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Community property of spouses
Grygerová, Jana ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis is "Community property of spouses". The purpose of the thesis is to compare the current legislation, contained in the Civil Code from 1964 with the legislation, contained in the New Civil Code from 2012. I have chosen this topic because of the recodification of the civil law. The thesis is composed of nine chapters. Chapter One defines the purpose of this thesis. Chapter Two illustrates the conception of property relationships between spouses in the past. Chapter Three defines the term "community property of spouses". Chapter Four deals with the creation of community property of spouses and Chapter Five deals with the object of community property. Chapter Six and Chapter Seven focus on the subject and the modification of community property of spouses. Chapter Eight deals with the settlement of community property of spouses after a divorce of their marriage. Conclusions are drawn in Chapter Nine.
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Contractual modifications of statutory matrimonial property regime
Kalousková, Iveta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Marriage is a topic that more or less concerns all of us. Community property is a financial aspect of marriage which is inseparably tied to it. Despite it being a fundamental problem, it is not well known to the general public. For this reason the aim of this diploma thesis is to clearly and systematically summarize the issue of contractual marital property law. For better understanding, the thesis defines basic terms of statutory matrimonial property regime, and focuses on parts of community property of spouses. Attention is focused on the issue of usual family equipment, because it was removed from the matrimonial property law due to recodification, which then instituted a new matrimonial regime: The Separate Property Regime. Except for the statutory matrimonial property regime, spouses are allowed to negotiate different property regime by using a contract of modification of community property of spouses. The contractual matrimonial property regime represents a major part of this thesis. First, the thesis deals with contractual matrimonial property regime, and then it mainly focuses on types of matrimonial property contracts, its contents and its limitations. It pays significant attention to registration of matrimonial property contracts, especially to the new publicly accessible list of...
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Community property of spouses and its settlement
Muzikář, Martin ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is primarily based on analysis of practice of the courts and papers, which afford the deeper insight into the relatively short legislation. Certainly could be adopted more particular legislation of the settlement of community property of spouses, decisions on such matters but may not look like as a "juristic machine", which is limited by the particular provisions of law. A key role is played by the legal conclusion of an experienced lawyer who, after analysis of the situation, adjudge in the spirit of the flexible provisions of the law. During the work on this thesis, I therefore had to deal with the different views on the problem and with the obsolete ideas. The work responds to a relatively large number of interpretative differences with the declaration of my own opinion on the problem supported by the relevant arguments. Today we face a very anxious fact that the number of marriages since 1989 is sharply decreasing. This issue is further analyzed in the first chapter where I pointed to some stimuli, which could weaken this trend. It could be very beneficial to realize a sociological research on the factors that cause this adverse trend. In the future it will be interesting to see how these numbers will be affected by the new legislation (i. e. law No. 89/2012 Coll., Civil Code). I...
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Property impact related to divorce
Paseková, Martina ; Hendrychová, Michaela (advisor) ; Radvanová, Senta (referee)
Divorce is a legal act of marriage termination. It is a moral and legal problem effecting all the spheres of social and family lives of the parties, intervening mainly the property sphere of social lives of a couple, concretely the common property of a married couple, living of a married couple and upbringing and maintenance of their under age children. Within my thesis named "Property impact related to divorce" I will pursue these three property spheres affected by divorce. The aim of my thesis is to find the best way how to proceed in cases the marriage is deeply and constantly ruptured and the only solution to discontinue the mutual disputes is to divorce. In such cases the married couple appears in a new and for them unknown situation in which they will have to solve the issue of future upbringing, maintenance of their children, division of the common property and the question of living. If the partners are not able to communicate with each other and try to solve the whole situation, then the divorce can set off lengthy, financially demanding and mutually devastating conflicts, which can influence their further life and primarily lives of their children who suffer from divorce the most since they lose their life certainty which are both parents and common family environment and appear, not at...
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Property Consequences of the Termination of Marriage, Comparison in German and Czech Law
Vrchotová Neumannová, Kateřina ; Zvára, Michael (referee)
The aim of this thesis is to summarize and analyze the concept of matrimonial property law with an emphasis on the consequences and possible measures if the marriage is reversed or terminated by divorce. In addition to the introduction of this institute in the Czech legislation, this work also deals with the legal regulation of matrimonial property law of the Federal Republic of Germany. The work is focused on the development of matrimonial property law after the private law recodification in the Czech Republic, altogether with setting the term into historical context and evaluating the influence of previous legal regulations. The historical introduction of the Czech and German legal regulations is followed by a chapter devoted to the issue of formation and termination of property relations between spouses in both countries. As divorce is the most common way of termination of marriage and property relations in both countries, special attention is paid to the consequences that spouses may be affected by, as well as to the options that can be chosen in the event of marriage and property relationships being lost during the life of the spouses. As a result, one of the chapters also lists property regimes that exist in addition to the statutory regime, thereby, in the Czech Republic a contractual regime...
