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Separate property regime
Jiroušková, Šarlota ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
56 Separate property regime Abstract The submitted thesis deals with the analysis of the institution of the separate property regime. The aim of the thesis is to elucidate the origin, essence, and limits of the agreement establishing the separate property regime in the context of the legal regulation of Act No. 89/2012 Coll., the Civil Code, including mentioning the significant legal effects of this agreement in enforcement and inheritance proceedings. For a more comprehensive view of the issue, the legal effects of the agreement are also reflected by comparison with the basic effects of the statutory regime in specific life situations. The achievement of the goal is presented in six chapters. The first chapter introduces the concept of marital community property as the starting point of the work, its origin, basic characteristics, and components, including a brief introduction to exceptions establishing a different moment of (potential) creation of the marital community property, with emphasis on the agreement on the separate property regime contract. The second chapter presents the inclusion of the agreement on the separate property regime into the systematics of marital property law in the Civil Code within the contracted regime, alongside the statutory regime and the regime established by a court order....
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Pre-marital and marital agreement as a means of protection of marital property and business
Kucbelová, Lucia ; Hejda, Jan (advisor) ; Novotná, Eliška (referee)
Bachelor thesis deals with pre-marital and marital agreement in connection with the common possessions of spouses and business. The first chapter is focused on terms related to ownership and for better explanation the terms are applied on practical examples that can occur in real life. The following chapters deal with the content of pre-marital and marital agreement, the manner in which the agreement can protect possessions in case of debts and business, and also explain forms of business and their influence on common possessions of spouses. The sixth chapter contains the analysis of the recognition and modification of the pre-marital and marital agreement by the legislation of the Czech Republic, the Slovak Republic and Austria. The seventh chapter focuses on the questionnaire and its evaluation. The aim of this survey was to determinate the knowledge of students at the third year of study at the Faculty of Management about the conclusion of pre-marital and marital agreement, their opinions, recommendations and their own involvement in this kind of contracts. The end of my Bachelor thesis summarizes its content and it is based on the knowledge resulted from the analysis of pre-marital/ marital agreement modification in the Czech Republic, Slovakia and Austria and on their subsequent comparison, my own recommendations and findings arising from the questionnaire. In conclusion, there is prepared the pre-martial agreement itself.
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