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Law in the age of uals
Eliáš, Karel
In this study, the author reflects on law and lawyering in modern times. The term ual was coined by philosopher and economist Tomas Kulka. It denotes intellectuals without intellect - a typical ual is a university graduate who knows what is currently intellectually fashionable, knows what is socially passé in scientific discourse and what is currently being debated, likes to boldly engage in discussions with references to fashionable authorities (Derrida, Foucault ...) and by choosing words such as paradigm, post- (modernism, etc.) and other incantations that they usually do not understand in depth. The result is chatter and superficiality. Law is one area where the Uali entity can present itself well. Weyr nearly a century ago and Bejcek quite recently characterized our law schools as law school puppy mills that have little in common with the ethos of universities. This is reflected among academics in faculties where conformism is growing, subject to bureaucratic evaluation of scholarship - how much one writes and where one publishes is more relevant. The result is a limited ability of practitioners to apply the law and the threat of turning lawyering into pedantry. The legislature is happy to accommodate this by proliferating statutory rules, progressively more and more detailed, and so the circle is complete. The author concludes by pointing out that society and science have found themselves in comparable situations several times, but that the voice of reason has always prevailed in the end.
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Legal Decency (Equity) and Civil Code
Eliáš, Karel
The paper tackles the current legislation pertaining to Czech private law. Equity has its philosophical origin in ancient Greece, it influenced Roman legal thinking and is part of the Czech judiciary.
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Inspirational Force of the General Austrian Civil Code in the Proposal of the Civil Code for the Czech Republic
Eliáš, Karel
The contribution indicates that the author is one of the key persons participating in the preparation of recodification of the Czech Civil Code. The author pays attention to the development of the proposal of the Code from the preliminaries and laying down the conceptual basis to passing the proposal by the government in May 2011. He points out that the main postulates adopted by the modern codification are ideas which were already expressed in the General Austrian Civil Code, such as respecting a person as a free individual and acceptance of the role of a judge as an authority which both applies and makes law.
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The concept of trust in Czech law
Skuhravý, Jan ; Spirit, Michal (advisor) ; Boháček, Martin (referee) ; Eliáš, Karel (referee) ; Touška, Mikuláš (referee)
During the legislative works on a new Civil Code for the Czech Republic, it has been proposed that the concept of trust be introduced into Czech law, largely by transplanting the concept of fiducie contained in the Civil Code of Québec. The thesis, after introducing the principal concepts of trust as known around the world today, whether in common law jurisdictions, civil law jurisdictions or mixed jurisdictions, describes the principal commercial uses of trust in trust jurisdictions and analyses the possibilities of current Czech law to replicate the trust function not using the trust. The thesis argues that the classical civilist objections to the possibility to implant true trust into civil law jurisdictions are largely unfounded in respect of the Czech legal system. The thesis further performs a comparative assessment of the Czech Civil Code proposal. It is argued that the legal construct at hand in the proposal is actually not trust, but a mere trust-like arrangement, as it lacks one of the trust's most salient features -- transfer of the trust property by the settlor to the trustee. Apart from that, the thesis analyses specific provisions of the proposal and subjects them critique. Based on this analysis, it introduces a number of proposals for the enhancement of the proposed provisions.
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Legal entities
Eliáš, Karel
The new Civil Code Bill regulates legal entities in greater detail than the existing Civil Code. Fundamentals and principles of this regulation.
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