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Invalidity of Legal Acting in Civil Law
Štelcigová, Štěpánka ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Invalidity of Legal Acts in Civil Law The purpose of this thesis is to analyse comprehensively the institute of invalidity of legal acts, as the most common consequence of defects of legal acts. The invalidity is one of the most important institutes of private law, because the whole society has always needed to act legally and also to rely on the validity of their legal acts. It is necessary to define essential elements of legal acts and the consequences of non compliance with them. This thesis, which is divided into five chapters, deals with the essential elements of legal acts, the defects of legal acts and most importantly the consequences of these defects which is the nullity and mainly the invalidity and voidability of legal acts. First chapter is introductory and describes the evolution of legislation of civil law in Czech Republic because it has came through many significant changes including the field of invalidity of legal acts. Particularly the Act No. 89/2012 Coll., Civil Code, has brought many positive changes this year. Second chapter is divided into three subchapters. It briefly describes the legal facts and it focuses mainly to legal acting as the most important legal fact. It explains the term and the substance of legal acts, names the essential elements of legal acts and the...
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Invalidity and ineffectiveness of legal acts in insolvency proceedings
Štancl, Štěpán ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...
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Invalidity of Legal Acts in the Czech Law in Comparison with Law of Germany
Dosoudilová, Petra ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic "Invalidity of Legal Acts in the Czech Law in Comparison with the Law of Germany" has been chosen because of its importance in the system of the Czech Civil Law. Invalidity of legal acts concerns every subject and object of legal relationships. Nowadays this topic is also very actual due to the recodification of Civil Law which brings fundamental changes. Comparison with German legislation is very contributive thanks to its consistency during 20th century that is in contrast with inconsistency of Czech legislation caused by political changes (especially by 40 years of communism in the territory of the Czech Republic). The thesis is divided into six chapters and each chapter contains three parts. The first part deals with the old regulation under the Act No. 40/1964 Coll., the second one the new regulation under the Act. No. 89/2012 Coll. and finally the third one discusses the German regulation under the German Civil Code. The first two chapters are designed to provide an overview of mainly theoretical resources. The first chapter concerns with legal acts as the most important legal facts and their concepts. Requirements of legal acts, terminological and conceptual changes under New Civil Code and furthermore concept under the German law are described here. The second chapter deals with...
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Formation, incorporation and invalidity of business company
Habáňová, Eva ; Horáček, Tomáš (advisor) ; Černá, Stanislava (referee)
The title of this master thesis is "Formation, incorporation and invalidity of business company". The study is based on the Czech law contained mainly in the Commercial Code. The first part of the thesis describes the entire constitution process of a new business company. The second part focuses on issues related to invalidity of a business company. The Czech Commercial Code distinguishes six forms of business companies - general commercial partnership (unlimited partnership), limited partnership company, limited liability company, joint-stock company, European company and European economic interest grouping. Constitution process of a new business company can be divided into two phases - establishment of a business company and creation of a business company. Each of these phases contains specific issues that are analysed in particular chapters of the study. The thesis is composed of seven chapters. Chapter One provides general characteristics of a business company including its legal regulation. Chapter Two deals with establishment of a business company. It describes business company's founder and focuses on issues related to the founder's deed including its substantial requirements. Chapter Three examines legal position of a business company prior to its creation. It addresses issues related to...
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Invalidity in Civil Law
Langhans, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The thesis is dealing with the notion of invalidity as a juridical institute of civil code. It is expounding the types of invalidity, their common features and differences between them. Particular reasons of invalidity are being examined in detail. The thesis is focused mainly on comparing the legal regulations of the current and the new Czech Civil code.
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Formation, incorporation and invalidity of business company
Habáňová, Eva ; Horáček, Tomáš (advisor) ; Černá, Stanislava (referee)
The title of this master thesis is "Formation, incorporation and invalidity of business company". The study is based on the Czech law contained mainly in the Commercial Code. The first part of the thesis describes the entire constitution process of a new business company. The second part focuses on issues related to invalidity of a business company. The Czech Commercial Code distinguishes six forms of business companies - general commercial partnership (unlimited partnership), limited partnership company, limited liability company, joint-stock company, European company and European economic interest grouping. Constitution process of a new business company can be divided into two phases - establishment of a business company and creation of a business company. Each of these phases contains specific issues that are analysed in particular chapters of the study. The thesis is composed of seven chapters. Chapter One provides general characteristics of a business company including its legal regulation. Chapter Two deals with establishment of a business company. It describes business company's founder and focuses on issues related to the founder's deed including its substantial requirements. Chapter Three examines legal position of a business company prior to its creation. It addresses issues related to...
