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Withdrawal from a Contract
Bém, Jiří ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
10. SUMMARY Thesis title: Withdrawal from a Contract Key words: withdrawal from a contract discharge of obligations Civil Code The withdrawal from a contract represents one of the means by which the obligation can be discharged. This issue has become high current recently above all due to debate regarding the effects of the withdrawal from the real estate purchase contract in relation to the rights of third persons acquired in good faith. However, there are many other legal issues related to the right of withdrawal, which are controversial both in legal theory and judicial practise. Considering the upcoming recodification of the private law the time for analysis and critical evaluation of existing and proposed legislation on withdrawal from a contract could not be more suitable. The aim of this thesis is to describe the withdrawal from a contract under the Civil Code as a unilateral legal act, which discharges the obligation with the effect ex tunc. This thesis is based on the conclusions of legal theory, on my personal opinions and also on the judicial decisions of courts of all instances, including the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The thesis is composed of seven main parts, each of them dealing with different aspects of withdrawal from a contract....
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Discharge of Obligations by Unilateral Legal Act
Bém, Jiří ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Zahradníčková, Marie (referee)
It is now more than two years since the new Civil Code (OZ), which unified the previous predominantly two-way regulation of the discharge of obligations in one single codex, became effective. As a follow-up to this legally significant event, the focus of my PhD thesis (dissertation) has been on analyzing the resulting changes in comparison with the foregoing legal regulation of the Civil Code and the Commercial Code, including a deliberation on whether such changes have been positive or, alternatively, whether the new regulation can be reproached for certain shortcomings. Although the regulation of OZ which deals with the termination of obligations due to unilateral legal act (such as satisfaction/fulfillment of an obligation (in Czech: "splnění"), deposition in court custody (in Czech: "složení do soudní úschovy"), withdrawal from a contract (in Czech: "odstoupení od smlouvy"), contract cancellation fee (in Czech: "odstupné"), cancellation/termination of a contract by a notice of cancellation/termination (in Czech: "výpověď smlouvy"), and unilateral set-off (in Czech: "jednostranné započtení")) mostly follows up the preceding regulation, it also introduces certain new elements. These new elements evidently intended both to remove certain issues of smaller relevance resulting from the current...
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Withdrawal from a Contract
Bém, Jiří ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
10. SUMMARY Thesis title: Withdrawal from a Contract Key words: withdrawal from a contract discharge of obligations Civil Code The withdrawal from a contract represents one of the means by which the obligation can be discharged. This issue has become high current recently above all due to debate regarding the effects of the withdrawal from the real estate purchase contract in relation to the rights of third persons acquired in good faith. However, there are many other legal issues related to the right of withdrawal, which are controversial both in legal theory and judicial practise. Considering the upcoming recodification of the private law the time for analysis and critical evaluation of existing and proposed legislation on withdrawal from a contract could not be more suitable. The aim of this thesis is to describe the withdrawal from a contract under the Civil Code as a unilateral legal act, which discharges the obligation with the effect ex tunc. This thesis is based on the conclusions of legal theory, on my personal opinions and also on the judicial decisions of courts of all instances, including the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The thesis is composed of seven main parts, each of them dealing with different aspects of withdrawal from a contract....
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Analysis of immigration of Romanians to Italy and the impact on the labor market
Bém, Jiří ; Gráf, Václav (advisor) ; Poláková, Olga (referee)
The main aim of this thesis is to analyse the migration of Romanians to Italy after 2002. The theoretical part is focused at the causes of migration and migration policy with emphasis on Italy, which adopted laws to regulate the influx of migrants into the country. The practical part includes the placement of Romanians in Italy and their impact on the labour market. The context of immigration of Romanians in Italy after 2002 has been analysed in connection with economic reasons of migration. As examined economic reasons, I chose - GDP per capita, unemployment rate, average wage, minimum wage, social security and government spending on education. Connection are sought primarily in the neoclassical theory of migration.
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