|
Material Tensions between Natural Law and Positive Law and Approaches to its Solution
Kříž, Jakub ; Holländer, Pavol (advisor) ; Kysela, Jan (referee) ; Večeřa, Miloš (referee)
1 Material Tensions between Natural Law and Positive Law and Approaches to its Solution Jakub Kříž Abstract The title of my dissertation - "Material Tensions between Natural Law and Positive Law and Approaches to its Solution" - refers to everlasting contrapositions of two different approaches to law: (i) natural law tradition which is concerned with a necessary continuity between law and the requirements of practical reasonableness and that describes law as "rational standard for conduct"1 and (ii) tradition of legal positivism, which understands law only as a social fact. Actually, in the world of jurisprudence, there is no single natural law theory on one side2 and unique legal positivism on the other side.3 It is 1 MURPHY, Mark C. Natural Law Jurisprudence. Legal Theory. 2003, No. 9, p. 244, MURPHY, Mark C. Natural Law Theory. In: GOLDING , Martin P., EDMUNSON, William A. (eds.). The Blackwell Guide to the Philosophy of Law and Legal Theory. s.l. : Blackwell Publishing, 2006, p. 15. 2 For many of them we can mention classical natural law theory of the thomistic philosophy, new natural law theory of G. Grisez and J. Finnes, legal realism of J. Hervada, "modern" natural law theories such as L. Fuller's concept of the Rule of Law and the inner morality of law or R. Dworkin's theory of the unique right...
|
|
The Casual Connection as an Element of the Legal Liability
Haščák, Josef ; Gerloch, Aleš (advisor) ; Beran, Karel (referee) ; Harvánek, Jaromír (referee)
The Casual Connection as an Element of the Legal Liability Abstract of Dissertation The concept of the casual connection is not understood in a uniform manner, although it represents the principal legal institute that enables functioning of the law. However, the nature and purpose of the legal liability in the Czech jurisprudence remains the object of discussions, and this is supported by the fact that the positive legal regulation uses the concept of liability at random. Within the vindicative concept of the legal liability as the secondary legal liability arising as the result of the violation of the primary legal liability, we can discern several basic elements. It is particularly the violation of the legal liability, the negative consequence consisting in the violation of or a threat to the legal values, as well as the casual connection between the wrongful act and the negative consequence. The causal connection is the principal element of the legal liability which represents the objective element whereby a wrongful act may be attributed to a certain subject. Thus, the causal connection transmits the penal liability to the subject concerned. Mostly, it is not difficult to find the element of violation of the legal liability and the negative consequence. However, the situation is more complicated in the...
|
|
An educational legal entity
Šípová, Adéla ; Vopálka, Vladimír (advisor) ; Millerová, Ivana (referee)
46 8. Resumé v anglické jazyce -Summary in English Educational legal entity Educational legal entity is a new type of legal entity established under Act No. 561/2004 Coll. (the "Schools Act"). There are not many of these legal entities at the moment as they represent a brand new institute, more often used by church schools to which this concept has brought many simplifications when compared to the previous regulation. Educational legal entity is specific due to the fact that it can be established only for the purpose of operation of primary business in the education sector in accordance with Section 3a of Act No. 561/2004 Coll. The issues of the educational legal entity shall be governed by the applicable provisions of the Commercial Code unless the law specifies otherwise. When compared to other legal forms, in particular the allowance organisation as the most common operator of schools, differences are traced mostly in the higher level of management autonomy. Educational legal entity may administer its own property, create monetary funds etc., which will allow for a better use of the property and a more effective long-term planning. The manager of the school is, at the same time, the authorized representative of the educational legal entity. He must comply with the conditions for practice of the position...
|
|
Legalisation of intentional abortation in Czechoslovakia in the year 1957
Cigánek, Radim ; Petráček, Tomáš (advisor) ; Stříbrný, Jan (referee)
The thesis The legalization of intentional abortion in Czechoslovakia i the year 1957 describes this topic in light of history- based on accessible historical documents- within the context of contemporary disputes and the creation of this law. In the preamble are given the discursions to theological ethics and church law, which should have sat this thesis in context of catholic theology. The thesis reflects also the progress and attepmts at full legalization of abortions soon after the Czechoslovakia was brought into being. The abortion act was enacted in the end of the year 1957. This fact is compared within the international situation. In addition more carefully is described the progress of the abortion act in USSR and several states of the Eastern bloc. The thesis also etchs in the activities of so-called "Prolicidal boards", which were settled down by the czechoslovakia government. These boards brought along that in the year of 1957 were abortions permitted only with partial restrictions. Intermediate abortion were at large allowed by the new abortion act as late as in the year of 1986. Keywords: Abortion Czechoslovakia 1957 Legalization Population Law
|
|
Governing bodies in unlimited companies
Račko, Petr ; Štenglová, Ivanka (referee) ; Plíva, Stanislav (advisor)
Governing bodies of General and Limited Partnerships The subject of my thesis is to analyse process of acting on behalf of a corporation and to depict specific bodies which take part in this essential process, their competency, powers and also their responsibility. The reason for my research is based on fact that not a single corporation stands alone in this world which makes interactions with other corporations, customers and state authorities not only inevitable but more importantly necessary for a corporation to survive in business world. Just to clarify the subject of this thesis does not include process during which bodies of a corporation form will to act based on internal proposals and opinions but it concentrates solely on the acting itself. The thesis is composed of two complex chapters, each of them dealing with different aspects of acting on behalf of a corporation. Chapter One is not only introductory even though it defines basic terminology used in the thesis but it also analyzes common elements of governing bodies. Chapter Two focuses on the governing bodies themselves and it divides the subject matter into five parts each with its own focus. Among these five part the basic description of each of two corporations is provided as well as concept of each governing body, its creation and...
