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Determining paternity in Czech and French law
Hlavinková, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Determining paternity in Czech and French law The main subject of the thesis are the determination of paternity and the denial of paternity in Czech and French legal systems. The aim of the work is to compare individual aspects of establishing paternity in both legal systems, to present the basic concept and specifics of the legal regulations foreseen by law, to point out possible gaps in the given legislation and to examine selected factual situations and problems related to this issue. The thesis is systematically divided into four chapters. The first chapter deals with the historical development of the legal rules of both legal systems, from the times of Roman law to the present. The development of methods used to determine paternity is also outlined here. The second chapter focuses on the issue of determining paternity, which is based on a system of legal presumptions. In addition to introducing individual legal presumptions and their regulation in Czech and French legal system, this chapter focuses on the differences between the Czech and French legal systems and points to specific factual situations that are insufficiently regulated in the given legal system, or not regulated at all. The aim of the third chapter is to systematically present the issue of denial of paternity in both legal...
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Divorce in Czech and French law
Mrázek, Miroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee) ; Spoustová, Ivana (referee)
This doctoral thesis deals with one of the key institutions of Czech and French family law, divorce. Divorce is not merely a concept from some legal textbook. The specific fate of spouses, and even entire families, are tied up with it. This comparative study of Czech and French divorce law is divided into five main chapters and a statistical excursus. This thesis first discusses the historical and legal developments for ending a marriage, i.e. divorce, in both countries. This is followed by an analysis of the current substantive and procedural aspects of divorce in the Czech Republic. The focus of the work is an analysis of both procedural and substantive reform of divorce law in France and its fundamental differences from Czech divorce. Subsequently, it examines the consequences of divorce, possible future Czech legislation dealing with divorce and the innovations included in the French divorce law. The work ends with a presentation of relevant statistical data. The theoretical analysis of the institute of divorce is accompanied by practical examples of legal cases, current case law, conceptual solutions from specialists in the field of family law, as well as assessments from the author of this thesis.
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The Comparison of Legal Forest Protection in the Czech Republic and France, including Relevant Context
Čeřovský, Martin ; Drobník, Jaroslav (referee) ; Stejskal, Vojtěch (referee)
The rigorous thesis proceeds from the mutual confrontation of the Czech and French legal institutes, aiming to the protection and treatment with one of the most important environmental life zones - the forest. In view of the historical roots, proceeding in both cases from the continental legal system influenced by Roman law as well as by the European Community law, the thesis reveals a large scale of significant similarities and notifies the most important divergences by comparative method, searching the resembling French legal regulations to the Czech body of laws. The hereby presented work further documents the most considerable variances from a formal point of view, for example the existence of a vast Forest Code in case of the French regulation or an increased constitutional protection assured by the Environmental Charter. From the material point of view, the French forest legislation completely lacks any key term definitions and also the target group of the regulation differs - there is about 74% of the private forest owners in France, whereas within the Czech Republic, this number is practically inversive.
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Comparison of approaches to the issue of the concurrence of performance of the function of a member of the statutory body and the employment relationship in commercial corporations in the French and Czech legal order
Babulíková, Kateřina ; Josková, Lucie (advisor) ; Pelikán, Robert (referee)
Comparison of approaches to the issue of the concurrence of the performance of the function of a member of the statutory body and the employment relationship in commercial corporations in the French and Czech legal order The possibility of concurrence of the performance of the function of a member of the statutory body and the employment relationship within one company is traditionally non regulated by Czech legal order. The solution is based on case law which, due its rigorous approach and poorly developed argumentation, does not offer neither clear answer to the question, nor the sufficient level of legal certainty. The thesis aims to analyse the approaches to the issue of the concurrence and its solution in France and the Czech Republic respectively, compare this approaches and propose possible adjustments in the approach of Czech justice to the issue, regarding the decision of the Czech Constitutional court from 13th September 2016, no. I. ÚS. 190/15. The thesis is divided into four parts. First part defines the basic legal notions in context of the legal orders of both countries. In the second and third part are described both approaches to the issue of concurrence of the performance of the function of a member of the statutory body and the employment relationship in France and the Czech...
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Divorce in Czech and French law
Mrázek, Miroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee) ; Spoustová, Ivana (referee)
This doctoral thesis deals with one of the key institutions of Czech and French family law, divorce. Divorce is not merely a concept from some legal textbook. The specific fate of spouses, and even entire families, are tied up with it. This comparative study of Czech and French divorce law is divided into five main chapters and a statistical excursus. This thesis first discusses the historical and legal developments for ending a marriage, i.e. divorce, in both countries. This is followed by an analysis of the current substantive and procedural aspects of divorce in the Czech Republic. The focus of the work is an analysis of both procedural and substantive reform of divorce law in France and its fundamental differences from Czech divorce. Subsequently, it examines the consequences of divorce, possible future Czech legislation dealing with divorce and the innovations included in the French divorce law. The work ends with a presentation of relevant statistical data. The theoretical analysis of the institute of divorce is accompanied by practical examples of legal cases, current case law, conceptual solutions from specialists in the field of family law, as well as assessments from the author of this thesis.
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The Comparison of Legal Forest Protection in the Czech Republic and France, including Relevant Context
Čeřovský, Martin ; Drobník, Jaroslav (advisor) ; Stejskal, Vojtěch (referee)
The rigorous thesis proceeds from the mutual confrontation of the Czech and French legal institutes, aiming to the protection and treatment with one of the most important environmental life zones - the forest. In view of the historical roots, proceeding in both cases from the continental legal system influenced by Roman law as well as by the European Community law, the thesis reveals a large scale of significant similarities and notifies the most important divergences by comparative method, searching the resembling French legal regulations to the Czech body of laws. The hereby presented work further documents the most considerable variances from a formal point of view, for example the existence of a vast Forest Code in case of the French regulation or an increased constitutional protection assured by the Environmental Charter. From the material point of view, the French forest legislation completely lacks any key term definitions and also the target group of the regulation differs - there is about 74% of the private forest owners in France, whereas within the Czech Republic, this number is practically inversive.
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Enterprises in the Czech republic and in France
Zítková, Klára ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The thesis deals with enterprises in the Czech republic and in France from the legal point of view. Nowadays, the most establishing enterprise is Limited liability company. This is the main reason why the thesis focuses on this type of enterprise. The first chapter contains introduction to terms. The second and third chapters deal with enterprises in both countries, especially s.r.o. and SARL. The thesis describes the process of establishing of a company, relations of company and its owners, rights and obligations of company's representatives and the process of dissolution of a company. The last chapter contains comparison of the legal system s.r.o. and SARL.
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