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The Substance of the Right of Usufruct
Czinege, Matěj ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
The Substance of the Right of Usufruct Abstract This thesis deals with the content of the right of usufruct, i.e. its substance. It defines it on the basis of an analysis of the rights and obligations of both the usufructuary and the bare owner. It looks more closely at the issue of the principle of salva rerum substantia and its significance for usufruct as such. It shows that this principle applies as a limitation on the usufructuary's enjoyment of the thing. The thesis then turns to the duty of the usufructuary to maintain the thing and puts it in context with the duty to maintain the thing. The present work defines the individual rights of the usufructuary and also his obligations under the law. It also looks in more detail at the duty of the usufructuary to hand over the thing after the usufruct is over. It does not overlook the special position of the usufructuary in the case of a usufruct over fungible fungible things and principal deposited at interest. It also deals similarly with the rights and obligations of the bare owner, particularly in relation to the subject-matter of the usufruct and the usufructuary. In many respects, the work brings new insights into Czech legal scholarship regarding the institution of usufruct. It defines in more detail the terms substance and form in relation to...
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A comparison of the legal regulation of relationship between parents and children in the CR and Italy
Limburský, Jakub ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
A comparison of the legal regulation of relationship between parents and children in the Czech Republic and Italy The purpose of this thesis is to provide an overview of the basic differences between legal regulation of the relationship between parents and children in the Czech Republic and Italy. This theme was chosen because of the different historical development and social conditions in both countries, which results in a different concept of parenthood and other relations derived from it. The study is divided into three main parts, that in particular reflect the formation and area of application of relations between parents and children and eventually means of protection of a child as long as he is not provided with proper care in his family environment. These parts are: a) parenthood, b) the content of relationship between parents and children, c) substitute parenthood and substitute education. Each part contains two chapters for a better comparison. The first always briefly outlines the Czech legal regulation and the second chapter is devoted to a deeper explanation of the Italian regulation. Basic differences of both legal systems are explicitly highlighted. Subchapters focus on individual legal institutions of family law relating to the relationship between parents and children or other...
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Pacta Sunt Servanda in Recent Civil Law
Novotná, Dominika ; Šustek, Petr (advisor) ; Salač, Josef (referee)
1 Pacta Sunt Servanda in Recent Civil Law Abstract The thesis deals with the brocard of pacta sunt servanda and its application in the current Czech civil law. After a brief explanation of the historical circumstances and a concise description of the historical development of private law in Czechia, the first chapter outlines the establishment and the practical confirmation of the pacta sunt servanda principle in the judicial rulings of the Czech Constitutional Court after year 1990. The second chapter analyzes the natural law doctrines that have informed the authors of the Civil Code in drafting the law, including the principle of pacta sunt servanda. The third chapter of the thesis reviews the practical expression of the principle that agreements must be kept, and promises are binding in the applicable provisions of the Civil Code. The freedom of contract is one of the essential tenets of the private law, which gives parties freedom to decide whether to enter into a contract, with whom and the freedom to decide (acting in mutual respect of the equal autonomy of the persons involved) about the contents of the contract. But the freedom is also accompanied by responsibility. One of the possible consequences of the pacta sunt servanda principle is a party's duty to negotiate with care and not to lead a...
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The Legal Institute Settlement with Regard to Act No. 89/2012 Coll., Civil Code
Spálovská, Tereza ; Hendrychová, Michaela (advisor) ; Frintová, Dita (referee)
The purpose of this work is to think about the legal institute settlement from a general standpoint, first of all describe its conception, meaning of this conception in civil law and afterwards introduce the specific ways of settlement in detail according to Czech Civil Code effective today and Civil Code effective in future. The work is divided into five chapters. Chapter One introduces and defines the legal institute settlement as a one of the most significant institutes of civil law in property relations field. Chapter Two is called Settlement of (shared) co-ownership and is divided into six subchapters. The first part explains what co- ownership means in civil law. The second part deals with the formation and termination of co- ownership. Settlement is necessary after the dissolution of co-ownership. Hence the third part and fourth part describe the ways of settlement. It is possible by means of agreement between the co-owners or by means of judgment. The fifth part deals with the ways of settlement by means of judgment. Last part describes the co-ownership and its settlement in light of the Civil Code effective in future. Chapter Three is devoted to the settlement of community property and consists of ten subchapters. The first and second part deal briefly with the legal form of organization of...
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The main principles of liability for damage in civil law
Nevláčilová, Lucia ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
1 This Master's degree thesis entitled "The main principles of liability for damage in civil law" is concerned with the general matters and principles of the legal regulation of liability for damage. The purpose of this study is to apprise the readers of the main principles of liability for damage, to explain the existing legal regulation of this institute and to point out to the extensive judicial practice in this legal area, which supplements the effective legal regulation in a considerable extent. The thesis focuses on the legal regulation of liability for damage contained in Act No. 40/1964 Coll., the Civil Code, and doesn't deal with the different legal regulation of liability for damage, which is included in the Commercial Code or in the Labour Code. In the present-day society causing harms is practically a day-to-day part of our lives. On the basis of this fact the institute of liability for damage is a frequently occurring, broad and interesting area of law. This is also the reason, why I chose this topic and why I want to clarify it to the readers. This thesis is composed of seven chapters, which focus on the most important issues concerned with liability for damage. The first chapter contains an explanation of the term of liability for damage and a general explanation of the legal regulation of...
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A comparison of the legal regulation of relationship between parents and children in the CR and Italy
Limburský, Jakub ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
A comparison of the legal regulation of relationship between parents and children in the Czech Republic and Italy The purpose of this thesis is to provide an overview of the basic differences between legal regulation of the relationship between parents and children in the Czech Republic and Italy. This theme was chosen because of the different historical development and social conditions in both countries, which results in a different concept of parenthood and other relations derived from it. The study is divided into three main parts, that in particular reflect the formation and area of application of relations between parents and children and eventually means of protection of a child as long as he is not provided with proper care in his family environment. These parts are: a) parenthood, b) the content of relationship between parents and children, c) substitute parenthood and substitute education. Each part contains two chapters for a better comparison. The first always briefly outlines the Czech legal regulation and the second chapter is devoted to a deeper explanation of the Italian regulation. Basic differences of both legal systems are explicitly highlighted. Subchapters focus on individual legal institutions of family law relating to the relationship between parents and children or other...
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