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Good Faith in private obligations
Baier, Jaroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee)
in English, key words Title: Good Faith in private obligations Abstract: In this thesis, the importance of the "good faith" in Czech private law and its role after recodification of Czech private law is being studied. The thesis is divided into three key parts. In the first two parts part, we deal with good faith as an open texture, consider the question whether it is a legal principle or not and in the third part, we study the relationship of good faith to selected institutes of Czech private law. The Civil Code significantly reinforces the role of open textures in order to allow for flexibility in an application of a legal norm, and good faith plays an important role in this context. Furthermore, we deal with two aspects of good faith, in the objective and subjective sense. Whilst many academicians see good faith in an objective sense as a standard of conduct in the framework of which everyone must exercise their rights and duties, good faith in its subjective sense is understood by some of the academicians as a state of mind that is endowed with legal protection. In this thesis, we present our view in the sense that we consider good faith as a combination of the two approaches outlined above. We draw this conclusion on the argument that in order to assess whether a person is in good faith or...
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Legal biennal an the activity od political comitee in 1948-1950
Frantalová, Anna ; Šouša, Jiří (referee)
Legal biennal and the activity of political comittee in 1928-1950 The dissertation deals with the activities and composition of the Political Commission of the Ministry of Justice and its role in the recodification work during the so-called legal biennial, ie in the period 1948-1950. During this period, new legislation was created in all major branches of the law and resulted in a complete reconstruction of Czechoslovak law. The aim of the present work is to study and approach the work of the political commission in the course of the recodification work, including its insertion into the deeper context of the re-codification in the Czechoslovak Republic, and to demonstrate that the political commission has in fact and fundamentally influenced the final form of these legal regulations. Given that the concepts of codecs elaborated in the preceding period became the basis for the recodification work during the legal biennial period, the first part of the dissertation is devoted to these previous attempts to recodify the main branches of law in the 1920s and 1930s and their outcomes in the form of curricula of the individual codes. In the next part the attention is paid to the legal two-year legal. In the first place, the author discusses in general its legal anchoring and publication, as well as the...
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Optimalizace procesu uzavírání smluv v praxi závodu
Svobodová, Alena
The diploma thesis focuses on contracting process in company practice. The main aim of the thesis is to propose recommendations for optimizing the process of contracting in particular company practice, when the first step is to perform analysis of contracting process. This thesis is divided into two parts. The first part is dedicated to literature research concentrating on changes in contract law after the recodification of private law in the Czech Republic and contract for work. The second part deals with analysis of contracting process and contract for work in company practice, consequently identifying their deficiencies and proposing steps to avoid the negative impact to contract sides. Found deficiencies, including recommendations for improvement are summarized at the end.
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Comparison of legal order of holding of community property of spouses according to the statute number 40/1964 Sb. and statute number 89/2012 Sb.
Tůma, Daniel ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This diploma thesis deals with a comparison of two civil codes. Statute number 40/1964 Sb. and statute number 89/2012 Sb. The law science speaks generally in connection with passing of statute number 89/2012 Sb. about recodification of private law. The term of recodification does not mean only adjustment of legal text in more elegant and especially more systematic way, but also removing of some problems in the legal order. The civil code from 1964 was created in another social circumstances and therefore the legal public hoped with passing of statute number 89/2012 Sb. for removing of some defects in civil law. These defects were caused by the selected method, the law should have adapted through this method to new social circumstances. This diploma thesis compares family law (as institute) according to legal order, which was in force before and after the day of 1. January 2014. The conception of family law before this date, so according to the civil code from 1964, arose at the time of intellectual peak of socialism and the task of this thesis is to find, where the family law was moved by the new civil code. From the reason that the whole family law would be too extensive topic for research within one diploma thesis, this diploma thesis deals only with research of one small part of family law, that...
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Preliminary injunction and its execution
Nerada, Aleš ; Frintová, Dita (advisor) ; Macková, Alena (referee)
Preliminary injunction and its execution - Abstract The aim of this thesis, in particular, is to describe and define, as thoroughly as possible, the preliminary injunction incorporated in the OSŘ, including related case law. Such a preliminary injunction is traditionally used in situations when immediate intervention of the court is necessary, because in the respective case it is not convenient for the claimant to wait for the final decision of the court. Along with the abovementioned, I also analyse the preliminary injunctions regulated by the ZŘS. It is also my aim to analyse the enforcement process of preliminary injunctions regulated by the OSŘ and EŘ and to define the main differences between them and describe some of the modes of enforcement of preliminary injunctions. I also look at the possible criminal consequences in cases where a preliminary injunction is infringed. Last, but not least, the aim of this thesis is to analyse what is considered in relation to preliminary injunctions de lege ferenda. The thesis is composed of eight chapters, the subject matter of the thesis can be found in chapters three to seven. The first two chapters deal with a general introduction to the topic and in the eighth chapter the conclusions of the thesis are drawn. The third chapter examines current proceedings and...
