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The Purchase Agreement
Horváth, Marian ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
2 Abstract The subject-matter of this thesis is the analysis of legal regulation concerning purchase contracts which, in functional market economy, represent the most important relations based on legal obligations between individuals who are non-entrepreneurs, and also the most frequent contracts of transfer of ownership rights. The thesis aims to make a detail survey of legal regulation of purchase contract in general terms. The work is divided into two basic parts. The first part deals with the current legal regulation of purchase contract as defined by the civil law. The other part deals with codification issues of private law, including civil-law codification of purchase contract which will enter into effect in the Czech Republic on 1 January 2014, and focuses mostly on the changes in legal regulation of purchase contract. Key words: purchase contract, commercial purchase contract, non-commercial purchase contract, seller, buyer, subject-matter of the purchase contract, purchase price, ownership, collateral arrangements.
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Lease of a flat - comparison of Czech and Polish legal regulation
Hajžin, Lukáš ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
This thesis deals mainly with legal regulation of rental housing in Czech Republic and Poland and comparison of the legal regulation of rental housing and rent regulation in both countries. The thesis starts with the brief in rights to housing in the important international documents and its regulation in national law in Czech Republic and Poland. Then follow the analysis and comparison of legal regulation of rental housing in Czech Civil Code and Polish Civil Code. In following chapters there are the detailed analysis of the decision made by European court of human rights in Strasbourg in case Hutten-Czapska vs. Poland and its affect on legal regulation of the rental housing, regulation of the limitation of rent in flat and the support of rental housing in Czech republic and Poland. Next chapters deal with rights and obligations defined in Polish Act to defense the users of flats, Dz.U. Nr 133, poz. 654. Last chapter is focused on social housing in both countries.
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The substitution of parties to the legal relationship in relation to renting apartments
Hejhal, Zdeněk ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
The substitution of parties to the legal relationship in relation to renting apartments The contract of rental, the renting apartments, the landlord, the tenant Executive Summary The aim of the thesis is to describe the legal relationship aspects arising in relation to the substitution of parties to renting apartments, with the focus being on substitution initiated by the tenant. The key reason for choosing this topic is the author's personal experience with dealing with the issues that arose as a result of the transfer of rights and obligations pertaining to renting of an apartment of the author's acquaintance, his experience gained during the assistance at the civil proceedings held by district court for Prague 3, the fact that renting is currently an issue of great significance in the Czech law system, and also the increasing number of people living in rented apartments. The thesis comprises ten chapters, each of them considering different aspects of the issues involved. Having provided the background information to the reader in the introductory chapter, the first chapter considers the historical framework of renting apartments. The chapters explores the renting of apartments in accordance with Roman law throughout the Middle Ages up to the present Czech legal regulations, including the rental agreement...
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Contract for Work
Flachsová, Liběna ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
1 Abstract Contract for Work The purpose of my thesis is to analyse the regulation of contract for work in Act No. 89/2012 Coll., the Civil Code. The thesis is composed of two parts. The first one contains historical background and the second one deals with the current regulation. The second part is subdivided into eighteen chapters. References to Act No. 40/1964 Coll., the Civil Code, and Act No. 513/1991 Coll., the Commercial Code, are also made within the analysis of current regulation. The Draft Common Framework of Reference is mentioned at relevant points and for comparison with foreign regulations the law of the United Kingdom of Great Britain and Northern Ireland and the law of Germany were selected. Chapter one deals with definition, object of work and it is pointed out that the result of work does not have to be of a physical substance. In the second chapter, the contract for work is distinguished from the other types of contract. A separate chapter deals with the form and it is followed up by the chapter on pre-contractual obligations. The fifth chapter concentrates on transfer of risk and ownership title. The following chapter focuses on costs of performance of work and straight afterwards a chapter dealing with the price for work is placed. This one is a bit longer, because it is a very...
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Testamentary succession
Pospíchal, Jiří ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The law of succession has been changed a lot by enacting the new Civil Code in many ways but its main purpose is still to regulate the succession of inheritance from testator to heirs and related problems. This thesis makes an analysis of testate succession, which is one of the three possibilities of inheritance succession. The second is an intestate succession, which applies in the situation, when testator did not wrote last will. The last possibility is a contract between testator and heirs distributing inheritance between the latter. This contract has bigger legal force than last will and intestate succession is used, if there is none of them. The thesis consists of five chapters. Chapter One provides a brief introduction to history of the law of succession in our territory and presents the purpose of the thesis. Chapter Two deals with the questions common to the whole law of succession, it is divided in three subchapters, which talk about the main principles of the law of succession and legal rules regulating it and also about preconditions of succession, which include death of testator, subjective law of succession, existence of inheritance and legal ground to the succession. It also names possibility of heirs to reject inheritance. Chapter Three is concerned with the main theme of the thesis, which is...