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Analysis of the employment of people with disabilities in the public sector in Benešov u Prahy
PAZDERA, Jiří
The thesis deals with the issue of the employment of people with disabilities in the Benešov region. In the analytical section there are explained the basic concepts related to the selected topic. In depth it focuses on the status of people with disabilities on the labour market (supply and demand, the rights and obligations of employers in relation to persons with disabilities). The synthetic part summarizes the issue with focus on specific location Benešov u Prahy. It presents a comprehensive overview and specific information about the status of employment for each types and degrees of disability in Benešov u Prahy. For the following reasons we can note that the application on the people with disabilities in the labour market is a current problem, which should our society deal with it.
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Invalidity and survivors pensions
Fait, Jiří ; Bílková, Diana (advisor) ; Pešout, Pavel (referee)
Pension Insurance is one of the main pillars of the Czech social security system. A significant part of this system are also invalidity pension and survivor pension, which serve as financial compensation in case of sudden individual's work ability decrease (invalidity pension), or sudden death (survivors pension). This paper deals with legislation concerning invalidity and survivors pensions and the procedure of calculating those benefits in the Czech Republic. The main analytical part introduces the reader to the amount of expenditures of analyzed pensions, their development in the past and expected future development. This work also introduces the reader to the factors that influence the number of pensions. Attached is the invalidity and survivors pension calculator in MS Excel 2007.
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Employing Mentally Handicapped People at the Sheltered Workshop of Rolnička
NEVYHOŠTĚNÁ, Marcela
This paper deals with the topic of employing mentally handicapped people. The theoretical part presents the notion of mental retardation, as well as the preparation of people for employment, an inherent part of which is education of such mentally handicapped people. The main focus is on employing mentally handicapped people, then on the legislative framework, and also on some auxiliary mechanics which help mentally handicapped people get employment. The practical part presents the Rolnička´s secure workshop and its latest project ? Integration into Labor Market of the Tábor Region, which is currently under way. One of the elements of this project is the Transit Program, the aim of which is to help the employees of Rolnička´s secure workshop with the transition to the free labor market. That is why I devoted the practical part of this paper to interviewing individual employees of the said workshop in order to investigate their interest in transition to labor market.
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Law aspects of disability from youth
HORYNOVÁ, Jana
This study occupies itself with legal aspects of invalidity from youth. It represents an issue that is very significant from the social point of view although not regulated as single problem by law. However the whole theme infiltrates to another specific fields: social insurance, assessment medicine, psychology, juristic section, medicinal issue, ethics, upbringing and special pedagogy in a broad meaning. Current Czech law regulation of theme concerning benefits for persons with long-term unfavorable health state is based on concept of full and partial invalidity pension as benefits within pension insurance scheme and pension increase for incapacity (helplessness). Generally full and partial invalidity pension benefits originate from reduction of gainful activity and reaching of relevant time period of pension insurance. According to a survey it is evident that number of awarded full and partial invalidity pensions has increased in {\clqq}Jihočeský`` region. Respecting diagnostic flags structure the greatest occurrence of full invalidity pensions from youth has been recorded in group of intermediate cephalonia. Solving of social insurance of the elderly is planned under the pension reform at the present. The main goal of invalidity pension is permission to live as close as possible to normal state thus to face up to a handicap and to secure appropriate family, social and work life. In fine we could deduce that there should be confirmation of obligatory conversion of full invalidity pension to old-age pension when reaching retirement age within Czech pension reform. In my study I have focused on some factors decisive for occurrence of full or partial invalidity. It represents socially significant problems in broad range of relations that establish or could establish. Long-term loss or reduction of ability to work have negative impact not only on individuals but also affect social status of their families and thus negatively influence the whole society. Exclusion from work process traumatizes young people. Pension benefits provided to the disabled from youth are not deduced from tolled premiums. That is the reason I think this should be solved out of the pension insurance system as well as pension increase for incapacity (helplessness). Costs on these benefits would be compensated by state budget within pension insurance system in the near future with perspective of transmission of these benefits to other social scheme. In this connection it is necessary to emphasize that mankind should be made sure that there is basic perception and crucial aim of social welfare in focusing on level and quality of life of individuals and their families not affected by unfavorable social or economic influences as well as their health state and well-being that will not be compounded by diseases and injuries. This fact will substantially affect the strategy of modern social policy.
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