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Legal acting
Skřejpek, Jakub ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
- Legal actions Jakub Skřejpek Key words: Legal actions, manifestation of the will, interpretation Legal actions are generally classified as legal facts, which have effect on the creation, modification and termination of legal actions. Legal actions occur in the sphere of civil law. Legislation of legal actions is included in the current Civil Code, which also provides what conditions must be satisfied to make a legal act valid and vice versa, which is an invalid legal act, either absolutely or relatively. To be valid, a legal act must be a manifestation of the will, which is directed specifically to the creation, modification or termination of a legal relationship and the law must connect such a manifestation of the will with legal consequences. This legal specification is in the Civil Code. In the current draft of the new Civil Code, however, such a definition of legal actions is missing, and are specified only the consequences of legal actions. You can expand, that the validity of any legal action depends on the expression of the will of the acting person, which must be capable of acquiring rights and duties. The validity of the legal action is necessary for the expression of the will of the person to be free, serious, specific and comprehensive enough. It must not be done in distress or under...
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Invalidity of Legal Acts in the Czech Law in Comparison with Law of Germany
Dosoudilová, Petra ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic "Invalidity of Legal Acts in the Czech Law in Comparison with the Law of Germany" has been chosen because of its importance in the system of the Czech Civil Law. Invalidity of legal acts concerns every subject and object of legal relationships. Nowadays this topic is also very actual due to the recodification of Civil Law which brings fundamental changes. Comparison with German legislation is very contributive thanks to its consistency during 20th century that is in contrast with inconsistency of Czech legislation caused by political changes (especially by 40 years of communism in the territory of the Czech Republic). The thesis is divided into six chapters and each chapter contains three parts. The first part deals with the old regulation under the Act No. 40/1964 Coll., the second one the new regulation under the Act. No. 89/2012 Coll. and finally the third one discusses the German regulation under the German Civil Code. The first two chapters are designed to provide an overview of mainly theoretical resources. The first chapter concerns with legal acts as the most important legal facts and their concepts. Requirements of legal acts, terminological and conceptual changes under New Civil Code and furthermore concept under the German law are described here. The second chapter deals with...
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Legal acting
Skřejpek, Jakub ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
- Legal actions Jakub Skřejpek Key words: Legal actions, manifestation of the will, interpretation Legal actions are generally classified as legal facts, which have effect on the creation, modification and termination of legal actions. Legal actions occur in the sphere of civil law. Legislation of legal actions is included in the current Civil Code, which also provides what conditions must be satisfied to make a legal act valid and vice versa, which is an invalid legal act, either absolutely or relatively. To be valid, a legal act must be a manifestation of the will, which is directed specifically to the creation, modification or termination of a legal relationship and the law must connect such a manifestation of the will with legal consequences. This legal specification is in the Civil Code. In the current draft of the new Civil Code, however, such a definition of legal actions is missing, and are specified only the consequences of legal actions. You can expand, that the validity of any legal action depends on the expression of the will of the acting person, which must be capable of acquiring rights and duties. The validity of the legal action is necessary for the expression of the will of the person to be free, serious, specific and comprehensive enough. It must not be done in distress or under...
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