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The Trust Funds
Hollmann, Jakub ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Summary: I chose the topic of my master's thesis considering the recency of the subject according to the recodification of private law. Legal institute of trust has been in Czech lands since 19th century and nowadays it experiences it's controversial return. Although the recent legal form of trust is defended by authors of the new Civil Code, experts criticise it roughly and there are ongoing negotiations about abrogation of the legal institute or about its amendment. This thesis is composed of ten thematic chapters. After the introduction I explain the origin of the legal institute of trust in Roman law, specifically in the form of fideikomis and its development. As the legal form results from The Civil Code of Québec highly influenced by the legal institute of trust, I focus on the legal institute of trust in common-law countries in the third chapter. I also dedicate one chapter to The Civil Code of Québec, as it was the main source of inspiration for Czech legislators. For a period of absence of the legal regulation of the trust in Czech law, according to the Hague Convention it was possible to create foreign trusts on the territory of the Czech Republic. For that reason I discuss the legal regulation of trusts abroad in chapter five. Sixth and seventh chapter is dedicated to the regulation of trust in...
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Usurious contracts
Budík, Ondřej ; Moravec, Tomáš (advisor) ; Levý, Jan (referee)
Bachelor thesis deals with the legal issue of usurious contracts in the Czech Republic, especially in the narrow sense of the word. Analyzes the current criminal and private law, while trying to answer whether the New civil code has brought crucial legal tools for fighting usury. Theses is also considering the appropriateness of the possible implementation of the interest rate ceiling into the Czech legal syste and assesses the current legislation
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Case study - Divorce and its circumstances
Nouzová, Eva ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
In my thesis I dealt with divorce. The aim was to highlight the circumstances of a real case which a person can be encountered with during divorce proceedings, with special focus on child custody. What has been analyzed is the old legislation of family law as well as view from a perspective of the new Civil Code. In the end of the work, progress of divorce proceeding and approach of responsible authorities has been evaluated.
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Impact of the new Civil Code on various legal areas
Novotný, Lukáš ; Hásová, Jiřina (advisor) ; Spirit, Michal (referee)
The work addresses impact of the new Civil Code and recodification as such on selected laws. The first chapter analyzes the impact of the new Civil Code on the Income tax law and the consequences of this impact. The second chapter deals with the impact of the recodification on the notarial law and demonstrates terminological and factual amendments made to this law. The third chapter is concerned with the projection of the new Civil Code in the Labour Code and the impact of the new Civil Code on the relationship between these two codes. The work mainly uses methods of comparison and analysis. Legislation before the amendments of 2014-01-01 is compared with current legislation and the observed changes are subsequently analyzed.
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Steering gear of inheritance in Czech Republic
Charvátová, Karolína ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The theme of dissertation is "Inheritance and steering gear of inheritance in Czech Republic" because I widen the original theme of procedural law to material law - inheritance, according to New Civil Code (NOZ) which brought to Czech legal order many changes, also in the area of inheritance in Czech legislation. The thesis also analyses the changes which brought Zákon o zvláštních řízeních soudních. Dissertation then compares the new and the old legislation, highlights its pluses and minuses and also resolves if the new legislation is better the the old legislation and where are these changes obvious. This thesis should be general knowledge of changes in area of inheritance and steering gear according to NOZ, not at all detailed processing of institutes of inheritance law. Practical part of the thesis analyses judicature and three concrete testaments.
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Zmluva o dielo podl´a nového občianskeho zákonníka
Varhoľová, Zuzana
This thesis is concerned with the issue of contract for work under the new civil code. The main objective of this work, based on the analysis of particular con-tracts for work, concluded between entrepreneurs, is to analyze the degree of effectiveness of securing legal means and formulate general recommendations for businessmen who are using the contract for work. The work is divided into two parts, theoretical and practical. The first part deals with the recast of the law and changes arising from there, specializing in the changes concerning the contract for work. The theoretical part deals with contractual relations, following a detailed contract for work. The practical part consists of an analysis of individual contract articles and recommendations for preventing the defaults in contracts. Finally, the practical part represents a summary of the deficiencies and recommendations to solve them.
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Rekodifikace občanského práva a její dopad na podnikatele v oblasti cestovního ruchu
Moserová, Veronika
This paper deals with the recodification of civil law and its impact on tourism entrepreneurs in particular the tour operators and travel agencies. The theoretical part focuses on explaining the concepts that relate to the new Civil Code and the description of the biggest changes that this amendment brings. In the practical part, the survey was designed to determine how entrepreneurs in tourism are familiar with the changes that occurred in tourism after January 2014, and also what financial costs these changes brought.
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