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Codification of law in France under the First Empire
Vavříček, Martin ; Seltenreich, Radim (advisor) ; Císař, Jaromír (referee)
Codification of law in France under the First Empire The purpose of my thesis is to analyze genesis of preparation of six codes in France, to explain all influences and to show importance of this codification for the rest of the world. The scope of my thesis research is wider than just a description of codification works between years 1804-1815. The first part of this work explores the basis for codification. Sources of law, roman law, natural law, age of enlightenment, Declaration of the Rights and of the Citizens and legislative procedure under the First empire. The second part is composed of five chapters. Chapter one describes French Civil code promulgated in 1804. This chapter is composed of following subchapters: genesis of codification between years 1789-1804, the major figures of codification, systematics, related laws, selected paragraphs of Civil code and language quality. Chapter two is about Code of civil procedure (Code de procedure civile, 1806). It is composed of three subchapters: genesis, systematic and characteristics of this code. Chapter three describes Commercial Code (Code de commerce, 1807). This chapter includes genesis of commercial law from 16th century. The rest subchapters analyze genesis, systematic and characteristics of this codification. Chapter four is composed of...
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A comparison of the property regimes of spouses in Czech and French law
Mackuliaková, Michaela ; Dvořák, Jan (advisor) ; Elischer, David (referee)
A comparison of the property regimes of spouses in Czech and French law The aim of this masters thesis was to compare property regimes of spouses in Czech and French legal systems. The thesis is dealing with different aspects of "marital estate regime" under the Czech Civil Code, "legal regime" under the French Civil Code and the "legal regime" under the new Czech Civil Code effective from 2014 In addition, the aim was also to examine whether the legislators of both countries based the legal texts on similar premises. In cases of missing positive legal norms, the thesis examined whether practice or case law leads the legislators to conclusions similar or completely different in the respective legal systems. The secondary objective was to compare existing and new Czech Civil Code and evaluate the progress in the approach to the institute of marital estate. The marital property law has to face traditionally two interests, namely individual interest of each spouse and the common interest of the conjugal union. It is important to reconcile these two interests to such extent that common interests will be given sufficient protection, but on the other hand, to extent not as restrictive as to cause aversion to the institution of marriage itself. The thesis is composed of four chapters, each of them dealing...
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A comparison of the property regimes of spouses in Czech and French law
Mackuliaková, Michaela ; Dvořák, Jan (advisor) ; Elischer, David (referee)
A comparison of the property regimes of spouses in Czech and French law The aim of this masters thesis was to compare property regimes of spouses in Czech and French legal systems. The thesis is dealing with different aspects of "marital estate regime" under the Czech Civil Code, "legal regime" under the French Civil Code and the "legal regime" under the new Czech Civil Code effective from 2014 In addition, the aim was also to examine whether the legislators of both countries based the legal texts on similar premises. In cases of missing positive legal norms, the thesis examined whether practice or case law leads the legislators to conclusions similar or completely different in the respective legal systems. The secondary objective was to compare existing and new Czech Civil Code and evaluate the progress in the approach to the institute of marital estate. The marital property law has to face traditionally two interests, namely individual interest of each spouse and the common interest of the conjugal union. It is important to reconcile these two interests to such extent that common interests will be given sufficient protection, but on the other hand, to extent not as restrictive as to cause aversion to the institution of marriage itself. The thesis is composed of four chapters, each of them dealing...
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Codification of law in France under the First Empire
Vavříček, Martin ; Seltenreich, Radim (advisor) ; Císař, Jaromír (referee)
Codification of law in France under the First Empire The purpose of my thesis is to analyze genesis of preparation of six codes in France, to explain all influences and to show importance of this codification for the rest of the world. The scope of my thesis research is wider than just a description of codification works between years 1804-1815. The first part of this work explores the basis for codification. Sources of law, roman law, natural law, age of enlightenment, Declaration of the Rights and of the Citizens and legislative procedure under the First empire. The second part is composed of five chapters. Chapter one describes French Civil code promulgated in 1804. This chapter is composed of following subchapters: genesis of codification between years 1789-1804, the major figures of codification, systematics, related laws, selected paragraphs of Civil code and language quality. Chapter two is about Code of civil procedure (Code de procedure civile, 1806). It is composed of three subchapters: genesis, systematic and characteristics of this code. Chapter three describes Commercial Code (Code de commerce, 1807). This chapter includes genesis of commercial law from 16th century. The rest subchapters analyze genesis, systematic and characteristics of this codification. Chapter four is composed of...
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