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Loss of chance theory and possibility of its application in the Czech Law
Korejzová, Jitka ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The aim of this work was to introduce the loss of chance theory, to research its theoretical grounds and to find out whether it would be possible to apply the theory in the Czech law system and whether such application would be beneficial. Since the theory was first applied in common law system, I have decided to use some cases from the past and show the way the theory evolved and how the courts justified its application. Reflecting on cases from various jurisdictions I tried to point out the variety of possibilities of its application not only in health care law, but also in other areas of law. I have concentrated my attention mainly on argumentation of courts - not only those, who assented, but also to those refused the concept. The theory is related to liability for damage and issue of proving the casual link, which are both subjects of research of other theories as well - e.g. theory of adequate cause, proximate cause theory and mainly proportional liability issue, which shares some common aspects with loss of chance theory. These theories offer help with evidence in complicated cases, where classical approach to issues of causality would lead to an ineffective and possibly unjust solution. In international context it is interesting to learn how the European Court of Justice applies the theory....
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Methods to acquire an apartments in ownership
Pítrová, Julie ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
This thesis deals with the methods to acquire apartments in ownership. In the introduction, the paper deals with the theories of residential property and the ways in which the ownership of apartments is understood in selected international treatments. The main part of the paper focuses on the different methods to acquire ownership rights on a residential unit, both in the original way, i.e. acquiring ownership on after construction, and in the derivative way, mainly on the basis of contractual relations. The next part of the thesis deals with the interpretation of cooperative apartments, including their origin and development in a historical context, focusing on the problematic of the acquisition of ownership rights to cooperative apartments. The practical part includes an interpretation of acquisition of ownership of an apartment by the shareholders of a legal entity established for the purpose of acquiring apartment buildings and renting the apartments to the shareholders, even though it is not a housing cooperative. With regard to the adoption of a new Civil Code, the conclusion dedicates space to the new legislation and the impact of the Civil Code will have on the housing laws, including a highlight of the changes that will take place once the new Civil Code comes into effect. Key words:...
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The Development of Czech Law of Inheritance in Respect of the Autonomy of Testator's Will
Novák, David ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
S u m m a r y The goal of this thesis is to analyse the autonomy of the testator's will in the development of the Czech law of inheritance. The text is divided into nine chapters including introduction and conclusion. In the introduction there is defined the subject of the paper. In the first chapter readers may find the definition of the law of inheritance from different points of view and in different meanings. The basic legal principles of the law of inheritance are enumerated and described in respect of the topic. Then there is a brief recapitulation of the sources of the law of inheritance in the area of the present Czech Republic from 1811 until present in the last section of this chapter. All possible ways, how the testator can express his will, are generally described in the second chapter. There are mentioned legal tools of the testator's will for example testament, legacy, contract of inheritance, donation by cause of death, disinheritance, succession, conditions, directions etc. The principles and base of the above mentioned tools are given, as well, but mostly in the next chapters, where is described legal regulation of particular legal institutions in historical context. The following five chapters provide complete information about how every institute of the law of inheritance worked important...
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Consequences of the Defective Legal Acts in Private Law
Bičovská, Kateřina ; Dvořák, Jan (advisor) ; Frinta, Ondřej (referee)
in English The thesis analyses the consequences of the defective legal acts in the private law, as an issue of interest especially in the light of the new changes to be introduced by the New Civil Code in effect as of 1 January 2014. Above all, the thesis analyses the conception of the "defect" of the legal act, i.e, what constitutes the defect within the terms of the law, in the civil law and in other main private laws, such as commercial law, labour law and family law. Further, the thesis deals with the question by which consequences shall be the said defect penalized. In particular, the introductory part of the thesis contains an analysis of the legal act under the current Civil Code as well as under the New Civil Code. The next in line is review of the consequences of the defective legal acts under Civil Code, Commercial Code, Labour Code, Family Law and New Civil Code. The selected consequences of the defective legal acts under French Civil Code are also covered by the thesis. Finally, the outcomes of the analysis are summarized and interpreted.
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Studium celogenomové variability lidského cytomegaloviru.
Dvořák, Jan ; Tachezy, Ruth (advisor) ; Roubalová, Kateřina (referee)
This work is part of a project focused on the study of the variability of human cytomegalovirus (HCMV) among clinical isolates with the aim to map the geographical distribution of HCMV genotypes, reveal the relationships between genotypes and the severity of HCMV-associated diseases, and identify regions in the HCMV genome with a potential for use as diagnostic and therapeutic targets. Attention was paid to the development of the methodology for the preparation of the material for next-generation sequencing (NGS) from HCMV clinical isolates and evaluation of the obtained sequencing data. Blood and urine samples collected from hematopoietic stem cell transplantat recipients and congenitally infected children were analyzed. Samples suitable for NGS were sequenced by the Illumina platform and sequences were created by de novo assembly followed by mapping assembly. Urine samples in comparison to blood samples had higher yield of material for NGS. Of the samples positive for HCMV DNA (7 of 50) after amplification in the cell cultures, only one sample had high purity of the viral DNA (98%) while six samples had purity of less than 7%. The sample containing 98% of the viral DNA was fully sequenced and the sequence was compared to the sequences of other clinical isolates from Belgium in 11 polymorphic...
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