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The legal institution of settlement of property
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Salač, Josef (referee)
The legal institution of settlement of property The aim of my thesis is to analyze the legal institution of settlement of property and the impact of the new civil code and its principles. The legal institution of settlement of property forms an essential part of the legal order and as such is an institution which is very important in a day to day life. My research seeks to characterize several types of this institution, to describe the different aspects of each of them and to compare the code civil in force and the new one, i.e. the civil code no. 40/1964 and civil code no. 89/2012. The thesis is composed of 7 chapters, each of them exploring different institution of settlement of property. The first chapter, as an introductory chapter, presents the basic principles, evolution and the changes in different types of settlement of property. Second chapter deals with the settlement of the ownership including settlement of residential property. In the next chapter I examine the settlement of tenancy by entirety, the duties and rights that are related to this institute. The fourth chapter characterizes the unjust enrichment and its settlement particularly in the context with the co-ownership. The fifth chapter focuses on inheritance and the following chapter deals with the claims arising from association....
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The Legal Institute Settlement with Regard to Act No. 89/2012 Coll., Civil Code
Spálovská, Tereza ; Hendrychová, Michaela (advisor) ; Frintová, Dita (referee)
The purpose of this work is to think about the legal institute settlement from a general standpoint, first of all describe its conception, meaning of this conception in civil law and afterwards introduce the specific ways of settlement in detail according to Czech Civil Code effective today and Civil Code effective in future. The work is divided into five chapters. Chapter One introduces and defines the legal institute settlement as a one of the most significant institutes of civil law in property relations field. Chapter Two is called Settlement of (shared) co-ownership and is divided into six subchapters. The first part explains what co- ownership means in civil law. The second part deals with the formation and termination of co- ownership. Settlement is necessary after the dissolution of co-ownership. Hence the third part and fourth part describe the ways of settlement. It is possible by means of agreement between the co-owners or by means of judgment. The fifth part deals with the ways of settlement by means of judgment. Last part describes the co-ownership and its settlement in light of the Civil Code effective in future. Chapter Three is devoted to the settlement of community property and consists of ten subchapters. The first and second part deal briefly with the legal form of organization of...
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Proving in process of termination and settlement of community property of spouses
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Proving in the process of termination and settlement of community property of spouses This thesis deals with the issue of evidence in civil proceedings in the process of termination and settlement of community property of spouses, primarily from the point of view of civil procedural law. However, it is necessary to discuss briefly the issues of civil substantive law. Therefore, Chapter One analyses general questions about community property of spouses as a concept of civil substantive law - the formation, alteration, termination and settlement of community property. The following chapters are listed according to the course of civil proceedings. Chapter Two focuses on the commencement of civil proceedings and the trial. Chapter Three concentrates on evidence. First, it answers some general questions about evidence and then it addresses the issue of evidence specifically in the process of termination and settlement of community property. Next it focuses on the stages and general principles of evidence, on the concept and the subject of proving and on individual means of proof. Subsequently, the thesis scrutinizes the position of the court and the parties to a case in the proving process and deals with the issue of burden of allegation and burden of proof. Furthermore, the chapter summarizes the...
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Resolving investment disputes from the perspective of case-law of international arbitration courts
Heřmánková, Gabriela ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
1 Resolving investment disputes from the perspective of case- law of international arbitration courts The purpose of my thesis is to analyse actual questions of international investment dispute resolution. In this research I would like to stress the differences between the institutional investment arbitration and the ad hoc investment arbitration while focusing on the ICSID Arbitration according to The Convention on the Settlement of Investment Disputes between States and Nationals of Other States followed by the Rules of Procedure for Arbitration proceedings and on the ad hoc arbitration according to the 1976 - UNCITRAL Arbitration Rules, as these two proceedings represent the most common modes of international investment dispute resolution. All my findings are going to be supported by relevant case-law of individual arbitration courts or by specialized publications. The thesis consists of three chapters. Chapter One is introductory. It contains a simple analysis of what an international investment dispute means. This introduction is followed by a brief description of the history of international investment dispute resolution and of the modes of an international investment dispute resolution. The findings of this chapter are based on the comparison of provisions of the bilateral investment treaties...
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Court's decision on the settlement of community property
Voigtová, Eliška ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
As a thesis topic I have chosen court's decision on the settlement of community property of spouses. Community property is a one of the fundamental property of civil law. Court's decision on the settlement is then one way of settlement of property after his end. Community property is usually settles after the death of her husband or after a divorce. It combines both substantive issues and procedural . The topic I chose it because in my opinion it is an interesting issue, law insufficiently treated, and in practice very often . Undoubtedly there is a lot of practical problems in settlement of marital property, mainly because of the situation in which settlement occurs, the settlement participants are usually very mentally challenging. Problematic is also the ignorance of the law , and often the unwillingness to respect the rule of law . The aim of this work was to focus on the issues arising from judicial settlement. These arise from the need to take into account the behavior of spouses before the marriage and then of interests to be protected. Initially, I ran into a problem very brief statutory regulation, but it turned out that, together with the case law is sufficient. With the entry of the New Civil Code in force on 1 First 2014 I then briefly summarized the changes introduced and commented on the...
