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Community property
Bartková, Miroslava ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
The presented thesis is called Community property. It deals with property relations between spouses as well as relations between spouses and third parties. The work deals with the characteristics of community property of spouses. It refers primarily to the current legislation; however, one part is dedicated to the historical development of the institute because of its importance. The thesis tries to outline issues that may arise between the spouses while applying their rights and obligations, but also simultaneously to find appropriate solutions. All this using the available specialized sources such as literature, law, or findings of the expert public.
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Marriage from the point of view of civil and canon law
Procházka, Petr ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 Název práce v anglickém jazyce Marriage from the point of view of civil and canon law Abstract Marriage is an important legal institution that affects a large number of the population. Marriage as we know it today evolved out of church marriage, and it is not only because of this that the two types of marriage that exist side by side with mutual respect for each other today are very similar in many ways. The purpose of this study is to describe and analyse the two types of Marriage, compare them to each other, and make comparisons with a focus on the variations between the two marriages. The objectives and purpose of the study are stated in the Introduction and the success of the objectives in the Conclusion. In the first part (chapters 1 and 2), the author focuses exclusively on civil marriage, from its historical development and legal sources, through the phase preceding the formation of marriage and the wedding ceremony representing the creation of marriage, to its dissolution. A significant part is also dedicated to the procedural aspects of divorce procedure, which represent a completely special type of civil procedure. The second part of the work, consisting of Chapters 3 and 4, deals with marriage under canon law. The content the second part of the study corresponds to the first part of the work,...
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Community property de lege lata
Svejkovský, Vít ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to introduce the issue of marital property, which I consider is still up to date. That is what I also learned during an internship at the court. I chose this topic mainly because I find it very interesting and important. This topic is very closely related to the family, which I consider to be the core of the society. The society without the family could not simply work. Joint property of spouses is one of the key nodes of the society. Not only the relationship between the spouses themselves, but also in relation to third parties. The thesis consists of six chapters, where most of them are further divided into subsections. The first chapter deals with the historical context of the development of joint property. This leads to an understanding of the current legislation. The second chapter deals with how the joint property is created and what constitutes the content of the joint property. That means assets and liabilities. In addition, it is pointed out what by the law cannot be part of the joint property. The third chapter of the thesis deals with the disposal of the joint property of spouses. Such disposal of joint property management concerns not only common, but also the non-common administration. Also an important point in this part is the relation between business activities and...
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Marriage
Zemánková, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Marriage The aim of this thesis is to describe legal institution of marriage - from the conclusion of marriage to the ending of it - according to the current legislation. I compare main changes introduced by the new Civil Code with legislation before 1st of January 2014. The reason I chose this topic was the fact that institute of marriage affects everyday life of almost every individual. My thesis is composed of five chapters. Each of them deals with different aspects of marriage. Besides these five chapters this thesis includes Introduction, Conclusion, Index of Appendices and the List of Bibliographical References. Chapter one concentrates on the most important changes in the Family law area during the modern history, including recent recodification of private law. This chapter also contains summary of the main legal sources of marital law and examines the term marriage itself and its purpose. Chapter two focuses on the conclusion of marriage. Main focus is on engagement, the actual process of marriage, the purpose of marriage, proceedings preceding the conclusion of marriage and the types of forms of marriage. Conclusion of marriage based on extraordinary situation, qualifications to conclude marriage and its legal impediments are also discussed. Chapter three discusses putative marriage and...
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Marriage
Daňková, Jana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
70 ABSTRACT The topic of my Master's degree thesis is institution of "Marriage". I chose this topic because I am interested in family law and I would like to be an attorney focusing on this area of law in future. I also think that marriage is an important legal and social institute, which proves its long-standing history. This thesis reflects the historical development of the law but it mainly deals with legislation in force. Specifically it deals with the origin of marriage, dissolution of marriage and the legal consequences that legal negotiation brings. I also pay attention to the legal regulation of rights and responsibilities of spouses. The thesis is divided into five chapters. The first chapter is dedicated to an introduction. The next three chapters deal with the actual institution of marriage and its aspects. The fifth and last chapter is the conclusion. In addition to these chapters thesis contains the Content, the Bibliography and the Annexes. The second chapter describes the historical development of legal regulation of marriage. This chapter is divided into two subchapters, the first of which is devoted to marriage in Roman law and the other depicts the development of legislation marriage on Czech territory. Chapter Three discusses legislation in force of marriage in the Czech Republic and...