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Selected issues of recodification in the context of tax and accounting in hindsight
Görgesová, Karolína ; Molín, Jan (advisor) ; Králíček, Vladimír (referee)
The bachelor thesis deals with law recodification as well as its impact on accounting and tax legal regulations. The aim is to present certain selected issues, assess their impacts and development, and analyse their possible solutions. The first part introduces the issue of gratuitous income. It consists of the analyses of the Business Corporations Act and the Civil Code, followed by a tax and accounting analysis of the solution. The second part focuses on the payment or possible return of profit sharing advancements and contains the analysis on the Business Corporations Act and the Civil Code and their link to the existing accounting and tax complexities. Related to the former is the publication of Chamber of Deputies print No 873/0, known as the Tax Package. The third part deals with the issues of authorized capital and contingency fund. Similarly to the former ones, this part also presents analyses of the Business Corporations Act and the Civil Code as well as tax and accounting solutions. The thesis also features illustrations and graphic examples.
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Unjust enrichment in business law
Koláček, Michal ; Horáček, Vít (advisor) ; Čech, Petr (referee)
The thesis analyses the legal concept of unjust enrichment in business law. General legal regulation of unjust enrichment itself has never been included in Commercial Code though it had to be interpreted according to the general regulation contained in the Civil Code. This conception remained unchanged even after the re-codification of civil law, which abolished the Commercial Code, thus we no longer need to differentiate between legal relationships which are of a commercial nature and those which are not. The conclusions reached by the Supreme Court in correlation with the previous legislation cannot be completely abandoned - based on the transitional provisions of the Civil Code - the preceding legislation, and therefore the conclusions of the case law relating thereto, remain applicable. The thesis analyses unjust enrichment, mainly from the perspective of civil law. The commercial aspect is provided in comparison to the previous legislation which focuses on the specifics or application problems in relation to unjust enrichment that have arisen in commercial law. For this purpose, the thesis deals with related legal concepts such as limitation of claims resulting from unjust enrichment, the invalidity of legal acts, etc. The thesis consists of five chapters. The first chapter analyses the...
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The criminal procedure law recodification from 1948 to 1950
Bláhová, Ivana ; Kuklík, Jan (advisor) ; Gřivna, Tomáš (referee) ; Vojáček, Ladislav (referee)
The aim of this dissertation work is to analyze the progress of recodification works during the so-called two-year legal plan, this being illustrated on preparations of the Criminal Procedure Code. The conclusions can be applied to contemporary efforts of recodification of the Criminal Procedure Code - especially from the organisational and material point of view. The first part of the paper deals with the state of criminal procedure law in Czechoslovakia before the commencement of the two-year legal plan and with the recodification attempts between 1918 and 1947. The next chapter describes the two-year legal plan, its announcement, development, organisation of work and results. It is followed by a chapter devoted to the preparation of the Criminal Procedure Code itself. This part analysis the activities of the Ministry of Justice in this respect, the codification department of the Ministry of Justice, its codification committee and subcommittees. In 1949 the subcommittees drafted a fundamental bill that served as a basis for the preparation of the outline of the Criminal Procedure Code elaborated at the beginning of 1950. This dissertation also provides a detailed analysis of the legislative process and an overview of influences of the organs of the communist party on the final version of the...
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Unjust enrichment in business law
Vydrová, Zuzana ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws with particular specialization, but these laws are not subject of this thesis. For these laws the subsidiary legislation is included in the civil code., therefore this thesis focuses on the general regulation of unjust enrichment included in the civil code. Further the thesis continues with a historical development of both business law and unjust enrichment. The historical view begins with roman law, continues with the regulation of unjust enrichment under the ABGB and ends with regulation under the so. socialist law. Further in the text is referred to the historical chapter to facilitate understanding of a present regulation. Next chapter of the thesis describes the current regulation of unjust enrichment, mainly under the civil code, and from the reason mentioned above it is not going into the particular...
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Partner's Position in a Personal Business Company
Kocián, Michal ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
The rigorous thesis "Partner's Position in a Personal Business Company" deals primarily with rights and obligations of partners / limited partners arising to them upon their participation in the general or limited partnership (the "Company"). The focus of this thesis is the examination of these rights and obligations in light of the recodification, i.e. upon coming into effect of Act No. 89/2012 Coll., the Civil Code, and Act No. 90/2012 Coll. on business corporations and cooperatives (the Business Corporations Act). Both laws referred to in the previous sentence became effective on 1 January 2014. The aim of this rigorous thesis is to describe not only each of these rights and obligations of a partner of the general/limited partnership but also to characterise individual problems brought about by this re-enactment and to find at least some way out of such problems, if possible. Hence, the work resolved, on the one hand, the partner's rights, i.e. the right to a share in profit, the right to the reimbursement of expenses incurred by the partner in settling the Company's affairs, the partner's right to the settlement share and to a share in the liquidation balance, The thesis also deals with issues concerning the statutory body of the Company, the management of the Company's business, the partner's right to...
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