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Termination and settlement of community property of spouses
Bednářová, Zdeňka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Community property of spouses - termination and settlement The topic of my thesis is called Community property between spouses, its termination and settlement. I have chosen this particular topic because I am interested in this area and in civil law in general and also I find it very important. Community property of spouses is a specific type of property partnership, which can exist only between spouses. The community property of spouses origins and terminates together with the marriage. Upon the termination of marriage, community property of spouses also terminates and needs to be settled. The thesis is composed of six chapters which further include under-chapters and sections. At the beginning there is an introduction into the history and development of the legal regulations of community property of spouses. Attention is given to the great amendment of the Civil Code carried into affect by Act No. 91/1998 Coll., which has brought many changes into the legal regulations of community property of spouses. Chapter two defines the basic terms connected with the issue of the community property of spouses, namely concept, establishment, subject of community property of spouses, property assets and debits of the spouses, exclusive property of each of them and also community property in connection with...
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The legal institution of settlement
Hávová, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Thesis abstrakt Legal institute of settlement The aim of the thesis is to characterize the legal institute of settlement from a general viewpoint, as well as to describe the most common situations where the institute of settlement is applied according to Civil Code. The thesis is composed of five chapters. The chapter One is introductory and characterizes the settlement as a process, in which the existing relations between subjects are liquidated while new ones are formed concurrently. The following chapter is divided into four subchapters relating to the settlement of common property. The first of them explains what the co-ownership means in Civil law. Then the both ways of termination and settlement of common property are described, i.e. the termination of a settlement of common property by an agreement of co-owners and by a decision of court. The last subchapter is devoted to legal regulations of co-ownership in new Civil Code which is expected to be passed. The chapter Three is focused on the settlement of community property. The property relations between spouses are mostly necessarily settled when the marriage has terminated by death or by dissolution of marriage. In two specific cases the community property terminates and must be settled, although the marriage still exists. It occurs in case of...
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Formation and termination of marriage with respect to property issues
Kovandová, Radka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis entitled ,,Formation and termination of marriage with regard to the proprietary aspects" is the analysis of institutions of marriage and the community property. These institutions are characterized in terms of their formation, existence and termination. The thesis is composed of six chapters, for of them dealing with formation and termination of the marriage and two of them dealing with community property. Besides these six chapters the paper also contains the introduction and the conclusion. Chapter number one contains the formation of the marriage in terms of civil law, which is analyzed marriage, bethrothment, assumptions of marriage and nuptials (eligibility for marriage, wedding statement and celebration of a betrothal), proceedings before marriage (application and documents, certificates), special ways of marriage (formation of marriage by agent, formation of marriage abroad, formation of marriage in direct danger to life fiance) and legal consequences of nuptials. Chapter number two contains contains the formation of the marriage in terms of canon law. There is described concept of marriage in canon law, betrothal and marriage preparation, the main obstacles of marriage and formation of canon nuptials in terms of closure of the ordinary, extraordinary and secret...
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Community property of spouses with a special focus on its termination
Orsáková, Andrea ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
COMMUNITY PROPERTY OF SPOUSES WITH A SPECIAL FOCUS ON ITS TERMINATION The basic legal framework of a community property of the spouses is codified in the Civil Code. In its provisions it is defined as a property community, which is bound to a formation of marriage and which can come into existence only between husband and wife. The community property of the spouses cannot occure either in a null marriage either between the unmarried partners or between the partners of the same sex, even they contract a same-sex marriage under the rule of law No. 115/2006 Sb. In many aspects, the property relations between the spouses are different from other property relationships, which rise between the unmarried partners or between the partners of the same sex. The legal consequences of a marriage contracting influence mutual relationship between the spouses as well as the legal relationship between the spouses and the third persons. In the sphere of a property law it is concerned a special sort of a joint ownership of the common property of spouses. Both husband and wife are the owners of a whole thing, they have the right to posses and use a thing, but both of them are limited by the partner's same right. In the sphere of an obligation law, the obligations related to the common property are the solidary...
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Property consequences of the divorce of marriage
Šťastná, Jana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The topic of this thesis is "Property consequences of the divorce of marriage". I have chosen this topic because of the high number of divorces that are filed for. This thesis characterises the two main property consequences of divorce, the settlement of community property of spouses and the settlement of common household of spouses. The purpose of the thesis is to compare the current legislation, contained in the Civil code from 1964 with the proposal of the new Civil code, analyse the advantages and disadvantages of both acts and express my opinion on it. The thesis is composed of eight chapters. Chapter One is introductory and defines the purpose of this thesis. Chapter Two defines the term "divorce", its three types and consequences of divorce. Chapter Three illustrates the conception of property relationships between spouses in the past. Chapter Four defines the term "community property of spouses", its consent, extent and modification. The most important and key chapters are Chapter Five and Chapter Six. Chapter Five is subdivided into seven parts and it deals with the settlement of the community property of spouses. It introduces various solutions how the community property can be divided between spouses after their divorce. Chapter Six focuses on the settlement of common household of...
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