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Adaptation to climate change from the perspective of (Czech) law
Jech, Martin ; Sobotka, Michal (advisor) ; Fabšíková, Tereza (referee)
Adaptation to climate change from the perspective of (Czech) law Abstract Key words: climate change, adaptation, Czech law Climate change is a current topic that has an impact on many components of the environment and the whole society. Besides mitigation, adaptation is a key response to climate change. This diploma thesis deals with the issue of how (especially Czech) law approaches to adaptation to climate change. Particular legal instruments related to adaptation to climate change are discussed, especially conceptual, administrative and economic instruments, in the fields of protection of water resources, forest, agricultural land and nature and landscape. Selected non-law instruments related to adaptation to climate change are also mentioned. The thesis has several related research inquiries. The first question is what is actually a climate change and whether it is (or will be) its course unprecedented in the Holocene and the related question what climate is expected in the next decades. This is followed by other research questions, particularly how the political-legal approach to the question of climate change (especially adaptation) has evolved and what is the current legal level of adaptation to climate change, i.e. whether it is satisfactory or has some imperfections. And if it has some...
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Minorities in Czech and Polish law
Řezníková, Sylva ; Pomahač, Richard (advisor) ; Adamec, Martin (referee)
Minorities in Czech and Polish law Abstract This thesis is devoted to a comparison between the legal regulation of national and ethnic minorities in Czech and Polish law. These two jurisdictions have been selected for comparison due to partly shared legal culture, linguistic proximity, and comparable modern history. The analysis is focused on guarantees provided to national and ethnic minorities in both countries and reveals that while there are many similarities between the two legal cultures, the legal systems differ in numerous ways. In both countries, the basic legal guarantees to minorities are regulated in the constitutions and additionally, legal guarantees to minorities are dealt with comprehensively in acts devoted solely to national and ethnic minorities, i.e., the Act on the rights of persons belonging to national and ethnic minorities, Act No. 273/2001 Coll. in the Czech Republic, and the Act of 6 January 2005 on national and ethnic minorities and on the regional language, (Dz.U. 2005 Nr 17 poz. 141). Both comprehensive minority acts regulate similar fields, such as the right to education in minority languages, the right to dissemination and reception of information in minority languages, the right to multilingual signs and inscriptions, the right to use one's forename and surname in a minority...
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Easements - A comparison of Czech and Austrian legislation
Kůstka, Filip ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Easements - A comparison of Czech and Austrian legislation Abstract The diploma thesis deals with the institute of easements and a comparison of selected problems of the law of easements in the Czech and Austrian law. The diploma thesis has two main objectives. The first objective is to provide a basic overview of the legal regulation of selected problems of the law of easements in the Czech and Austrian law. The second objective is then to evaluate, based on this overview, which legal regulation solves these problems better. The subject of comparison in Czech and Austrian law are those selected problems which cause considerable difficulties in practice. These are, firstly, the issue of the creation of an easement by way of usucaption, with a focus on the comparison of the concept of good faith in the case of ordinary and extraordinary usucaption, and secondly, the determination of the scope of subjective rights arising from easements. The thesis is divided into an introduction, 5 main chapters, which are further divided into subchapters, and a conclusion. The first chapter deals with the definition of the concept of easement itself. The second chapter deals with the historical development of private law in the territory of the present-day Czech Republic and Austria from the second half of the 18th century...
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Selected issues of nature and landscape protection in Czech law (The mining towers in Microregion Frenstatsko's case)
Slabá, Jana ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis deals with a historical development of the nature preservation. Then it shifts its focus to various commitments emerging from the international as well as EU laws. At the international level, the work individually describes several international contracts related to the preservation of natural ecosystems. Within the scope of the European law, the thesis focuses on the realization of the nature preservation, using the system called Natura 2000 and its factual implementation into the Czech law. The text also examines the nature preservation and its impacts in the constitution of the Czech Republic. After a brief introduction to the law no. 114/1992 Coll., on the preservation of nature and landscape, the work in detail analyzes individual categories of general and specific territorial preservation. Finally, the thesis examines the case study on the mining towers in the micro-region Frenštátsko in the context of several questions related to the preservation of nature and landscape.
