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Law regulating property of spouses
Němečková, Adéla ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012). The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil Code for the division of property used after certain...
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Community property focused on settlement after its termination
Linhartová, Aneta ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...
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Discharge of debts in case of community property
Tomáš, Michal ; Pohl, Tomáš (advisor) ; Smolík, Petr (referee)
Discharge of debts in case of community property Debt discharge is in Czech legal order relatively new legal institution and its application still gives rise to a number of questions and doubts. This work primarily focuses on situations when the discharge of debt concerns the community property. It means on one side the common discharge of spouses and on other hand discharge of debts of married debtor, whose spouse did not petitioned to permit debt discharge. We also concentrate on personal scope of debt discharge institution, mainly because it is not clear, whether the entrepreneur can also take advantage of debt discharge, or not. Further we would like to point out that present valid and effective articulation of the Insolvency Act does not include institution of common debt discharge of spouses, which has been created by insolvency courts but its application has not been unified. It is also not clear how would be the spouse of debtor who filed a petition to permit debt discharge and their community property affected by the discharge procedure, when the spouse of the debtor is not party to a case. We also deal with a problem, how should creditors file the applications of the receivables against the spouses and how to review these receivables, when the statutory regulations are missing and the...
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Oddlužení jako způsob řešení úpadku
Minaříková, Petra ; Moravec, Tomáš (advisor) ; Valenta, Petr (referee)
The Bachelor's thesis deals with the discharge of debts of a natural person which is governed by the Act No.182/2006 Coll., on Insolvency and Methods of Resolution (the Insolvency Act) and that came into force on January 1st 2008. The aim of this thesis is to provide a fundamental analysis of this non-eliminative method of resolving insolvency and the underlying issues are illustrated by the rulings of the high courts and the Supreme Court of the Czech Republic. The last chapter is devoted to the collective debt relief of the husband and wife, whose bankruptcy estate belongs to community property; this issue is practically created by the practice of the insolvency courts, because the Insolvency Act does not introduce it.
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Community property in business
Jurmanová, Lucie ; Žák, Květoslav (advisor) ; Nývlt, Jaroslav (referee)
The aim of this thesis is the interpretation of current legislation of community property in the context of business activities of one or both spouses. After the review of current legislation, the theoretical part of this thesis focuses on the community property - its definition, creation, modification and termination. The theoretical part also focuses on the prenuptial agreement - its definition, requirements, conditions for entering into and its current popularity. The practical part of this thesis then introduces two real model situations illustrating issues concerning prenuptial agreements, where one or both newlyweds are entrepreneurs.
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Case Study - Divorce and its conditions
Volosyuková, Natalia ; Spirit, Michal (advisor) ; Žák, Květoslav (referee)
This work is aimed towards the divorce, primarily towards the undisputed divorce by the agreement. A divorce at nowadays is a frequent phenomenon. But there is only few people who knows abot it enough. The most of people do not know how does it work. The goal of this work is to analyze the question of divorce and show on the example hod does it work, warn to certain circumstances and its pitfalls. During the writing is made the emphasis on the concept of family and marriage. There is also examined in detail pre-nuptial agreement. Very important issues are alimony to minor children and joint property of spouses, of community property.
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