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Right of Superficies in the Context of Valuation
Špičák, Ondřej ; Doležalová, Monika (referee) ; Hlavinková, Vítězslava (advisor)
The master thesis "Right of Superficies in the Context of Valuation" deals with an analysis of institute of the right of superficies as defined in Sec. 1240-1256 of the Civil Code as an exception to the principle of superficies solo cedit which allows to build a building on or under land of another owner without this building becoming part of this land. The thesis deals with the current legal regulation of this institute but it contains a historical excursion into the previous legal regulations governing the right of superficies on the territory of the Czech Republic as well. Second part of the thesis deals with an issue of valuation of the right of superficies, both according to the Property Valuation Act and the Valuation Decree, as well as market valuation. The final part of the thesis contains a model valuation of a selected right of superficies according to the valuation legislation, including the interpretation of the findings.
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Freedom of speech and racial extremism
Štěrbová, Lenka ; Sádovský, Stanislav (advisor) ; Stracený, Josef (referee)
Apart from the basic definitions used in the paper, the main objective of this bachelor thesis is especially mutual correlation of freedom of speech as the one of basic human rights and race extremism which is undesirable phenomenon in mature society. The first section is devoted to definition of term "freedom of speech" by means of legal regulation included both in Declaration of Fundamental Rights and Freedoms and international agreements. To specify freedom of speech exactly, it is necessary to consider its limitation in a series of documents which are also mentioned in the introductory section. The second section of the thesis is focused on the definition of another significant term often used in the thesis - race extremism. A part of this section is a smaller sub-section containing one of many cases of race attacks. The main reason for choosing this case was personal participation of the author of this thesis in the attack. The main objective of this sub-section is not only presentation of the actual case but application of theoretical knowledge in this concrete case. No other cases were chosen so that the thesis did not receive any unwanted causative contents. The next section deals with the relation between the two above mentioned terms by means of Criminal Code and its articles which...
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Analysis of Practical Implications of Changes in Family Law Introduced by §655 - §975 of the Civil Code.
Veselá, Soňa ; Tomeš, Igor (advisor) ; Pěnkava, Pavel (referee)
(in English) This bachelor thesis deals with new legal regulations of Family Law listed in new Civil Code Act No. 89/2012Coll.in force from 1. 1. 2014 with it simplifications for the practice of Social and Legal Protection of Children departments. According to this new act the preceding Act No. 94/1963 Coll. concerning the Family, which has regulated Family Law, and Act No. 40/1964 Coll. on the Civil Code, are abolished. Hypothesis: This breakthrough change in our legislation influences Fundamentals of Family Law and current administrative a juridical practice. Aim: analyse new Family Law regulated by articles nos.655 to 975of Act No. 89/2012 Coll., compare the legislations with Act No. 94/1963 Coll., evaluate the expected impact on people concerned, as indicated by the abolishment of Act No. 94/1963 Coll., and identify the impact on proceeding and practice in departments of Social and Legal Protection of Children. Methods used in the bachelor thesis: analysis, comparative study, deduction.
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Principles of private law
Andraško, Richard ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Principles of private law The reason of choosing "Principles of private law" for my thesis is that private law is built on untouchable values. For example, basic values like freedom and equality, which are represented by these principles. Many of them are indispensable in the relation of functionality of the whole system of law. Most of them have Roman law origin. The purpose of my thesis is to describe and summarize the main principles of private law that mostly appear in Czech law, especially in civil law. It also examines the influence of re-codification of private law on these principles and relationship between them. The thesis is composed of two parts. Part one, named general part, is introductory and defines different meanings of principles of law in Czech jurisprudence. It deals with historical perspective (Roman law connections to principles of law) and philosophical context (represented by concepts of legal positivism, theory of natural rights and sociological concept of law) of principles of law. It also describes the theory of principles of law by Ronald Dworkin. Part two, named specific part, focuses on principles of private law and contains the overview of them. It deals with legal regulations of these principles and their definitions according to judicial decisions. It also examines...
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The Commercial contract of purchase : (law and perspectives)
Nerada, Aleš ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The Commercial contract of purchase (law and perspectives) The contract of purchase is one of the most concluded contracts between artificial persons as well as between natural legal persons. It is surely appropriate to analyse modifications related to New Civil Code that is being drafted and means one of the biggest legislative changes that is being made in almost fifty years in the Czech private law. Therefore, the purpose of my thesis is to analyze both an effective law of the commercial contract of purchase including the international level, and forthcoming changes first and foremost related to liability for defects, consequences for the attainment of the ownership from the wrongful proprietor in general as well as in connection with real estate. I divided the thesis in two main parts; the first one is dealing with an effective law of the commercial contract of purchase, the second one is dealing with legal regulation in New Civil Code according to contract of purchase. Each of these parts is divided into minor chapters for better lucidity. In the first part I describe International sale of goods regulated by United Nations Convention on Contracts for the International Sale of Goods and its application, then by effective law of the commercial contract of purchase in Czech Republic. Within the...