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Grounds for Refusal of Registration of Trade Marks under Czech Law
Poupě, Pavel ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
The purpose of my thesis is to provide general requirements for the registrability of trademarks and to analyse particular grounds for refusal of registration of trademarks according to czech law. The thesis is composed of four main chapters, each of them dealing with different aspects of czech trademark law. Chapter One outlines brief history of the very first legislation dealing with trademarks and their registrability until recent days. Chapter Two is introductory and defines basic terminology used in the thesis and also presents categories of trademarks. The chapter is subdivided into five parts. Part One deals wiht national trademarks, part Two focuses on international trademarks, part Three deals with well-known trademarks. The last part presents the Nice clasification established by the Nice Agreement. Chapter Three provides an outline of all absolute grounds for refusal of registration of trademarks under the czech law. The chapter concentrates on particular absolute grounds; the chapter is subdivided into ten parts, each of them dealing with one particular absolute ground. The chapter also illustrates the approach to decision-making by trial courts and practice of competent authorities. Chapter Four concentrates on all relative grounds for refusal of registration of trademarks under czech...
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The institute of acquisitive prescription - selected perspectives (a comparison of Czech and German legal regulation and ideational aspects)
Ragužová, Nicole ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Zusammenfassung Diese Diplomarbeit behandelt das traditionelle römischrechtliche Institut der Ersitzung und dessen heutige Regelung im tschechischen und deutschen Recht. Der Schwerpunkt liegt in den unterschiedlichen ideologischen Auffassungen beider Regelungen desselben Rechtsinstituts und dessen Wurzeln im römischen Recht. Für die tschechische Rechtsregelung und Rechtswissenschaft bildet das gültige österreichische bürgerliche Gesetzbuch ABGB, das bis zum Jahre 1950 der tschechoslowakische Zivilkodex war, die wichtigste Inspirationsquelle. Deswegen wird auch dem österreichischen ABGB beträchtlicher Raum gegeben. Das Hauptziel dieser Arbeit ist der Vergleich der unterschiedlichen Wertungsauffassungen in der deutschen und tschechischen Rechtswissenschaft, die die Voraussetzungen und Rechtsfolgen der Ersitzung auf vielen Ebenen beeinflussen. Im Interessenmittelpunkt stehen Streitfragen der Ersitzung und der Vergleich von deren Lösungen in beiden Rechtsordnungen unter Berücksichtigung sowohl der tschechischen Zivilistik der ersten Republik als auch der römischrechtlichen Zivilistik. Systematisch werden in der Arbeit die Regelungen der Ersitzung im römischen, deutschen und tschechischen Recht getrennt behandelt. Der erste Teil der Arbeit fasst die römischrechtliche Regelung zusammen, die in den folgenden...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Tryzna, Jan (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Development of disruptive IT within the frame of Czech legislation
Franče Rejzková, Lenka ; Tryzna, Jan (referee)
Development of disruptive IT within the frame of Czech legislation Abstract New information technologies, such as biometric technologies, distributed ledger technology, cloud computing, the internet of things and virtual reality, are increasingly transforming our way of live. Technologies that radically transform our society are referred to as "disruptive technologies". This thesis focuses on the main application of disruptive information technologies, which is the use of artificial intelligence. The first part of thesis presents the issue, explains the basic concepts and differences between augmented intelligence, special artificial intelligence and general autonomous artificial intelligence. Furthermore, it summarizes the Czech legislation reflecting current technological developments. The summary of the most important aspects of the current legislation is a prerequisite to identify its limits and shortcomings in order to analyze the challenges that need to be taken into account when proposing appropriate future legislation. The aim of the thesis is to identify and present the main challenges that the development of disruptive information technologies brings to the Czech legislation. These challenges include the ethical and philosophical grounding of disruptive information technology, which determines...
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Development of disruptive IT within the frame of Czech legislation
Franče Rejzková, Lenka ; Tryzna, Jan (referee)
Development of disruptive IT within the frame of Czech legislation Abstract New information technologies, such as biometric technologies, distributed ledger technology, cloud computing, the internet of things and virtual reality, are increasingly transforming our way of live. Technologies that radically transform our society are referred to as "disruptive technologies". This thesis focuses on the main application of disruptive information technologies, which is the use of artificial intelligence. The first part of thesis presents the issue, explains the basic concepts and differences between augmented intelligence, special artificial intelligence and general autonomous artificial intelligence. Furthermore, it summarizes the Czech legislation reflecting current technological developments. The summary of the most important aspects of the current legislation is a prerequisite to identify its limits and shortcomings in order to analyze the challenges that need to be taken into account when proposing appropriate future legislation. The aim of the thesis is to identify and present the main challenges that the development of disruptive information technologies brings to the Czech legislation. These challenges include the ethical and philosophical grounding of disruptive information technology, which determines...
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