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Seizure of property of the obligor spouse in execution of judgement proceedings
Vernerová, Martina ; Pohl, Tomáš (advisor) ; Frintová, Dita (referee)
1 ABSTRACT SEIZURE OF PROPERTY OF THE OBLIGOR SPOUSE IN EXECUTION OF JUDGEMENT PROCEEDINGS The topic of this rigorosum thesis is seizure of property of the obligor spouse in execution of judgement and execution proceedings. "Seizurable property" in this context is property in community property of spouses (the obligor and their spouse), together with other property values belonging to the obligor spouse, such as their pay, pecuniary claims and other property rights that are not part of community property of spouses. The question of seizure of these other property rights has been a subject of an ongoing debate to which this thesis aims to contribute. Not much attention was paid to the issue of seizure of property of the obligor spouse in the past, but over the course of the seven last years, it has seen three major legislative changes which have made it a subject of public debate. These modifications, however, have also made it difficult to grasp for parties to a case, courts and court executors in their practice. Therefore, the aim of the present thesis is to critically assess the relevant legislation in selected periods of time, analyse its bases as well as its impacts on the obligor spouse in execution of judgement proceedings, and to point out to facts that have escaped the notice of experts. The thesis...
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Community property focused on its termination and settlement in the regulation of the Czech Republic with regard to the regulation in the UK
Bezpalec, Zdeněk ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
in English Community property focused on its termination and settlement in the regulation of the Czech Republic with regard to the regulation in the UK. This thesis deals with community property of spouses, especially with its termination and settlement. The aim of the thesis is to critically analyze in detail the community property of spouses in the Czech legal system and also in the British legal system. Another aim of the thesis is to emphasize some differences between the contemporary legal framework and the previous legal framework of proprietary consequences of marriage and to predict whether the existing cases could still be used in the light of the (new) civil code (‚ob anský zákoník').The last and perhaps the most significant aim of this thesis is to compare the Czech legal framework of community property of spouses and the principles of its settlement with the British legal framework of proprietary consequences of marriage. With regard to the comparative part, this thesis is not only a theoretical treatise, but it can also serve as a source of inspiration for the Czech legal system de lege ferenda. .
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Settlement of community property of spouses under current legal regulation
Macek, Radomil ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with issues concerning community property of spouses with a special regard to its settlement. The objective of the thesis is to summarize the development of property regimes between spouses starting from community property up to the current legislation, that has been subjected to a detailed analysis and evaluated in the context of the previous regulation as well as other valid legal institutes, which are of matters similiar to those of community property settlement. The first chapter of the general part of the thesis provides a brief summary of previous regulation of matrimonial property regimes and focusing on three principal questions, namely the extent of community property of spouses, the possibility to adjust the extent of community property of spouses and the settlement of community property. The second chapter covers the principal concepts that are relevant to the settlement of community property of spouses. The key part of thesis begins with a summary of fundamental changes, concerning the community property settlement, that were established by the new Civil Code in 2014. The chapter dealing with the extent of community property of spouses first emphasizes the changes of the extent of community property, and then concentrates on the most important ones, that have influence...
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Settlement of the community property of spouses according to Czech and German legislative
Seböková, Michaela ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
The assumption according to the Czech regulation of statutory joint ownership of property during a settlement is that the share of both spouses in the joint property is equal. However, the principles of settlement under § 149 ObčZ are to be considered. According to one of these principles, it has to be considered to what extent each spouse has provided for the family and contributed to the acquisition and preservation of the joint property. The joint ownership of property acquired under German law is more promoting the sole breadwinner model. This is particularly evident in the scheme of consequences in case of divorce. Gain equalization enables that spouse to take share in the property acquired (i.e. gain) in the course of the marriage who for reasons of homemaking forwent taking part in property acquisition. The statutory matrimonial property regime according to Swiss law is the joint ownership of property acquired which includes both the gain during marriage and the personal property of each spouse. According to Article 205 ZGB, in case of liquidation of the matrimonial property regime, each spouse takes back his/her property that are in the possession of the other spouse. Thereafter, property of each spouse is divided into personal property and in property acquired (gain). The settlement...
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Community property of spouses
Grygerová, Jana ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis is "Community property of spouses". The purpose of the thesis is to compare the current legislation, contained in the Civil Code from 1964 with the legislation, contained in the New Civil Code from 2012. I have chosen this topic because of the recodification of the civil law. The thesis is composed of nine chapters. Chapter One defines the purpose of this thesis. Chapter Two illustrates the conception of property relationships between spouses in the past. Chapter Three defines the term "community property of spouses". Chapter Four deals with the creation of community property of spouses and Chapter Five deals with the object of community property. Chapter Six and Chapter Seven focus on the subject and the modification of community property of spouses. Chapter Eight deals with the settlement of community property of spouses after a divorce of their marriage. Conclusions are drawn in Chapter Nine.
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