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Representation
Jirásková, Alena ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The Master's degrese thesis analyse the institute representation in the civil materiál law. It characterises representation globally and tries to digestedly make general scheme which is made on the basis of the legal regulations and second bibliography. The representation in the civil material law could be resolve into the different subsets according to the various conditions. On of the possible ways of the dividing is direct and indirect representation. Indirect representation could be defined as acting of the representant in his own name on behalf of the represented person. Direct representation is acting of the representant in the name of the reperesented person and on its behalf. The rights and the duties come up directly for the represented person. The representation in the civil material law is divided into the contracting representation and the legal representation. The legal representation originated directly in the law or on the basis of the decision of the state power body. The example of the representation which results from the law is the representation of the underages because they do not have full legal status. The legal representation which is result of the decision of the state power body is called also tutelage. The tutelage is possible for he underage persons but also for the...
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Representation
Horčičková, Anna ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract Representation This thesis concerns the institute of the representation in effective legislation of civil law particularly in the Act no. 89/2012 Coll., Civil Code. This institute is very important for each person, no matter it's age or profession, because everybody in his live needs to use the representation. Not only have I focused in my thesis on the part of the Civil Code which is called representation, but also on the other parts that contain representation as well. My thesis is divided into nine chapters, in which I am dealing with representation based on the decision of the court as well as the contract or the law. At the beginning my thesis describes historical basis of representation and also short glimpse to the previous legislation. The next chapter deals with chosen types of the representation that are not regulated in the chapter III of the Civil Code, but I also consider them as really important and very useful in practice. The most of the thesis is focused on the part of the Civil Code that is named the representation. Firstly general provisions are described where I specially focus on the power of attorney, its form and necessary provisions. In the representation based on contract belongs also procuration, where I included its origin, its extent, form and termination. The thesis...
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Representation
Komárek, Tomáš ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Representation: This thesis on the topic of representation is focused generally on behalf of the Institute. It mainly deals with the rules contained in Civil Code, Act no. 89/2012 Coll. It desribes basic concepts and methods of resolution representation. Its interpretation focuses on the diferences between any forms of representation. In that case, it is not possible to write up the entire institution of the representation, which was one of the largest in the law. This work is therefore focused on the substantive representation, and especially on the conditions for the creation and termination of contractual representation and on guardianship and especially guardianship of individuals. The thesis contains also an outline of the historical development of the Institute's presence in our law, but again, considering the vastness of representation, it is not an exhaustive analysis, but merely mentioning the most significant sources. An element of this thesis is also an overview of the procedural representation in civil court proceedings. Adoption of the Civil Code Act no. 89/2012 Coll. had to institute represented a significant impact when to applicable law brought many new important sub-institutes, and greater clarity.
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Power of attorney and its significance in civil law
Kaňková, Petra ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Power of attorney and its significance in civil law First, in my thesis I generally dealt with the representations, I outlined the historical development, I mentioned very briefly adjustment of the legal representation and then I examined the conditions a person must meet in order to become a representative. The emphasis was put mainly on the distinction of the various terms associated with the institution of representation by power of attorney, as a unilateral act of the principal. Although the main part of the thesis was focused on adjustment in the Civil Code, I also mentioned provisions of the Commercial Code and a separate chapter is devoted to modify the representation by power of attorney in the Civil Procedure Code. The importance of representation by power of attorney is very significant, so I explored this part in a separate chapter. As this institute is used in practice almost every day, I focused on individual persons authorized to represent and on their most important rights and obligations. The aim of the chapter on certain types of contracts was only to point out some differences between them, not to provide their detailed analysis. An interesting and inspiring chapter then focuses on the comparison of Czech legislation with the legislation of Australia. In the last chapter I tried...
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Representation upon a Power of Attorney
Krupová, Petra ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
The aim of this thesis is to clarify the legal regulations of the institute of the representation with an emphasis on the representation upon power of attorney (contract representation). Thanks to the extent of this work it is impossible to encompass the whole matter of the representation in a way that would be worthy of an analysis. In this thesis it is written about the historical roots of the legal regulations of the representation which are already enshrined in Roman law. The main part of the adjustment is de lege lata. The general adjustment of the representation has to be searched in the valid and effective Civil Code (The Law No. 40/1964). We can meet the partial legal regulations in other branches of the legal code too, for that reason other legal statutes related to the topic of this work are discussed. The thesis deals with the application problems in practice and numerous law cases of the law particularly of higher courts. The attention is also focused on two initiatives within the European Contract Law - the Principles of European Contract Law (PECL) and the Draft Common Frame of Reference (DCFR). Finally it is necessary to pay - now approved - the new Code of Civil Rights, which represents an extensive legislative work and as the complex is an important legislative step in the times of...
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Representation
Čermáková, Nikola ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Representation The thesis on the representation is aimed generally on the institute of representation, basic concepts and resolution methods of representation. Given the scope of the thesis is not possible to cover discourse about all forms of representation and therefore is focused on substantive representation, whether contractual, statutory representation and other specific forms, especially human guardianship and guardianship of legal entities or representation of legal entities. In the thesis are included as information on the historical development of the Institute's the representation, especially since the general Civil Code and therefore early 19th century and comparison of current legislation contained in the Civil Code of 1964 and the new Civil Code, effective from 1 January 2014. Raised the major changes that will occur in the near future in the regulation of the representation, as well as outline the basic problems that this adjustment could bring in the practice of law. Is also pointed out to adjust representation in European law, konrkétně the Principles of European Contract Law and the Draft Common Frame of Reference.
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Representation
Jirásková, Alena ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The Master's degrese thesis analyse the institute representation in the civil materiál law. It characterises representation globally and tries to digestedly make general scheme which is made on the basis of the legal regulations and second bibliography. The representation in the civil material law could be resolve into the different subsets according to the various conditions. On of the possible ways of the dividing is direct and indirect representation. Indirect representation could be defined as acting of the representant in his own name on behalf of the represented person. Direct representation is acting of the representant in the name of the reperesented person and on its behalf. The rights and the duties come up directly for the represented person. The representation in the civil material law is divided into the contracting representation and the legal representation. The legal representation originated directly in the law or on the basis of the decision of the state power body. The example of the representation which results from the law is the representation of the underages because they do not have full legal status. The legal representation which is result of the decision of the state power body is called also tutelage. The tutelage is possible for he underage persons but also for the...
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Representation
Horčičková, Anna ; Dvořák, Jan (advisor) ; Elischer, David (referee)
1 Abstract Representation This thesis concerns the institute of the representation in effective legislation of civil law particularly in the Act no. 89/2012 Coll., Civil Code. This institute is very important for each person, no matter it's age or profession, because everybody in his live needs to use the representation. Not only have I focused in my thesis on the part of the Civil Code which is called representation, but also on the other parts that contain representation as well. My thesis is divided into nine chapters, in which I am dealing with representation based on the decision of the court as well as the contract or the law. At the beginning my thesis describes historical basis of representation and also short glimpse to the previous legislation. The next chapter deals with chosen types of the representation that are not regulated in the chapter III of the Civil Code, but I also consider them as really important and very useful in practice. The most of the thesis is focused on the part of the Civil Code that is named the representation. Firstly general provisions are described where I specially focus on the power of attorney, its form and necessary provisions. In the representation based on contract belongs also procuration, where I included its origin, its extent, form and termination. The thesis...
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