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Termination and settlement of community property of spouses
Bednářová, Zdeňka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Community property of spouses - termination and settlement The topic of my thesis is called Community property between spouses, its termination and settlement. I have chosen this particular topic because I am interested in this area and in civil law in general and also I find it very important. Community property of spouses is a specific type of property partnership, which can exist only between spouses. The community property of spouses origins and terminates together with the marriage. Upon the termination of marriage, community property of spouses also terminates and needs to be settled. The thesis is composed of six chapters which further include under-chapters and sections. At the beginning there is an introduction into the history and development of the legal regulations of community property of spouses. Attention is given to the great amendment of the Civil Code carried into affect by Act No. 91/1998 Coll., which has brought many changes into the legal regulations of community property of spouses. Chapter two defines the basic terms connected with the issue of the community property of spouses, namely concept, establishment, subject of community property of spouses, property assets and debits of the spouses, exclusive property of each of them and also community property in connection with...
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The legal institution of settlement
Hávová, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Thesis abstrakt Legal institute of settlement The aim of the thesis is to characterize the legal institute of settlement from a general viewpoint, as well as to describe the most common situations where the institute of settlement is applied according to Civil Code. The thesis is composed of five chapters. The chapter One is introductory and characterizes the settlement as a process, in which the existing relations between subjects are liquidated while new ones are formed concurrently. The following chapter is divided into four subchapters relating to the settlement of common property. The first of them explains what the co-ownership means in Civil law. Then the both ways of termination and settlement of common property are described, i.e. the termination of a settlement of common property by an agreement of co-owners and by a decision of court. The last subchapter is devoted to legal regulations of co-ownership in new Civil Code which is expected to be passed. The chapter Three is focused on the settlement of community property. The property relations between spouses are mostly necessarily settled when the marriage has terminated by death or by dissolution of marriage. In two specific cases the community property terminates and must be settled, although the marriage still exists. It occurs in case of...
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Formation and termination of marriage with respect to property issues
Kovandová, Radka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis entitled ,,Formation and termination of marriage with regard to the proprietary aspects" is the analysis of institutions of marriage and the community property. These institutions are characterized in terms of their formation, existence and termination. The thesis is composed of six chapters, for of them dealing with formation and termination of the marriage and two of them dealing with community property. Besides these six chapters the paper also contains the introduction and the conclusion. Chapter number one contains the formation of the marriage in terms of civil law, which is analyzed marriage, bethrothment, assumptions of marriage and nuptials (eligibility for marriage, wedding statement and celebration of a betrothal), proceedings before marriage (application and documents, certificates), special ways of marriage (formation of marriage by agent, formation of marriage abroad, formation of marriage in direct danger to life fiance) and legal consequences of nuptials. Chapter number two contains contains the formation of the marriage in terms of canon law. There is described concept of marriage in canon law, betrothal and marriage preparation, the main obstacles of marriage and formation of canon nuptials in terms of closure of the ordinary, extraordinary and secret...
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Community property of spouses with a special focus on its termination
Orsáková, Andrea ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
COMMUNITY PROPERTY OF SPOUSES WITH A SPECIAL FOCUS ON ITS TERMINATION The basic legal framework of a community property of the spouses is codified in the Civil Code. In its provisions it is defined as a property community, which is bound to a formation of marriage and which can come into existence only between husband and wife. The community property of the spouses cannot occure either in a null marriage either between the unmarried partners or between the partners of the same sex, even they contract a same-sex marriage under the rule of law No. 115/2006 Sb. In many aspects, the property relations between the spouses are different from other property relationships, which rise between the unmarried partners or between the partners of the same sex. The legal consequences of a marriage contracting influence mutual relationship between the spouses as well as the legal relationship between the spouses and the third persons. In the sphere of a property law it is concerned a special sort of a joint ownership of the common property of spouses. Both husband and wife are the owners of a whole thing, they have the right to posses and use a thing, but both of them are limited by the partner's same right. In the sphere of an obligation law, the obligations related to the common property are the solidary...
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Property consequences of the divorce of marriage
Šťastná, Jana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The topic of this thesis is "Property consequences of the divorce of marriage". I have chosen this topic because of the high number of divorces that are filed for. This thesis characterises the two main property consequences of divorce, the settlement of community property of spouses and the settlement of common household of spouses. The purpose of the thesis is to compare the current legislation, contained in the Civil code from 1964 with the proposal of the new Civil code, analyse the advantages and disadvantages of both acts and express my opinion on it. The thesis is composed of eight chapters. Chapter One is introductory and defines the purpose of this thesis. Chapter Two defines the term "divorce", its three types and consequences of divorce. Chapter Three illustrates the conception of property relationships between spouses in the past. Chapter Four defines the term "community property of spouses", its consent, extent and modification. The most important and key chapters are Chapter Five and Chapter Six. Chapter Five is subdivided into seven parts and it deals with the settlement of the community property of spouses. It introduces various solutions how the community property can be divided between spouses after their divorce. Chapter Six focuses on the settlement of common household of...
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To what extent are financial statements applicable for settlement among the owners?
Radová, Karolína ; Skálová, Jana (advisor)
This thesis is focused on settlement with shareholders leaving a limited liability company. The process of dealing with leaving shareholder is based on determination of so-called settlement amount, which expresses the reward belonging to the shareholder for his business share. Settlement amount is defined by czech law and there are also several precedents issued by courts, which help to specify interpretation of the law. The aim is to define how a company should settle with a shareholder in order to do it fairly and honestly.
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A Fair Division of Property in Settlement of Co-ownership - an Appartment House
Švancarová, Jana ; Pohl,, Petr (referee) ; Šmahel, Milan (advisor)
The thesis deals with the Equitable division of real estate property - estates with a residential object, the objective of the thesis is to assess the possibility of equitable division of property - estates with a residential building as a solution of the settlement of ownership of property among the co-owners. A part of the thesis is a proposal for solving an equitable division of a residential building. The thesis consists of two parts: the first part summarizes theoretical background of equitable division of property - estate with a residential building. The second, practical part deals with the proposal for equitable division of property, estates and a residential building, including a proposal for necessary construction alterations and assessment of estate prices and construction of residential building before and after the division, a part of the thesis is also the design of ownership and financial settlement of property between co-owners with regard to size of their shares.
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Real Estate Division of the garage area
Hrdličková, Eliška ; Klika, Rudolf (referee) ; Šmahel, Milan (advisor)
The thesis is focused on assessing the possibilities of real division garage area as the first choice to balance the case of co-ownership in the absence of agreement between the venturers. The theoretical part of the work is collected all available evidence on the assessed property, including the implementation of local investigation and assessment of whether the real property division garage complex at all possible. Subsequently valuation is made by dividing the area before, quantifying the costs of real division and valuation of real estate for newly created division of property according to the above shares.
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