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Divorce proceedings
Neumanová, Nikola ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The subject matter of my Master's degree thesis is the issue of divorce proceedings. The main aim of this thesis is to put an interpretation on the currently effective legislation on divorce proceedings and divorce itself as it follows mainly from Act No. 292/2013 Coll., on Special Judicial Proceedings and Act No. 89/2012 Coll., the Civil Code. Divorce is the only legally permissible way in the Czech Republic how to terminate marriage within both spouses' lives. It leads to severe legal consequences affecting not just spouses themselves but alternatively their legitimate children as well. Therefore it requires a set of special rules and special proceedings so that courts may ascertain the presence of the irretrievable breakdown of marriage which only justifies allowing divorce and decide spouses' personal and property relations in connection with divorce. This thesis is divided into five parts which all bear certain relation to divorce proceedings. The first part provides an overview of divorce regulations throughout Czech history up to now. The second part firstly addresses the relation between substantive law and procedural law regarding divorce. Subsequently, it focuses on substantive legislation on divorce in the Czech Republic. All local possible types of divorce, the divorce ground and results...
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Discharge of debts of the spouses
Šůsová, Táňa ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Havel, Bohumil (referee)
Discharge of debts of the spouses Abstract Discharge of debts represents, on principle, a new institute, which has been implemented into our law by the Insolvency Act with effect since 1. 1. 2008. However, the lawmakers have only implemented an expressed regulation of the joint discharge of debts of the spouses by the amendment with effect since 1. 1. 2014. In her paper, the authoress has been focused exclusively on the discharge of debts from the perspective of the spouses; therefore, not only the discharge of debts of the spouses as separate debtors but also the spouses as the community of debtors. In her paper, the authoress has been focused on the interpretation of the historical development of the joint discharge of debts of the spouses from the effect of the Insolvency Act, through its amendments up to the current wording thereof, including the illustrations in insolvency proceedings and judicial decisions. In several points, the prepared amendment to the Insolvency Act, which has been debated by the Chamber of Deputies of the Parliament of the Czech Republic, has also been mentioned in several points. In this paper, the authoress has outlined a brief introduction to the discharge of debts as a remedial form of the solution of the bankruptcy of the debtor. She has pointed out the development of the...
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Marriage
Kováčová, Lucie ; Salač, Josef (advisor) ; Šustek, Petr (referee)
88 Abstract Thesis title: Marriage In my thesis I deal with pernament and unchangeable characters of marriage, including terminology, and also transformations of the marriage in relation with changing of the legislation and transformation of the society. The main object of my thesis is to give a structured and summary image of the problematics marriage with context of present legislation but also historical events for a reader. At first three chapters I dedicated to the theoretical aspects of the marriage which are important for the understanding of primary terminology and historical contexts. From the fourth chapter ,,rights and obligations of spouses" I tried to route my thesis more to the practice of matrimonial law. One of the most important and the most difficult part of marriage are property relations between spouses, especially at divorce is sometimes very difficult to deal with the property between spouses. I deal with property between spouses in chapter 5th . Property settlement between spouses closely related to termination of the marriage, especially to divorce. I deal with termination of the marriage in the chapter 6th . I again tried to refer especially about practice of termination of the marriage, not only practical aspects of the relations between divorcing spouses, but also about relations...
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Divorce proceedings
Neumanová, Nikola ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The subject matter of my Master's degree thesis is the issue of divorce proceedings. The main aim of this thesis is to put an interpretation on the currently effective legislation on divorce proceedings and divorce itself as it follows mainly from Act No. 292/2013 Coll., on Special Judicial Proceedings and Act No. 89/2012 Coll., the Civil Code. Divorce is the only legally permissible way in the Czech Republic how to terminate marriage within both spouses' lives. It leads to severe legal consequences affecting not just spouses themselves but alternatively their legitimate children as well. Therefore it requires a set of special rules and special proceedings so that courts may ascertain the presence of the irretrievable breakdown of marriage which only justifies allowing divorce and decide spouses' personal and property relations in connection with divorce. This thesis is divided into five parts which all bear certain relation to divorce proceedings. The first part provides an overview of divorce regulations throughout Czech history up to now. The second part firstly addresses the relation between substantive law and procedural law regarding divorce. Subsequently, it focuses on substantive legislation on divorce in the Czech Republic. All local possible types of divorce, the divorce ground and results...
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Marriage
Hrušková, Lucie ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The main object of this thesis is to summarize the most important aspects of legal institution of marriage from its conclusion and duration to the ending of it in accordance with the current legislation. I also focused on main changes connected with passing the new Civil Code and I clarified the essence of some new legal institutions. I chose the topic "Marriage" because it is a legal institution that affects life of everyone and therefore it is useful to be familiar with these issues and be aware of rights and duties connected with marriage. The thesis is composed of six chapters which deal with particular aspects of marriage. The aims of the thesis are set in Introduction and the thesis is terminated by Conclusion where results of my thesis are summarized and evaluated. Besides that the thesis includes Content, Index of Abbreviations, Bibliography and Annexes. First chapter focuses on categorization of marriage into the Czech legal system and its position in it. I mention here the most important sources and basic principles of Family law. I explain the term and the purpose of marriage because its definition is crucial for all thesis and I state the most substantial differences between marriage and registered partnerships. Chapter two is dedicated to the conclusion of marriage. I concentrate on...
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