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The Concept of a Thing in Czech and Swiss Civil Law
Březina, Jan ; Hendrychová, Michaela (advisor) ; Thöndel, Alexandr (referee)
The Concept of a Thing in Czech and Swiss Civil Law This rigorous thesis deals with the concept of a thing in the legal sense. The central subject of the thesis is thus the term "thing" while the aim of the thesis is to compare the concept of a thing in the legal sense as compassed by Czech and Swiss civil law. Whereas Czech law considers beside tangible objects also intangible objects, i.e. rights and another things with no tangible substance to be a thing (so called broad concept of a thing), Swiss law considers solely tangible objects to be a thing in the legal sense (so called narrow concept of a thing). The thesis analysis both these concepts and then compares them, besides that it deals with some special objects of civil law, i.e. a living animal, controllable natural forces and securities including those in book-entry form. The thesis is divided into three chapters: the first chapter deals with the historical development of the term "thing" since Roman law. Besides all legislations that governed this legal term at the area of the contemporary Czech Republic and Swiss Confederation or its individual cantons, the thesis does not omit the most important drafts of civil law codifications that were not passed like the Helvetian Code or a governmental draft of the Czechoslovak Civil Code from...
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Legal aspects of additional works
Lokaj, Adam ; Thöndel, Alexandr (referee)
Submitted rigorous thesis aims to analyze the legal aspects of additional work. In the introduction author deals with genesis of historical-law concepts of additional work. In this part origin of the term and also inspiration to solve contemporary legal issues associated with this topic are being searched. In order to ascertain the origin of the term additional work the author conducts analysis of available historical judicature and periodicals, in which the term of additional work had occurred. In addition of seeking the origin of additional work the emphasis is placed on the approach of courts assessing the legal entitlements arising from additional work. In the first chapter the author also introduces several meanings of the term additional work, which were identified by the conducted analysis. In context with identified meanings, the author offers commentary on individual meanings and offers possible alternative names. The second chapter is generally devoted to the impact of the term additional work agreement on the original contract for work. In this case the historical legal analysis is conducted as well, mainly because the issue of changes in the obligation in the content has undergone substantial changes in the 2014 recodification. The analysis is therefore looking for an inspirational...
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Forms of legal acts
Karim, Martin ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
99 Name of the rigorosum thesis, abstract and keywords Name of the rigorosum thesis: Forms of legal acts This rigorosum thesis deals with the forms of legal acts. Main subjects of the research were interpretative challenges, French Code Civil and German BGB. Methodological approaches used while writing this thesis were mostly the analytical, synthetical, normative and comparative. In the beginning, the author has analyzed legislature, case law and opinions of the legal doctrine. Then, the ascertained facts were scientifically described in a scientific description using a synthetic method. Finally, these were normatively commented on and the Czech legislature was compared foreign ones. The first chapter titled Legal acts and its forms is a general introduction into the subject matter and it presents traditional forms and new forms and elements. Attention is also paid to the fundamental question of changing the content of a legal act utilizing a form different from the original one. In the first part of the thesis, attention was paid to traditional forms of legal acts. The first part consists mainly of chapters 2. Oral legal acts, 3. Written legal acts and 4. Implied legal acts. In all these chapters, the development of legal regulations, application practice and the comparison of the current domestic...
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Dissolution and termination of foundation focusing on its winding up
Studničková, Ivana ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Dissolution and termination of foundation focusing on its winding up Abstract This diploma thesis titled Dissolution and termination of foundation focusing on its winding up is divided into five parts. The main aim of this thesis was to analyze the problematics of dissolution and termination of foundations which is an area quite insufficiently explored and discussed by the professional legal public. The other aim of this thesis was to analyse and evaluate recent Czech legislation of foundation area. Opening part of this thesis is dedicated to the general concept of a foundation as a legal person focusing on the conceptual elements of this legal entity; e. g. its establishment, creation, property, possibility to finance itself through some business activities, compulsory bodies and its activity. The attention was also focused on its historical perspectives and evolution, on the legislation of foundations and also on their current position in society and anticipated future. Second part is dealing with the liquidation process itself as comprehensive and complex procedure following after process of dissolution. Chapters of this part explain e. g. the purpose of liquidation process, the role of liquidator and each step of this procedure. Key part of this thesis is part number three. Main aim of this part is to...
