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Settlement of community property of spouses with a special regard to the settlement of rights and duties with respect to common dwelling
Chudomelová, Irena ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
1 Thesis abstract Settlement of the community property of spouses focused on the settlement of the rights and obligations to joint housing. Community property of spouses is a specific type of property partnership, which can exist only between spouses. The community property of spouses origins and terminates together with the marriage (with the exceptions). The termination of marriage needs to be followed by the settlement of the property. The settlement of the common property is always made on the basis of some legal institute as agreement, judgment or legal presumption. The settlement of the community property of spouses and the settlement of the rights and obligations to joint housing is the main topic of my thesis. The thesis is composed of 5 chapters, each of them dealing with different aspects of the community property of spouses: Chapter One is introductory and generally deals with the marriage. Chapter two called community property of spouses is subdivided into five parts. First part characterizes community property of spouses in general. Second part describes the subject of community property of spouses, i e. things, rights and obligations acquired during the marriage period. This section also provides a list of assets which is not a part of the community property of spouses. Third part is called an...
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Formation and termination of marriage with respect to property issues
Kovandová, Radka ; Salač, Josef (advisor) ; Lederer, Vít (referee)
The aim of the rigorous thesis entitled Origin and termination of marriage with regard to property rights is the analysis of marriage institutes and marital property. These institutes are characterized in terms of their origin, duration and extinction. The work is divided into three large chapters, the first chapter deals with the origin and termination of marriage, the second chapter is devoted to the concept of marriage and the last chapter is devoted to the comparison of legal regulations in the Czech Republic, Germany, Austria and France. In addition to these parts, the work has an introduction at the beginning and a conclusion at the end. In Chapter 1 I analyze the regulation of marriage from the point of view of civil law. The chapter discusses the concept and purpose of marriage, engagement, procedure of marriage, prerequisites of marriage and marriage (marital capacity, marriage declaration and marriage ceremony), special ways of marriage (marriage representative, marriage abroad, marriage in direct threatening the life of the fiancé) and finally the legal consequences of marriage. Another area is to analyze the regulation in terms of canon law. In this part the concept of marriage by ecclesiastical law, engagement and preparation for marriage, obstacles to marriage and the formation of...
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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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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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Common property of spouses and entrepreneuship
Pavlorková, Darja ; Salač, Josef (advisor) ; Šustek, Petr (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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Status of an obliged person's spouse in the execution proceedings
Cejnarová, Jitka ; Frintová, Dita (advisor) ; Pohl, Tomáš (referee)
Status of an obliged person's spouse in the execution proceedings Abstract The topic of this rigorous thesis is "Status of an obliged person's spouse in the executory proceedings". I got to this topic through my professional experience at the District Court of Prague 5, where I worked as an assistant of a judge for more than a year. As part of this work, I prepared decisions on the procedural motions of the parties to the execution proceedings, including the motions of the obliged person's spouse to a partial discontinuance of the execution proceedings for a judge. As a result of the fact, that I devoted to these motions because of their increasing number still more and my interest in the issue of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce the obliged person's debt and my knowledge about this issue got deeper, I have decided to deal with this topic in my rigorous thesis. The aim of this thesis is to analyze the possibilities of affecting the property in the common property of the spouses and property values of the obliged person's spouse in the execution proceedings led to enforce obliged person's debt in a particular regimes of procedural legislation of affecting such property, based by the...
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Law regulating property of spouses
Kühnová, Nela ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The topic of this Master thesis is Matrimonial property law, that is encoded within the Act no. 89/2012 Sb., Civil Code. The aim of this thesis is to analyze and describe current matrimonial property law regime, mainly the community property regime. The focus is on defining the legal framework of the community property regime and its modification options, such as community property contract or court decision. It also provides a look at the possibilities of protection and defense of the so called debt- free spouse. The text of the thesis is divided into seven chapters, introduction and conclusion. The first chapter provides a definition of some basic terms, such as the matrimonial property law and community property regime. The second chapter focuses on the legal provisions of the community property regime, meaning the general regime. It describes the scope of the community property regime, the assets and liabilities within and out of the scope of the community property. It also introduces the asset management within the community property legal framework. The aim of the third chapter is the contractual community property, as set out by the legal provisions. The law allows for three, alternatively four types of contractual regimes, such as separate property, regime that reserves the moment of...
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Settlement of community property of spouses with a special regard to the settlement of rights and duties with respect to common dwelling
Chudomelová, Irena ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
1 Thesis abstract Settlement of the community property of spouses focused on the settlement of the rights and obligations to joint housing. Community property of spouses is a specific type of property partnership, which can exist only between spouses. The community property of spouses origins and terminates together with the marriage (with the exceptions). The termination of marriage needs to be followed by the settlement of the property. The settlement of the common property is always made on the basis of some legal institute as agreement, judgment or legal presumption. The settlement of the community property of spouses and the settlement of the rights and obligations to joint housing is the main topic of my thesis. The thesis is composed of 5 chapters, each of them dealing with different aspects of the community property of spouses: Chapter One is introductory and generally deals with the marriage. Chapter two called community property of spouses is subdivided into five parts. First part characterizes community property of spouses in general. Second part describes the subject of community property of spouses, i e. things, rights and obligations acquired during the marriage period. This section also provides a list of assets which is not a part of the community property of spouses. Third part is called an...
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Common property of spouses
Studená, Lucie ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The Master´s Thesis deals with the common property of spouses. The work aims to present a comprehensive overview of the legal regulation of common property of spouses and focus on changes in new Civil Code, which takes effect in January 2014. The second objective of this work is to apply theoretical findings on concrete examples of judgement. The work is divided into two basic parts; theoretical and practical. Theoretical part consists of historical development and current legal regulation of common property of spouses. Practical part contains several practical cases of judgement.
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Common property of spouses
Popeláková, Klára ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The Master's Thesis deals with the common property of spouses according to both current legal regulation, and secondly future legal regulation of the Czech Republic. The main objective of this Master's Thesis is to present a comprehensive and coherent overview of the current legal regulation of common property of spouses and to compare the present situation with the regulation in new Civil Code, which takes effect in January 2014. The Master's Thesis contains three parts; first part contains the historical development, second part provides a summary of current legal regulation and the last part focuses on the comparison of the current and future legislation.
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