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Modification of marital property
Szabo, Markéta ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The content of this thesis is basicly an explanation of basic issues of the modification of the community property of spouses, including especially conditions of a possible deviation from the legal property conditions of spouses and direct effects of the legal condition change on the spouses' property relationships. Furthermore the thesis also contents investigation in further consequences of the modification of the community property of spouses for the spouses' property relationships in a broad context and in non-standard situations - e. g. in relation to third persons, at the execution of decision of obligation of one of the spouses, or at an insolvency proceeding on the property of one of the spouses. This explanation together with the description of the legal regulation of the modification of legal provisions regulating the marital property law in the Federal Republic of Germany and with the illustration of the development of historic institutes enabling the deviation from the basic legal regulation of the marital property law is the base for a complete evaluation of the legal regulation and for adoption of recommendations de lege ferenda, which are presented at the end of the thesis.
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Neighbour law
Benešová, Radka ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The main aim of this rigorous thesis is to describe and analyze current state of law of neighbour law within Act No. 40/1964 Coll., Civil Code and subsequently Act. No. 89/2012 Coll., Civil Code with perceived effectiveness to 1.1.2014. The thesis deals with possible interferences to the law of owners, mostly owners of neighbour's immovable things and protection from these interferences. Then the rigorous thesis contains excursion into regulation of neighbour law in Germany and Great Britain.
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Non-material claims in the case of harm to health
Budková, Ilona ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This diploma thesis deals with the personal injury in the Czech legal order according to the current legislation in the current Civil Code and in the new Civil Code. The work is divided into six chapters. The first chapter provides a basic introduction to the legal liability. The second chapter gives an interpretation to each of the assumptions of liability and describes some of the changes that the new Civil Code brings to these legal institutions. The third chapter discusses some general institutes with damages related, as is the way and the extent of damages, limitation of the claims for the compensation with regard to the new civil code. The fourth chapter is devoted to each of the non-pecuniary claims for damage to health and life, which can be found in the Civil Code, which include pains and suffering, aggravation of social position, compensation after the death of the close person and the satisfaction provided in the case of the intervention in the right to the protection of the personality. The subject of this chapter is also the issue of compensation for personal injury and determining the amount of compensation. The fifth chapter provides interpretation of each immaterial claims according to the new Civil Code. The sixth chapter summarizes the basic changes, that the new Civil Code brings...
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Ways of Contractual Limitation or Exclusion of Liability and their Enforeability
Otčenášková, Jana ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The purpose of this theses is to analyze whether a contractual limitation of liability for damage resp. compensation for damage is acceptable in the Czech law, what are the limits of limitation and what they should be. The main focus is given on the issue of the prior limitation. The thesis is composed of an introduction, ten chapters and a conclusion. First four chapters cover the background information and terminology needed for the remaining part of the work, such as liability for damage, its division, prerequisites and scope. The many ways of limitation and basic prevailing principals of limitation are given in chapter five. Chapters six, seven and eight deal with the very possibility of compensation for damage limitation in three spheres that are: contemporary civil and commercial law and the united civil law under the law No. 89/2012, so called The New Civil Code. Chapter nine provides a short view into the German regulation before there are given the conclusions on possible practical regulation in Czech law in chapter ten. The chapter six dealing with contemporary commercial law summarizes the development of the issue and deals with the restrictions in this matter. In the chapter seven the importance and meaning of Section 574 of the Civil Code is deeply analyzed and conclusion made that the...
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Duty of Care in Czech and German Civil Law
Scholle, Jan ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Duty of Care in Czech and German Civil Law Abstract The thesis deals with the importance of duties to prevent damages (duties of care) in Czech civil law. It focuses on detailed analysis of a few provisions of the Czech Civil Code. The main attention is focused on s. 415 of the Civil Code (Act No. 40/1964 Coll, the Civil Code, as amended; "OZ") establishing "the general duty of care". Findings about duties of care in the Civil Code are compared to a system of duties of care in German law of delict and additionally discussed using tools of economic analysis of law. The paper results in recommending changes in wording and interpretation of the duties of care and their comparison with the wording established by Act No. 89/2012 Coll., Civil Code ("NOZ"), effective from 1 January 2014. Chapter One examines development of interpretation of main provisions of OZ establishing duties of care. It briefly analyzes basic aspects of law of delict of OZ. It makes use of these findings in order to describe a position of duties of care in law of delict and limits of their interpretation. The main imperfections of their interpretation are illustrated on a couple of judicial decisions. Chapter Two briefly describes the system of law of delict under the German Civil Code ("BGB"). The chapter explores criteria of application...
