|
|
Matrimonial Property Regimes
Novotná, Dominika ; Šustek, Petr (advisor) ; Dvořák, Jan (referee)
1 Abstract: Matrimonial Property Regimes This rigorosum thesis addresses marital property rights in the broadest sense as encompassed by Act 89/2012 Sb., Civil Code, as amended. Chapter One gives a historical background of marital property rights. From a historical point of view, however, community property comes to the forefront and it is its historical development that is paramount to our understanding joint ownership. I first discuss Roman law, as it created the legal basis for joint ownership. I then go on to discuss in more detail the individual civil codes and related laws that have been in force in the Czech Republic since the so-called Josephine Code, which came into effect in 1787. The Josephine Code was followed by Imperial Patent No. 946/1811 Sb., General Civil Code, which was in effect in the Czechoslovak Republic until it was replaced by Act No. 141/1950 Sb., Civil Code. New Family Act No. 265/1949 Sb. also came into effect. Act No. 40/1964 Sb., Civil Code was adopted together with new Family Act No. 94/1963 Sb. and was subsequently replaced in 2014 by Act No. 89/2012 Sb., Civil Code. Based on the applicable Civil Code, community property can be viewed as a legal regime, contractual regime or a regime established by a decision of the court. The second chapter of this rigorosum thesis addresses...
|
|
|
Classification and characterization of real rights - comparison Czech republic, France
Milotová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to compare legal regulations of real rights in Czech and French legal order. With respect to current situation, when starting the 1th january of 2014, the new civil code becomes effective, this thesis deals as well with the novelties in real rights' regulation established by the law nř89/2013 of Collection of Laws, civil code. This thesis consists of seven chapters. In the first chapter, I mention the aim of the thesis, its brief content and elaboration process. In the second to sixth chapter, the thesis deals in concrete with the real rights and its institutes. In each of these chapters, the Czech legal regulation according to the current civil code is mentioned first. Then, a discourse about French regulation follows. If both regulations are same, similar or slightly or absolutely different. Finally, a comparison with the new civil code is attached to practically all chapters. If it holds the current regulation or if it establishes new notions, institutes or conception or regime of the current institutes. And provided it brings novelties if it tends by them towards the French regulation or if it choses absolutely new solutions. The second chapter deals with real rights in general terms. With their conception and systematics. The thesis deals with the question how the...
|
|
| |
guest ::
