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Liability of minors for debs - comparation with FRG
Dietschová, Sofie ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Liability of minors for debs - comparation with FRG Abstract: The diploma thesis is devoted to the topic of liability of minors for debts in the Czech Republic and in the Federal Republic of Germany. The thesis focuses on debts arising from legal acts of minors and on the legal institution of limitation of the liability of minors. This institution was adopted into the Czech legislation last year and its inspiration comes from the German legislation. The thesis is divided into three parts. Each part is further divided into chapters and sections. Each part of the thesis, with the exception of the first part, uses both analytical and comparative method. The first part of the thesis summarises, in relation to the both the German and Czech legal regulation, the main reasons for the adoption of the institution of limitation of the liability of minors and the prevailing opinions in the expert discussion leading to its adoption. The first chapter of the second and third parts is devoted to an analysis of the applicable legal regulation in the Federal Republic of Germany, the second chapter of the said parts contains an analysis of the legal regulation in the Czech Republic. The third chapter of the second and third parts of the thesis deals with a comparison of the German and Czech legal regulation. The aim of this...
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Legal capacity of minors in Czech and German law
Kočárková, Marta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This thesis is focused on legal capacity of minors. The main issue is an extent and circumstances under which minors are legally incapacitated to oblige themselves and to influence their own legal relationships. The thesis is divided into four main parts. The first part is focused on general definition of legal capacity and the basic concepts of dealing with limited legal capacity. Second part is dealing with evolution of legal capacity from the foundations set by roman law, it's development on Czech territory to the approval of recent civil code and development in Germany. Third part contains an interpretation of German legislation. I pursue the German legislation first because it is very sophisticated and provides us with plenty of vantage points on different aspects of the Czech legislation. The part dedicated to the German legislation subdivided into two chapters, where the first one focuses on general characteristics of the legislation and the principle of graduated legal capacity of minors and the second part deals with minors without legal capacity and minors with limited legal capacity. In the fourth part the Czech legislation is analyzed. First I focus on consideration of minors' capability to act independently with legal effects, then on evaluation of nature of legal acts, representation...
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Legal capacity of minors in comparison with German Law
Ćwierzová, Simona ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis focuses on legal capacity of minors. Maturity of a person depends on his or her age and the development of a personality is consecutive, therefore each legal system must deal with a question how to incorporate a capacity of minors (going through this development) to cause legal effects with own acts. These persons need a higher degree of protection and a different intensity of control or surveillance. Based on general description of several theoretical approaches to the issue the solution chosen in the Czech Republic and in Germany is being closely analyzed. The text of this thesis is divided into five chapters. Firstly, the Czech legislation concerning the issue is being explained. In the first chapter all the basic terms are defined and also the system of legislation regarding legal capacity is shortly outlined. The second chapter includes detailed analysis of legislation concerning legal capacity of minors. The basic criterion for assessment of capacity to cause legal effects with own acts is intellectual and volitional maturity. This criterion is complemented with special cases of a minor acting with consent of his legal representative, operation of business and performance of dependent work. The thesis also mentions acquisition of full legal capacity before reaching the age of majority...
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Restriction of legal capacity proceedings
Čapková, Julie-Karolína ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Restriction of legal capacity proceedings Abstract This diploma thesis deals with the legal regulation of legal capacity proceedings. Integral part of this thesis is also analysis of related legal capacity substantive law and also other supportive measures such as preliminary declaration, representation of household member and assistance contract. The procedure which leads either to restriction of legal capacity, time extension, change or cancellation of the restriction is however the main point of this thesis. The goal of this thesis is to provide comprehensive view on this type of proceedings in the context of relevant case law and courts practice. Thesis also shows the practical use of this institute in Czech Republic. It also contains the issue of mental illness and its impact on the daily life, the number of persons restricted in their legal capacity, the lenght of court proceedings and the issue of ID cards not containing the information about restricted legal capacity and its possible associated negative consequences. The author tries to suggest possible solutions to the problematic aspects of the legislation and current praxes. The thesis is divided into four chapters. In the first chapter, the author writes about the possible alternatives the legal regulation offers to people who are not fully able...
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Restriction of legal capacity proceedings
Krejčí, Zuzana ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
This diploma thesis primarily deals with the legal frame of the restriction of legal capacity proceedings, which is contained in the Code on Special Court Proceedings (Act. No. 292/2013 Sb.) effective from 1. 1. 2014. For that purpose the thesis works with particular legal institutions of substantive law contained in the Civil Code (Act No. 89/2012 Sb.), such as legal capacity (a capacity to make juridical acts) and its restriction. The thesis is focused especially on the course of the proceedings resulting in the decision to restrict legal capacity or to accept any other appropriate measures. The author also describes two particular aspects of the proceedings, which are the duty of the court to see an individual whose legal capacity is subject to the consideration and the possible ways to make a decision by which the legal capacity is restricted. The aims of the thesis are to describe legal regulation of the restriction of legal capacity proceedings, previous and recent case law dealing with this issue and to evaluate their influence on the individuals whose legal capacity has been restricted. The author also seeks to propose a possible solution to the problems related to the restriction of legal capacity proceedings. The diploma thesis is divided into 4 main chapters. The first chapter is...