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Civil liability in medical law
Saidamová, Suzan ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract Thesis title: Civil Liability in Medical Law The main topic of this thesis is to analyze individual cases in czech medical law after the civil law codification. I would like to perform complete concept of civil liability in medical law, especially the liability for the damages. Different types of civil liability will be eleborate in detail, mainly though scientific literature and case law. The thesis consists of seven chapters. In the first chapter, I describe medical law in historical context relevant for the topic and also I introduce current legislation of medical law at all hierarchical levels included international agreements. In the second chapter, I desribe one of the most important concepts in medical liability law - concept called lege artis. The next chapter gives a brief introduction in the healthcare issues and is divided into several subchapters. In first three chapters there are also define the basic terms about health and disease. The fourth and fifth chapters are devoted to the actual liability for damages. The sixth chapter deals with civil protection of doctors and other medical employees. The last chapter is summary. It is evaluation of selected issues in health care. The aim is to introduce a new law conception and present particular types of obligation to compensate. The new...
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Completion of work and rights and duties resulting from defective work
Kohoutová, Lenka ; Štenglová, Ivanka (advisor) ; Eichlerová, Kateřina (referee)
Completion of work and rights and duties resulting from defective work This thesis focuses on the analysis and description of selected aspects of a contract for work which are completion of work and rights and duties resulting from defective work. The selected aspects are dealt with in this thesis according to their regulation after the recodification of civil law in Act no. 89/2012 Coll., the Civil Code. This new legislation is analyzed and at the same time compared with the legislation from which it partly arose and that was abolished by the Civil Code, i.e. Act no. 40/1964 Coll., the Civil Code, as amended, and Act no. 513/1991 Coll., the Commercial Code, as amended. The goal of this thesis is to analyze the current legal regulation of the selected aspects of a contract for work and compare it with the previous legislation, then to briefly summarize some conclusions drawn from existing case law in this area, consider comprehensibility and applicability of the new legislation in question, make some recommendations to parties concluding a contract for work and submit several proposals for a modification of the legislation de lege ferenda. The thesis is composed of five chapters, each of them dealing with different aspects of the new legislation of a contract for work as it is regulated by the Civil...
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Lease of premises serving for business activities
Obernauer, Miroslav ; Liška, Petr (advisor) ; Eichlerová, Kateřina (referee)
The subject of the master thesis is the legal regulation of lease of business premises after the effectivity of Act No. 89/2012 Coll., the civil code. The author disserts on the subject of the thesis in eight chapters, dealing with the basic juridical institutes taken over from the previous legal regulation, as well as the newly introduced juridical institutes. In the first chapter, the author defines basic institutes of a lease as a basic juridical institute. Following up, the thesis defines the lease of a business premises; the author aims on the terminology averted from the previous socialistic terminology. The author disserts on the new approach to the business premises. A special chapter is dedicated to capability of movable things to be a subject of a lease of business premises. The second chapter deals with the commencement of a lease of business premises, specifies the subject of a lease agreement, the lease term, rent. Above the scope of a legal regulation, the author contemplates on special variants of a rent payment. Third chapter of the thesis aims on the content of a lease of business premises, i.e. the rights and obligations of a landlord and a tenant. The author breaks down the new institute of a compensation for the customer base. The thesis deals with changes in lease of business...
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Fiduciary
Hollmann, Jakub ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Autor in this doctor thesis follows and explain the topic of Fiduciary and special institute which is Trust in Czech civil code. Thesis is devided into eleven chapters and explain functionality of Fiduciary and trust in Czech Republic. Because of recent debates of an amendment of Fiduciary in Czech civil code, autor explaining and analyzing trusts in comparison with other countries, e.g.: England, Quebec, France, Germany, Italy, Liechtenstein. In this comparision author explaining possibilities of new amendments and giving proposals of de lege ferenda ideas.
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Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation
Mužík, Vít ; Šouša, Jiří (advisor) ; Soukup, Ladislav (referee)
Contract of sale and selected related issues of contract law according to Act No. 141/1950 Coll., Civil code, in comparison with recent legislation Abstract The thesis deals with the contract of sale and other selected legal institutes of contract law according to the Act No. 141/1950 Coll., the Civil Code (hereinafter "OZ 1950") while comparing them with the recent legislation contained in the Act No. 89/2012 Coll., the Civil Code. The contract of sale is generally one of the most important means of realizing the autonomy of the will of the subject bearing rights and obligations, moreover it is one of the most frequent ways of transferring ownership. The thesis offers a critical view of the legal regulation of legal institutes in both mentioned codes, when at the same time, both positive and negative aspects of the given legal regulations are pointed out. On this count, in relation to the recent legal regulation, some considerations de lege ferenda are stated, and furthermore some inaccuracies in the prevailing current evaluation of the OZ 1950 are also noted. The legal institutes that are mentioned in this thesis are e.g., legal act, its requisites and defects, the concept of contract and obligation with their theoretical definition, the principles of contract law or certain issues of tort lawin...
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