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Liability based on fault and the concept of fault in czech and german law of torts
Lovětínský, Vojtěch ; Elischer, David (advisor) ; Dvořák, Jan (referee)
102 Summary Liability based on Fault and the Concept of Fault in Czech and German Law of Torts The aim of the thesis is an introduction and comparison of the Czech and German law of torts - a branch of law which determines liability for damage caused by breach of a duty imposed by law - in the area of liability based on fault and an introduction and comparison of the concept of fault as one of the conditions for the application of this liability. That the subject is tort law of these two particular countries is not an act of arbitrariness, but it relates to the fact that the new Civil Code of 2012 is significantly inspired by the German system of tort law in the field of liability based on fault. This thesis attempts to provide not only comparison of the Civil Code No. 40/1964 Sb. with the new Civil Code of 2012, but also comparison with the German Civil Code - BGB. The thesis consists of four parts - "The Concept of Law of Torts", "General Conditions of Liability in the basic tort Provisions", "The Concept of fault and its forms" and "Liability based on fault". Every part except the first is subdivided into three chapters. Every chapter deals with one of the civil codes - Civil Code No. 40/1964 Sb., German Civil Code and the new Civil Code of 2012. Part One outlines briefly the concept of tort law and its...
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Unjust enrichment
Míková, Petra ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
In this thesis I broadly deal with an important institution of law - unjust enrichment. Despite its subsidiary application nature, it has an irreplaceable role in the legal order of the Czech Republic, especially in the Private Law. The thesis focuses on the interpretation of the legislation in the Civil Code as this is the source for the legislation that is further applied on legal relationships regulated in special legal regulations. The most extensive part of the text is devoted to the interpretation of the legislation according to the positive law. I try to concentrate on the current legislation mainly from the point of view of the application and interpretational practice of the Supreme Court. For the purpose of easier orientation in the issue, I divided the interpretation of special merits of a fact into particular interpretational areas according to the example of the general part. In these interpretational areas I emphasize the peculiarities that need to be taken into account before asserting a claim resulting from the merits of a particular case. The thesis analyses the legislation in the new Civil Code. A part of the text deals with the proposed legislation of unjust enrichment in the Book VII. of the Common Framework of Reference which could be the source for the European Civil Code...
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Representation upon a Power of Attorney
Krupová, Petra ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
The aim of this thesis is to clarify the legal regulations of the institute of the representation with an emphasis on the representation upon power of attorney (contract representation). Thanks to the extent of this work it is impossible to encompass the whole matter of the representation in a way that would be worthy of an analysis. In this thesis it is written about the historical roots of the legal regulations of the representation which are already enshrined in Roman law. The main part of the adjustment is de lege lata. The general adjustment of the representation has to be searched in the valid and effective Civil Code (The Law No. 40/1964). We can meet the partial legal regulations in other branches of the legal code too, for that reason other legal statutes related to the topic of this work are discussed. The thesis deals with the application problems in practice and numerous law cases of the law particularly of higher courts. The attention is also focused on two initiatives within the European Contract Law - the Principles of European Contract Law (PECL) and the Draft Common Frame of Reference (DCFR). Finally it is necessary to pay - now approved - the new Code of Civil Rights, which represents an extensive legislative work and as the complex is an important legislative step in the times of...
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Liability for Personal Injuries and Personal Injury Compensation
Tomis, Rostislav ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
This thesis tries to summarize the main and substantial principles of the general civil responsibility as well as principles of personal (material and immaterial) harm. In the first part of the thesis, a reader can find the basic principles of the responsibility (the relationship based by an unlawful behavior of the party at fault). Besides the Czech legislation (the Czech Civil Code), the thesis summarize also some important points from the French and Belgian law (definition of fault, harm/injury, illegality). The following part of the thesis concerns various claims of a person who has been injured on health, i. e. claims of the injured person stipulated by Sections 444 - 449 of the Civil Code. Particularly, the author analyses and explores the Regulation No. 440/2001 Coll. which stipulated amounts of pecuniary damages in case of the personal injury.
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Residential lease
Pavlíková, Petra ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Resumé - in English The concern of this thesis is residential lease and its legal consequences. Thesis describes current legislation having the Act No. 89/2012 Coll. The Civil Code as the main pillar. At the beginning the general legislation aspects of residential lease (without deep dive into history) are discussed. The thesis's primary focus is the rent and payment for services related with the flat usage (Chapter 6). This chapter also covers historical development of the related legislation since the World War 1st till the present time with the outlook for the near future. The opening chapters of the thesis discuss the general aspects of lease agreement and all its components, the form of lease agreement and all its subjects. Further chapters depict the main principles of legal protection of all agreement parties, where the appropriate legislation can be found and what are the main conceptual characteristics of this legal term including its deeper details. However, the characteristics distinguishing residential lease agreement and other agreements are covered just marginally. Subject of residential lease agreement, the term "flat" and its "accessories" are analyzed thoroughly. Thesis includes also the description of general and specific elements of residential lease agreement and mentions also other ways...
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