|
|
The relationship between the lawyer and his client under the contract of mandate
Čech, František ; Horáček, Vít (referee) ; Patěk, Daniel (advisor)
Relationship between client and attorney-at-law according to mandate contract Resume This thesis examines the legal relationship between a client and an attorney-at-law who conclude a mandate contract. Its aim is to characterize the most important rights and obligations which arise in such a relationship in accordance with valid Czech legislation, judicial decisions and disciplinary practice of the Czech Bar Association. The thesis begins with a description of the special role of attorneys-at-law in the market of legal services among other professions that are involved in provision of these services. Then it focuses on the legal nature of a commercial mandate contract, its comparison with a civil mandate contract according to Czech law, and examines whether such differences in fact have any impact on the rights and obligations in the client and attorney-at-law relationship. After a short analysis of the possible legal causes of a creation of the legal relationship between a client and an attorney-at-law and I focus on the different rights and obligations which are the content of the relationship. I start with a description of the attorney's-at-law right for remuneration and the limits of this right, where I notice the different legal views towards a success fee. Then I explain the attorney's-at-law duty to...
|
|
Termination of the participation of a member in a limited liability company
Kučírek, Luboš ; Štenglová, Ivanka (referee) ; Patěk, Daniel (advisor)
54 Resumé The topic of thesis is "Termination of participation in the partnership of a limited liability company." The reason why I chose this topic is my interest in the commercial companies especially limited liability company. A limited liability company is one of the newest forms of commercial companies. In spite of this fact is one of the most used companies, not only in the Czech Republic. A limited liability company ranks among the corporate enterprises, although includes personal elements. This theme is very closely linked with the practice of commercial companies. If there is participation in the partnership of a limited liability company, then there must be the basis of the termination of the participation in the relationship. The aim of the thesis is the particular termination of participation in the partnership of a limited liability company. It isn't limited to enumerate the various types of termination of participation in the partnership, but the interpretation is complemented by views of jurisprudence and legal theory. Particular reasons for termination of participation in the partnership are logically classified according to whether the disappearance of the participation of the partnership and company continues or occurs also in the winding up of companies. Chapter two focuses on the...
|
| |
|
Welfare of women during pregnancy and maternity
Mlčochová, Kateřina ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Analysis and evaluation of positive law of benefits which are drawn by people in the Czech republic was my main intention. The result of frequent amendments is questionable interpretation of particular provisions and decline of legal certainty, because neither instructed employees who work in employment offices or in others can help general public. In the Czech republic there is a stronge social-democratic feeling from interwar period that is receding from the reality of our lives. Quick economic changes during 90'caused admission of liberal measures. These consequences carried into effect, that Czecch family policy of the begining of this millenium is a combination of various wals, very difficult to be classify. On the one hand I see a problem in current concepts of role of the family by young people because it devaluates gradually which you can notice in a big amount of divorces, fall of marriages, in a way to postpone pragnancy, drop of new-born babies etc. On the other hand it is necessary to say, that in fact, there is still distrust in a case to employ mothers of small children and that's why i tis very difficult to join both, care about family and building of career. Compared with other developed countries employers placed in the Czech republic offer parents who would like to work for, still few...
|
|
Protection of cetaceans in international law
Milcová, Renata ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
In four chapters that this thesis consists of is presented the protection provided to cetaceans by international law. The first chapter gives insight into the biology of cetaceans, names facts relevant to their conservation and its legal basis. The second chapter deals with legal regulation of whaling. It analyzes the history and current situation in the International Whaling Commission as the only global organization to manage the exploitation of large cetaceans, particularly in terms of adopting protective measures for the recovery and conservation of whale stocks. The third chapter focuses on the species approach in protection of cetaceans as endangered animals. The fourth chapter addresses the protection of cetaceans' environment. First it deals with the protection of marine environment in general and then with the protection of cetacean habitats.
|
guest ::
