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Protection of personal rights in civil procedure
Bukovjanová, Lucie ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Resume: This thesis deals with the general personality right of individuals and its civil law protection, proceedings in the first instance. Universal personal law as the law related to any natural person, is one of the fundamental human rights. As such, the imprescriptible right, not subject to the statute of limitations, irrevocable and inalienable. Protection of personal rights of individuals is therefore included nor in the Civil Code, as a basic private personal protection legislation, either in the constitutional order of the Czech Republic, especially in the Charter of Fundamental Rights and Freedoms, just as at regional and international protection of fundamental human rights and freedoms. Civil Code, calculated individual rights (permissions), resulting from the protection of individual personality, only indicative, so that into the right to protection of personal rights of individuals includes the right to life and health, the right to civic honor and human dignity, right to privacy, the right to name and the rights to the statements of a personal nature. The protection of personality is largely shaping with the decision-making practice of courts and other personality rights arise from their conclusions. The range of civil remedies is quite broad. In my work I focuse on the protection of...
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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Marriage, its issues and economic consequences in practice in relation to recodification of the private law
Strouha, Jan ; Cvik, Eva Daniela (advisor) ; Kadlecová, Eva (referee)
The thesis deals with the issue of marriage, particularly focuses on the context of the past recodification of private law in terms of the length, frequency and complexity of the legal procedures, which are linked to marital property systems.
It deals with the institution of marriage, its development and disappearance and other terms related to this topic. It mainly focuses on marital property right, which discusses community property. The next chapter focuses on the development of matrimonial régime and matrimonial regime, as a result of marriage.
The thesis includes data acquired from the statistical survey of the District Court in Czech Budejovice. These data were further analyzed after talks with the competent judges. Some of the data were being compared with other data available across the Czech Republic in accordance with the statistics of the Czech Statistical Office and the Ministry of Justice. In this thesis, I also reviewed what the impact of the Act no. 89/2012 Sb. in matrimonial regime was and how this recodification is being perceived in practice by the judges.
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Economic analysis of voidability in the new civil code
Michálek, Jakub ; Dušek, Libor (advisor) ; Pekárek, Štěpán (referee)
This paper makes an economic analysis of juridical acts and contracts voidability under the new Czech civil code (Act no. 89/2012 Coll.) with focus on differences between absolute and relative voidability. The essence of the analysis is to estimate and evaluate the impact of the civil code on subjects' behaviour before and after entering into a contract, in particular their motivation to void the contract, and the costs imposed upon the parties under the contractual relationship. Outcomes of the analysis show that voidability lowers utility and creates incentives for opportunistic behaviour. Furthermore, we show that in some cases, voidability can be justified as economically effective means of preserving legitimate interests of one of the parties, in those cases, relative voidability should be preferred, however. The conclusions of this paper can contribute a new perspective on law during interpretation and application.
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Law in the area of multimedia
Lhotáková, Lucie ; Horný, Stanislav (advisor) ; Tomášková, Petra (referee)
This thesis, dealing with law in the area of multimedia, is divided into four parts. In the first part, the reader will become acquainted with the legal rules applicable to the area of multimedia, which form the basis for this thesis. The second part deals with the copyright law of the Czech Republic and its application to the creation of multimedia work. This part is based on the Copyright Act No. 121/2000 Coll., and connects this Act with the practical situations and is derived from personal experience and analytical research. The third part describes the creation cycle for multimedia work and introduces the potential legal issues arising. This part is notionally divided into parts, which reflect production phases of the work process. The final part is about our bachelor's project, an example of a practical application of the knowledge set out in the previous parts.
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3×10 argumentů k Lisabonské smlouvě
Lebeda,Václav
Policy Brief 3×10 argumentů k Lisabonské představuje hlavní změny, které Lisabonská smlouva přináší, objasňuje argumenty odpůrců Lisabonské smlouvy, které však Lisabonská smlouva nepřináší a přichází s deseti důvody, proč by měla být Lisabonská smlouva v České republice ratifikována.
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Innominate Contracts in Business Relations
Horčicová, Iva ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Diploma thesis Innominate Contracts in Business Relations deals with a legal basis of innominate contracts in the Czech private law. It focuses mainly on so the called Modern innominate contracts. The purpose of the thesis was to answer whether leasing, factoring and franchising contracts should be codified. Consequently, it aimed to prove or disprove that the Czech legal regulation does not reflect the recent developments in business environment. The thesis is divided into two parts. In the first chapter an analysis is carried out on the legal regulation of innominate contracts in the Czech business law, civil law, labour law and international private law. The legality of innominate contracts and the applicability of an analogy is discussed in this part. Based on the Czech legal regulations and court decisions it was concluded that innominate contracts were valid and that courts may use analogy when deciding on civil or commercial contracts. The second chapter deals with the contents of leasing, factoring and franchising contracts. It concludes that there are reasons against the codification of the above mentioned contracts. The content of an operating leasing agreement very much resembles a rental contract which might be used for this kind of leasing contract.A leasing purchase contract does not present any new answers to issues which had already been dealt with by court decisions. The substance of a factoring contract -- assignment of a receivable is already regulated by the Civil Code. A franchising agreement involves parts of many types of codified contracts and interlocks with multiple legal areas. Moreover, all the above mentioned contracts are challenged by a fast pace of development therefore a codification could hamper the progress or it could become obsolete. Based on the above mentioned facts the thesis concludes that leasing, factoring and franchising contracts should not be codified in the Czech private law as separate contract types and therefore disproves the primary proposition of this thesis and subsequently infers that the Czech legal regulations do not reflect a recent business development.
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Socialization in international regimes of human rights protection: Study of a constitutional review in Kenya
Šklebená, Karolína ; Zemanová, Štěpánka (advisor) ; Kochan, Jan (referee)
Since its independence in 1963 Kenya has been considered a democratic and non-problematic country, although it had been ruled just by two different presidents until 2002. The transformation to democracy proces followed by improvement of human rights started in 1991 and it took almost twenty years to get rid of some colonial remains in Kenya's legislation. Human rights abuses which peaked during the rule of the second president of Kenya caught attention of international activists and donors during 1990s and due to pressure from inside and outside the situation has began to ameliorate. The adoption of the new Constitution in August 2010 may be considered the biggest success of human rights defenders in the country.
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