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Legal capacity proceedings
Machová, Miroslava ; Frintová, Dita (advisor) ; Kubešová, Silvia (referee)
This thesis examines legal capacity and its restriction. The legal capacity of a person makes along with his legal personality an inherent and inalienable component of his personality that enables him to act legally. It is therefore a prerequisite of his self-realization and active participation in society. Legal capacity and legal personality are components so significant, that they cannot be relinquished. Not even partially. Unlike legal personality, a person's legal capacity can be restricted by a court order. And it is the very legal capacity proceeding, this thesis focuses on. In view of the fact, that procedural law is reflected in substantive law, part of this thesis also concerns with the analysis of legislation contained within the Civil Code (Act. No. 89/2012 Coll.). The thesis thoroughly analyses individual stages of a legal capacity proceeding and the subsequent legal provisions and court decisions. The thesis is divided into two parts and eight chapters. The first part discusses substantive regulations of legal capacity. In the introduction to the first chapter, I draw attention to an alteration in legal terminology and a new conception of legal capacity restriction according to the legal regulation that came into force on the 1st of January 2014. Subsequently I define the concept of...
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Ethical aspects of guardianship
ŠIMKOVÁ, Petra
This thesis discusses the issues of public guardianship in the current practical and legal context. It deals with human rights, the question of the limitation of incapacitation, and the conditions that must be met. I present here, what the different types of guardians are, or what are the rights and obligations of a guardian. I think about the ethical issues in conjunction with guardianship, that relate to human dignity and freedom. In conclusion, through talks I'm trying to look into practice of public guardianship and determine what problems the public guardians deal with.
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Practical Implications of Restrictions on Legal Capacity in Terms of Public Guardians
ANDĚLOVÁ, Miroslava
This diploma thesis provides an insight into the issue of public guardianship in the Czech Republic from the point of view of public guardians, who in practice have to face a lot of problems in connection with the new legislation. The work is divided into several parts. The theoretical part consists of nine subchapters which define the basic concepts used in guardianship, mentioned in the Act No. 89/2012 Coll., The Civil Code, which deal with the basic principles and history of guardianship, the development of legal regulation of the guardianship institute and the legislative framework of guardianship. It also provides more detailed information on the Institute of Limitation of Authenticity and Guardianship, a public guardian, and the last subchapter focuses on enumerating the mental disorders that a public guardian may encounter with their clients. The empirical part defines objectives, methods of research and own results, which are illustrated and described in tables, discussion and in the final summary. The main objective of the work was to map the activities of public guardians in relation to persons with limited authority, the partial aims were to find out how the public guardians were looking at legislative changes in the area of limiting the authority and to identify the risk areas associated with the limitation of the authority. These research objectives have been addressed: In what areas are the public guardians working in relation to persons with limited authority? What experience does a public guardian have with the absence of information on the limitation of the person's authenticity in the ID? What are the precautionary measures in relation to persons with limited authority from the point of view of public guardians? The diploma thesis was processed by the method of qualitative research using the semi-structured interview technique and the open coding method was used to evaluate the data. The research group consisted of seven social workers who work on municipalities in the South Bohemian Region and act as a public guardian. The research survey highlighted the complexity, importance and necessity of the work of the public guardian and the problems associated with it, where there is a lack of specific legislation and a more detailed methodology in this area. The research also shows that public guardians do not always have good experience with the new legislation, especially the lack of evidence of the limitation of the authenticity of the caretaker's identity card is a problem in practice, and the new institute of supportive measures is not used too much. This diploma thesis could serve as a comprehensive information material for the general public as well as for the members of the public caregiver in the municipalities.
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The Legal Capacity and Guardianship from the Perspective of Clients and Professionals.
BOROVSKÁ, Kateřina
The topic I have chosen for my thesis is Guardianship and Legal capacity from the points of view of both clients and professional public. This thesis is divided into a theoretical and a research part. The theoretical part of the thesis presents information on legal capacity, guardianship and also on the person of the guardian. A relatively large space is devoted to guardianship, thus the theoretical part includes information on, among other, appointing and selecting a guardian as well as on the guardian´s rights and obligations and surveillance of the guardian. The thesis also mentions other selected institutes of the Civil Code that can be of assistance to persons with mental disabilities, without limiting their legal capacity. Another topic of importance dealt with in the theoretical part is human rights, both in the sense of general sources of human rights and the sources of rights of persons with intellectual disabilities. Furthermore, the theoretical part of the thesis gives a brief overview of characteristics of persons with mental disabilities and the etiology of mental disability. The research part states findings of the research that was conducted by the strategy of qualitative research. The method of data collection was interrogations and semi-structured interviews. The research group included people with mental disabilities limited in their legal capacities as well as representatives of professional public who are in some way involved in the guardianship institute and who deal with this issue in their work on a daily basis. The main aim of the thesis was to find out how clients with intellectual disabilities and representatives of the professional public perceive guardianship and related issues. In addition, conducted research investigated whether clients know what role the guardian plays in their lives and whether they know their rights and obligations. Last but not least, the views of the professional public on the role of guardian in the client's life and also the experience of the professional public with the application of selected rights and obligations of clients were looked into. Results of the survey have given base to understanding how clients and the professional public perceive guardianship, what their views of rights and obligations of clients and guardians are, how demanding they find to be a guardian and last but not least, what role a guardian should play in their ward´s life.
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