into account also results of decision-making experiences of courts in the Republic of Croatia and in the Republic of Macedonia.
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Application for an appeal review on the point of law in civil procedure
Hermanová, Michaela ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
The thesis aims to describe the new regulation of the application for appeal review introduced by means of an amendment to the Civil Procedure Code made by the act No. 404/2012 Sb. and to assess its compliance with the Constitution. During the preparation of this amendment a part of the Civil Procedure Code (specifically sec. 237 (1) c)) governing the admissibility of the discretionary application for appeal review was cancelled due to being in conflict with the Constitution by means of the decision of the Constitutional Court of 21 February 2012, file No. Pl. ÚS 29/11. For that purpose, at first, the thesis deals with the application for appeal review itself and certain aspects of it, especially the role it has in the Czech legal system. Based on this general part a special part is built dealing with the admissibility of the application for appeal review. Firstly, the admissibility under the old legislation is described, after that the conclusions of the Constitutional Court are critically examined and, finally, the new legislation is described and confronted with the findings of the Constitutional Court. The Constitutional Court criticized the old legislation for not being sufficiently predictable. It concluded that in order for the new legislation to comply with the Constitution the potential...
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The Plurality of Persons Regarding Ownership-General Issues
Žáček, Lukáš ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The Plurality of Persons Regarding Ownership - General Issues Resumé The aim of this diploma thesis is to analyze some of the issues concerning the plurality of persons regarding ownership which have been brought by the Act of the Czech Republic No. 89/2012 Sb. Civil Code ('the Civil Code 2012'), which has come into effect on 1 January 2014. The thesis is divided into five chapters. The first chapter is devoted to the sources which were the main inspiration for the authors of the Civil Code 2012. The main sources were the Civil Code of Austria (Allgemeines Bürgerliches Gesetzbuch) and the bill of Civil Code proposed by the Czechoslovak government in 1937. The chapter emphasizes the fact that it is necessary to take these sources into consideration when analyzing legal regulation contained in the Civil Code 2012. The truth of this statement is proved throughout the whole text of the thesis since many references concerning these sources are made. The following chapter describes two legal forms of co-ownership that exist in the Czech legal system: common ownership and co-ownership in which shares of co-owners do not exist (e.g. community property). The chapter shows similarities and differences between these forms. The third and the fourth chapter are the core of this diploma thesis. The third chapter answers...
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Servitudes in the Roman Law and in the new Civil Code
Heide-Hermann, Tomáš ; Bělovský, Petr (advisor) ; Falada, David (referee)
The subject of this thesis is a comparison of the provisions of the new Czech Civil Code (Law No. 89/2012 Coll.) concernig servitudes with the selected sources of th Roman law, esp. with the Digest or Pandects of Justinian, with Institutes of Justinian and Institutes of Gaius. If it seems suitable, other national civil codifications, which were influenced by the Roman law, were taken into account. The relevant rules of Roman law are selected, quoted and translated in Czech language (using not only Latin original, but also English and French translations) and set against contemporary law. In each case shall be found out what differences exist between contemporary and Roman law and what can be considered as consistent with Roman law, what can be seen as partly agreeing and what is laid down in a different manner. By means of this approach, the most important questions related to the servitudes and property rights are covered and to the provisions of new Civil Code are assesed as a whole.
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Expropriation relating to construction lines (particularly under the Energy Act and the Electronic Communications Act.)
Křížová, Jana ; Handrlica, Jakub (advisor) ; Staša, Josef (referee)
The aim of this thesis is to analyse the problematics of expropriation by construction lines in the area of energetics and telecommunications, which are considered to be strategic net branches of industry. Expropriation itself is regarded as an utmost intervention in the law of property, whose guarantee is secured with the highest legal power in the constitutional order of the Czech republic. As far as the structure of this thesis is concerned, it is divided into three main chapters described as following: The first chapter deals with basic definitions of the key words of this work, namely: construction, construction line and expropriation. Construction can be perceived in the sense of not only Civil code, but also Building act and it is crucial to differ these two regulations one from another. Construction line seems to be the source of a wide range of complications due to the fact that there is no legal definition of this term in the Building act. It should be taken into serious consideration to define this term in the future. The term of expropriation has two different meanings in the czech legal system, the first meaning represented by the widely acknowledged legal theory, the second one expressed in the key regulation of this institute - the Act of expropriation. The regulation of expropriation itself...
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Children's diagnostic institut
Kašpaříková, Barbora ; Šotolová, Eva (advisor) ; Mlčková, Marie (referee)
This bachelor thesis deals with institutional and protective education in school facilities with accentuation in children diagnostic institute. The legislative changes related to these facilities, i.e. the amendments to the Act No. 109/2002 Coll. on execution of institutional or protective education in school facilities and on preventive educational care in school facilities and on amendment to other Acts, as amended, in connection eighth the adoption of the New Civil Code (Act. No. 89/2012 Coll. are the main theme. This thesis describes a history of institutional education, legislative foundations and basic structure of the institutional and protective education in the Czech republic. The aim of this thesis is to map all the consequences of changes that have occurred or will soon occur due to the amended Acts. A questionnaire survey in which the employees of facilities for execution of institutional and protective education responded to questions related to this topic is included in this thesis.
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