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Legal consequences with respect to the breach of contract under civil law
Hoder, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
- 54 - 6. Resumé Consequences of breaking the contract in civil law - Most of the relations is in civil law established by the contract. Contractual freedom is one of the basic freedoms provided by modern democtratic state. But unfortunately with the increasing amount of contracts there is also increasing number of cases when the contract is breached (intentionaly or not) by one of the contractual partners. The law presumes such cases and provides particular consequences. These consequences are the subject of this thesis. According to the Czech civil law there are following istitutes which can follow after breaching the contract: Default, the interest on the sum in arrears, a late payment charge, damages, penalty clause, liability for defects. The thesis is divided into several parts according to the described consequence. At the beginning of the thesis, there is an introduction into the problem, then there is described the contract. There is explained the term, then the process of making the contract (proposal and its acceptation). After clarifying the basic term of the thesis follows the description of mentioned consequences. The first is damages, it is placed in the front place because of its importance and many variations and possibilities of use. It comes after fulfilling certain conditions: Breaching...
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Sociology of knowledge and its impact on a society
Havel, Tomáš ; Kosek, Jan (referee) ; Mucha, Ivan (advisor)
51 Sociology of Knowledge and Its Influence upon the Society SUMMARY The law, representing one of the specific systems of the society, can be viewed on different levels. These levels namely include the normative, axiological and legal- sociological level. Within the context of social sciences we examine the law as social phenomenon acting upon the society. Through mythology, and primarily through various forms of legal communication, this influence constitutes the legal awareness that is subsequently influenced by biogenic, psychogenic and social factors. In the broadest sense, the notion of knowledge denotes a set of information or concepts of certain facts. The knowledge encompasses not only theoretical knowledge but also practical techniques and skills, i.e. ways by which theoretical knowledge becomes a part of practice. The starting point of the present work is the view of the society through the eyes of the sociology of knowledge. Between the systems of knowledge, language and law, there exists a connection that develops in history, within the society differentiated into segments, as well as vertically and horizontally. In the modern (industrial) period, the field of social sciences is viewed through the systems theories that are deeply rooted in natural sciences, namely biology. At present we regard...
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The sale of an enterprise and its part
Čech, Zdeněk ; Štenglová, Ivanka (referee) ; Čech, Petr (advisor)
1 SUMMARY SALE OF ENTERPRISE AND PART OF ENTERPRISE GRADUATION THESES Legal regulation of the contract for the sale of enterprise as a separate contractual type under the Commercial Code initially seemed to be an ambitious and courageous step of the legislator. In my opinion, the selected model has proved successful in practice especially thanks to its concept of a complex passage of all rights and obligations associated with the enterprise. The coherent regulation within one contractual type has proved successful both thanks to its transparency and mandatory nature of selected provisions. At the same time it is necessary to point out that the contract for the sale of enterprise represents lex specialis for provisions of special acts. Therefore it is not necessary to make all the special acts which would be otherwise required for transfer of individual rights and obligations. With respect to the quantity and diversification of individual components constituting the enterprise, the use of individual legal regulations would be much more difficult and less transparent. However, I would like to emphasize that the relationship between the Commercial Code and other legal regulation is not always that of general/special regulation, but this relationship may vary under different circumstances. The sale of...
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Social fieldwork in family as a prevention of a social orphanhood
Muffová, Magdalena ; Vítečková, Michaela (referee) ; Lorenzová, Jitka (advisor)
The social orphanhood is a wide-spread problem in our modern society and together with the factual orphanhood is one of the most severe reason of the emotional deprivation of children. Social field-work directly with families is most suitable form of social orphanhood prevention. Because the terminology is not unified, definition of the notions is presented to be sure what each notion describes. This thesis compares actual situation in Czech republic and Germany. Further describes legal regulations and state offices dealing with this problem. Describes used methods of social orphanhood prevention. There is not missing examples of good practice from CR, e.g. program "Aunt at home, kind Aunt in the family" as well as from Germany e.g. program "strong parents - strong kinds". The thesis tries to draw attention to advantages and disadvantages of both systems. Conclusion evaluates both systems and picks some points from Germany system, which can improve social orphanhood prevention in Czech Republic.
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Modification and settlement of community property of spouses
Slámová, Irena ; Dvořák, Jan (referee) ; Salač, Josef (advisor)
73 IX. Summary The Modification and Settlement of Community Property Nowadays, marriage is an important institute of law. Marriage hasn't lost its function, despite the diminishing number of people who make a decision to get married. Legal property relations between spouses are one of the bases of the civil law. The aim of this study isn't to describe the matter of community property as a whole, but it is rather an endeavour to explicate all possibilities of its modification and settlement. My study seeks to examine and explain how the spouses can act if they decide to regulate their property relations differently. The regulation of community property is involved in the second part of the rule nr. 40/1964 Sb., Civil Code, entitled Laws in Rem, concretely in its second chapter Co-ownership and Joint Property. Separately of this chapter, there are the enactments relating to the matrimonial domicile. We can recognize three parts of the study. First part comprises two chapters, II. and III. In this section, I attempt to explicate the whole institute of community property: explain the matter of subjects (rights and duties), objects (things, rights and obligations) and the reasons of the origin of the community property. Also, a brief description is given the circumstances of modification and settlement of the...