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Ridesharing in the light of private and public law
Korol, Ondřej ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Ridesharing in the light of private and public law Abstract The diploma thesis deals with the legal regulation of ridesharing in the Czech Republic. For the purposes of thesis, ridesharing is defined as any carriage of several natural persons within one car. The thesis analyzes and evaluates the legal aspects of the most common forms of ridesharing, namely carpooling characterized by non-commercial sharing of empty seats in a car and commercial carriage of persons represented by a taxi service. The legal issue of transport applications and carriage of persons, which is realized through them, is also addressed. In order to fulfill the aim of the thesis, it was necessary to analyze pieces of legislation both of public and private law. The first part shows the different usage and meaning of term ridesharing as well as traditional forms of ridesharing. For easier orientation, the relevant legal regulation concerning road passenger transport is also presented. The second part is dedicated to carpooling. The possible legal relationship between persons who participate in carpooling is analyzed in detail. Emphasis is placed on possible contracts which passengers can enter into, especially the contract for the carriage of a person and the mandate contract. The thesis highlights the differences in the rights and...
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International adoption
Kyzlíková, Martina ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Intercountry adoption Abstract The theme of this masters thesis is legal regulation of intercountry adoption. This area of law is current and very severe, because it results in permanent status change for number of people, when one of them is a child, for which it is necessary to provide special protection. Although intercountry adoption can be in certain cases the best solution for particular child, this type of child care brings many risks, for example intercountry abduction or child trafficking. Due to these reasons, it is necessary to correctly to set rules for realisation of intercountry adoption to minimalise these risks, follow the best interest of the child and at the same time to apply this type of child care in a subsidiary way, therefore in case there is not possible to find appropriate family for certain child in its state of origin. The goal of my masters thesis is complex introduction of legal matters of intercountry adoption. The thesis is divided into five chapters, which are further divided into subsections. The first chapter focuses on development of adoption in general, its development from roman law roots to its current regulation in the civil code. Next chapter aims to the historical development of the intercountry adoption and causes for its expansion. Further there are analysed...
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Non-pecuniary harm and its compensation in judicial practice
Kepková, Pavlína ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...
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Easements
Tománek, David ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The aim of the diploma thesis is to provide a description and analysis of the current legal regulation of easements in the Czech Civil Code, especially with regard to its sources of inspiration in the form of the General Civil Code and Government draft of the Civil Code of 1937. The diploma thesis focuses on problematic issues of current legislation, including interpretive methods of their removal and proposals de lege ferenda. The first chapter generally characterizes the easements and describes their theoretical division. The second chapter deals with the historical development of the institute of easements. The concept of servitude in Roman law, which played a key role in shaping the following legislation, is discussed. A treatise on the General Civil Code and the Government Draft Civil Code of 1937, on which the current legislation is mainly based, is published. Attention is also paid to the civil codes adopted during the communist era in 1950 and 1964, which deviated from the traditional concept of easement. Problematic provisions of these legal regulations are analyzed in selected places. The focus of the diploma thesis is the third chapter, which deals with the analysis of the current legal regulation of easements. The definition of easements, their scope and content, subject and methods of...
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Inheritance contract and donation mortis causa
Salač, Josef ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Inheritance contract and donation mortis causa Abstract This thesis presents, defines and examines two institutes of obligation-inheritance law, namely the inheritance contract and donation mortis causa, in the Czech law. Author deals with the most burning issues which are associated with these legal institutes. Thesis is divided into ten main parts. Each part is being divided into chapters and subchapters then. The first part aims to provide a brief introduction to the law of inheritance. Parts two to five are oriented to the historical genesis with a main focus to the present domestic legislation. Attention is also devoted to special regulations of the inheritance contract of spouses and registered partners. The sixth part presents, defines and puts the institute of donation mortis causa into the historical context. Donation mortis causa is a subject of the research in the Roman law and especially in the Czech law. Thesis analyzes donation mortis causa in both of its modalities occuring in the Czech law. The part seven deals with the Roman-law institute quarta Falcidia, due to its relations with the inheritance contract, donation mortis causa and legacies. The part eight is focused on the issues related to the inheritance contract and donation mortis causa with international element. Attention of this...
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Principle of superficies solo cedit
Janíčková, Lucie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the principle of superficies solo cedit, whose roots go back to Roman law. The principle, which can be translated as "the surface gives way to the ground", expresses the rule according to which the land includes everything that arises on it, whether in a natural or artificial way. In the history of the Czech lands, the principle was applied under the General Civil Code from 1811 until the adoption of the Civil Code of 1950. On the contrary, this Code applied the opposite principle and thus introduced separate ownership of land and buildings. The principle returned to our legal system with the adoption of Act No. 89/2012 Coll., The Civil Code. The aim of this thesis is to present the principle in a historical context, to give an explanation of its current form and to specify the problems that arose with the adoption of the principle of superficies. The diploma thesis is divided into four main chapters. The introductory part deals with the historical development of the principle. First, it provides an interpretation of Roman law, in which some important sources of Roman law are discussed. Within the interpretation of the legal history of the Czech lands, attention is focused mainly on the General Civil Code of 1811, which was the first to introduce the application of the...
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