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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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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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Law regulating property of spouses
Němečková, Adéla ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (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) and the comparison of Czech and Austrian legislation. 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...
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Law regulating property of spouses
Němečková, Adéla ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (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) and the comparison of Czech and Austrian legislation. 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...
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Law regulating property of spouses
Němečková, Adéla ; Hendrychová, Michaela (referee) ; Thöndel, Alexandr (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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|
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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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|
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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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