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The community and environmental protection from the legal point of view
Kodrasová, Alena ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
The aim of this thesis is to analyse the position of the municipalities in the area of environmental protection, to refer to municipal problems in this sphere, which come up in current scope of duties and to present some of the instruments, the municipality can solve this kind of issues with. The thesis is composed of four chapters. Chapter one and two is introductory and defines fundamental terms in the thesis: The environment, the municipality. I try to find out, who is responsible for environmental protection, the relation between public and private interest in the environmental protection and which one of these interests is overriding. Next is the analysis of the position of the municipalities in it 's separate powers of community and in it 's delegated powers of community. I illustrate with giving some examples the fact that the municipality can be in various positions, as a one, who makes the rules, mainly during issuing ordinances or as an individual subject, first as a owner of the municipal property, second as a party to some administrative procedures related to environment, e. i. to apllication for a planning, EIA, IPPC… Chapter three is subdivided into three parts, each of them introduces the group of instruments of environmental protection, that the municipality dispose with. The...
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The issue of tyrannized, abused and neglected children in the Czech Republik (CAN syndrome)
Gábrišová, Renata ; Neusarová, Jana (advisor) ; Schreierová, Zdeňka (referee) ; Němcová, Ludmila (referee)
The bakchelorś degree thesis deals with todayś pressing matter of CAN syndrome. The theoretical part of the work contains a description of the term CAN, its history, definitions, content specification, the history of the legal protection of children, the characteristics of individual forms, risk factors, the causes and consequences of physical tyranny, abuse and neglect, the prevention of these phenomena and the social - legal protection of children. The 96 work also adresses the therapy and help provided to victims at specialized facilities. The aim of bachelorś degree thesis is to map the extent to which the general public is informed about this problem, the risk factors, intervention and knowledge of crisis centres and specialized facilities. The work also aims to determine which forms of punishment are applied by parents today in comparison with the forms of punishment they were subjected to by their own parents. The thesis examines whether CAN syndrome is a symptom of the modern world or whether it was actually present in earlier times.
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Analysis of the need for low-treshold facilities for children and youth in Prague 3.
Burdová, Michaela ; Poláčková, Jana (advisor) ; Dvořáčková, Hana (referee)
The aim of this thesis is to analyze the need for low-threshold-based social services for children and youth in the locality of Prague 3. In the theoretical part of the study there were defined basic concepts, furthermore, the processes of socialization and individuation with emphasis on the specifics of post-modern times and problems that may occur during the formation of identity were described. Further, against this background there were defined the basic stress situations and possible strategies to deal with it were outlined - generally also as in the context of low-threshold social services for children and youth. The meaning of the theoretical part was to point out the biodromal context of human development, of which the problems can not be taken out and solved separetely, but it is necessary to seek a comprehensive understanding of the situation in which the service user is located. The research includes the comparison of results of the survey in schools and low-threshold clubs, as well as the analysis of interviews with users of the low-threshold facility for children and youth and demographic aspects of the locality of Prague 3. The survey results complete data collected from the expert stakeholders - teachers in elementary schools, methodist of prevention in Prague 3 and 9, representative...
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Topical issues of the regulation of international air carriage: the liability of an air carrier with respect to passengers
Ajgl, Tomáš ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with those issues in regulation of international air carriage, which are in the centre of interest of passengers. Author focuses on two key legal instruments establishing different regimes of air carrier's liability. The first one is the Convention for the Unification of Certain Rules for International Carriage by Air, also known as the Montreal Convention. The second is European regulation no. 261/2004, also known as the Air Passengers' Rights Regulation. The key question is whether these liability regimes are completely separate or they overlap. After introductory chapter, Chapter 2 follows, dealing with historical development of legal regulation in the field of air carriage liability. Evolution of the so called Warsaw system is described and the Montreal Convention and some of the most important European regulations are presented. Next chapter focuses on theoretical aspects of air carrier's liability in the light of Czech civil law jurisprudence. These findings are applied both to the Montreal Convention and to the regulation no. 261/2004. Provisions of the Montreal Convention are examined in Chapter 4. Scope of application as well as the most problematic terms such as "accident" or "bodily injury" are discussed. Some well known courts' findings are presented to demonstrate how...
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