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Easements - A comparison of Czech and Austrian legislation
Kůstka, Filip ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Easements - A comparison of Czech and Austrian legislation Abstract The diploma thesis deals with the institute of easements and a comparison of selected problems of the law of easements in the Czech and Austrian law. The diploma thesis has two main objectives. The first objective is to provide a basic overview of the legal regulation of selected problems of the law of easements in the Czech and Austrian law. The second objective is then to evaluate, based on this overview, which legal regulation solves these problems better. The subject of comparison in Czech and Austrian law are those selected problems which cause considerable difficulties in practice. These are, firstly, the issue of the creation of an easement by way of usucaption, with a focus on the comparison of the concept of good faith in the case of ordinary and extraordinary usucaption, and secondly, the determination of the scope of subjective rights arising from easements. The thesis is divided into an introduction, 5 main chapters, which are further divided into subchapters, and a conclusion. The first chapter deals with the definition of the concept of easement itself. The second chapter deals with the historical development of private law in the territory of the present-day Czech Republic and Austria from the second half of the 18th century...
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Duty of due managerial care - a comparative point of view
Kasl, František ; Josková, Lucie (advisor) ; Černá, Stanislava (referee)
The main goal by writing of this thesis was to provide a contribution to the discussion regarding the interpretation of selected legal terms contained in the Czech concept of the due managerial care, with the help of comparison with the development of this legal element in the law of neighbouring Austrian republic, which is (to my knowledge) still not significantly professionally accounted for in our academic environment. The Austrian concept of the duty of due managerial care is in Czech academic literature not often considered, therefore I offer in order to allow for mentioned comparison in this thesis an overview analysis of the present legal regulation of the duty of due managerial care in Austrian law, whereas emphasised are the aspects, which are further used in the breakdown of constituent issues, alternatively aspects, which distinguish Austrian law from Czech law. I am trying to provide deeper insight into selected number of topics and to formulate my own conclusions regarding partial issues with the help of comparative findings from the Austrian law in the relation to the most common form of business corporation, the limited liability company. The thesis is divided into two parts, whereas in the first part I deal with the element of due managerial care from the analytical viewpoint of the...
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Damage compensation in cross-border cases focused on sport injuries
Stránská, Kateřina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation deals with the relationship between sport and the law, in conjunction with private international law. For more than a century sport passed through an important period of development. Many sports have been successfully forgotten, some have survived, and many can be included as the new sports with a tradition of several years or decades. Legal theory and legal practice so far took no particular need to take the issue of sports opinion. Sport is an objectively existing category in nature regardless the law. However, questions regularly associated with sports injuries and their resulting consequences emerged. The growing need for legal regulation of sport industry is primarily related to risks that sports bring to their surroundings and also to athletes. In the foreground there is the application of civil law, which affects compensation for damage to health and sports injuries. Clear solution has not been found to this day. The main goal of this thesis is to evaluate the current state winter sports legislation with an emphasis on skiing. The main topic of the dissertation is responsibility for damages in connection with ski injuries. Another objective is a certain attempt to process selected issues of mutual relations between sport and the law with a particular focus on the comparison...
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Progress and present of divorce regulations in Czech and Austrian law
Procházková, Lenka ; Radvanová, Senta (advisor) ; Hendrychová, Michaela (referee)
My thesis deals with the legal regulations of divorce in the Czech Republic and in Austria. The thesis is divided except in six chapters, except for the introductory and final chapter. The subject of my thesis is the historical progress of the divorce legislation in both countries, the characterization of the divorce causes, divorce legal proceeding and hardship clause, but also the characterization of the legal relationship between children and parents after the parents' divorce and divorce rate. The main method is the comparative method, which compares aforesaid issues related to the divorce. The intention of the thesis is to express the differences and to find the common features of the regulations of the divorce in the Czech and Austrian law.
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Comparison of the enterpreneurship in the Czech Republic and Austria
Pastrňák, Martin ; Kalinová, Miluše (advisor) ; Koucká, Jiřina (referee)
This work is concerned with the comparison of the entrepreneurship in the Czech Republic and in Austria from the legal point of view. The first two chapters deal with the possibilities of carrying out business as a sole trader and the possibilities of establishing various kinds of companies, that may be established according to Czech and Austrian law. The whole work is mainly focused on legal entities. Private bodies are just mentioned in the first two chapters. The following chapters are concerned with the mostly used forms of companies (legal entities) with regard to the rights and duties of the founders and partners participating in a company. Each part is separately concerned with founding or establishing companies and with the rights of the founders respectively of the owners of each legal form of companies. In particular cases, where the companies have to establish bodies, e. g. the board of directors, the tasks and rights of these bodies are mentioned. Last but not least the practice use of the different legal forms of companies is compared. Enclosures shall depict the great variety of possibilities of carrying out business or establishing companies according to Austrian law and show the main differences between the legal entities.
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