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Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...
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The position of tax administrator in providing the national income
Lodek, Jan ; Marková, Hana (advisor) ; Karfíková, Marie (referee) ; Šramková, Dana (referee)
The focus of this dissertation is in the area of theoretical knowledge in customs law and tax law connected with practical knowledge implemented throughout legal relations, its subjects and objects, the rights and obligations of parties in the Act on Taxes and Charges Administration and the new Tax Code as a complex concept of legal proceeding within individual branch of financial law while fulfilling the determining criterion in the system of law. I understand the term "system of law" has more meanings. The system of law is a variously formatted summary of relations between the branches of objective law and legal rules. I also take the term as a set of basic legal systems. Usually it can also be described as a system based on a set of elements connected to each other by a certain structure of relations. On the other hand the system of law symbolizes the indication of the structure of law as a normative legal framework. It then represents a greater unity but also the inner differential in law. The differential sign of dividing law into branches or sub-branches is the nature of the group of social relations which are subject to legislation. The legal system (objective law) is in every country (national law) always somehow structured. The way of matching and organizing the legal institutes into branches is...
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