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The concept of carpooling, its development and recent comprehension in judicial practice
Géci, Pavel ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
1 The concept of carpooling, its development and recent comprehension in judicial practice Abstract This thesis focuses on the concept of carpooling, its development and understanding of this concept in commonly spoken and legal language, including the current view of the Czech and European courts. A significant part of the work addresses the legal classification of carpooling. The first part describes the development of carpooling from its inception to the present. In the recent years, carpooling was often associated with the development of modern technology which caused confusion about the exact content of the concept of carpooling. In the second part I analyse carpooling from a linguistic viewpoint, both in terms of commonly used language and from a legal point of view. This also answers the question of whether the content of the concept "carpooling" has possibly changed over time. The third chapter looks at the relationship between carpooling and commercial activity. I try to find out whether any form of carpooling may also have commercial features. I also aim to establish whether there is a certain limit to when an activity can still be considered as carpooling. The fourth chapter discusses the most important case laws in the Czech and European context which deal with the solution of unfair competitive...
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Disinheritance and Forced Heir Protection
Blahová, Eliška ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Disinheritance and Forced Heir Protection - abstract Disinheritance is a significant instrument in inheritance law, protecting the testator's autonomy to dispose of their own property. It allows the testator to deprive their descendants of the right to a forced share in the estate, breaking the centuries-old tradition of intergeneration solidarity. The antithesis to disinheritance is the protection of a testator's descendant, i.e. the forced heir, who, under common circumstances, has the right to be provided for by the testator in their mortis causa actions. However, the legislation concerning these matters is often unclear, inconsistent, and imprecise. The aim of this thesis is to point out these problems and explain them to the reader, offer a comprehensive view on the historical development of both disinheritance and forced heir protection, and describe the current substantive and procedural provisions. The first chapter which defines the basic terminology is followed by a chapter on the historical development of disinheritance and forced heir protection in ancient Rome, the Middle Ages but especially in the Austrian Civil Code (ABGB) and the Czechoslovak Civil Codes of 1950 and 1964. The succeeding chapters are focused on the general rules of disinheritance and forced heir protection, primarily the...
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Unilateral set-off
Veselý, Martin ; Thöndel, Alexandr (referee)
The subject of the diploma thesis is the legal institute of one-sided credit and comparison of its adjustment from several levels; comparison of legislation in the Civil and Commercial Code, comparison with the Czech version, which in 2012, after the recodification of private law, underwent a fundamental change, thus deviating from the modification until then identical with the Slovak Republic and last but not least with the proposal of a common frame of reference as a unifying platforms for the convergence of the private law adjustments of individual Member States of the European Union. The aim of this work is not only to describe the differences in the legislative approach to adapt this institute across the above mentioned levels, a description of the evolution of this legal regulation, but also the definition of lege de ferenda. The work points to the need for a change in the adaptation of this institute; in particular, the need for a clear definition of the conditions for offsetting the outstanding claim, including the moment of its effect. Only in this way will the legal regulation more converge with the requirements of unifying the platform of the common frame of reference, thus eliminating current interpretative discrepancies or imperfections in the case law. In the lege de ferenda...
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Acquisition of the property right from an unauthorized person
Cmíralová, Natálie ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The diploma thesis deals with the topic of acquisition of the property right from an unauthorized person, representing an exception to the Roman law principle nemo plus iuris ad alium transferre potest quam ipse habet, which means that no one can transfer more rights to another than he or she has. Acquisition of the property right from an authorized person represents one of the original ways of acquiring the property right, which significantly infringes on constitutionally guaranteed property right. For this reason, it is necessary to subject the legal regulation of acquisition of the property right from an unauthorized person to closer and critical examination and to assessment whether it complies with European standards of legal regulation of acquisition of the property right from an unauthorized person and whether it satisfies the reproaches aimed at previous legal regulation of acquisition of the property right from an unauthorized person, all after nearly six years after the recodification of private law in the Czech Republic. The diploma thesis in its five chapters presents to the reader a presentation of the nature of rights in rem and property right, historical grounds of the acquisition of the property right from an unauthorized person, a thorough analysis of current Czech legal...
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Damage caused by a defective product - Analysis of the European union regulation in the light of its Czech and French transposition
Mocek, Ondřej ; Thöndel, Alexandr (referee)
This diploma thesis quite thoroughly deals with - at present a very topical - theme "liability for damage caused by a defective product"; thus, with an obligation to compensate for the damage caused by the defective product to its user (or third party), generally imposed on the person who is designated as the "producer" of the product, originally based on the Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) (hereinafter 'Directive 85/374/EEC'). However, this work is not limited only to the (thorough) description of the currently valid and effective Czech implementing legislation. The thesis also compares the Czech legislation with the French implementing regulation, which is of a significantly higher legislative quality and much more faithful to its Union model. In fact, it was specifically France which shaped the final form of this responsibility regime, since it was the French transposition, and the French decision-making (judicial) practice, which was most often the subject of the Court of Justice's, as it ruled on the interpretation of the individual provisions and principles in the text of the previously mentioned directive contained. Nevertheless, France,...
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Legal Institution of Testament
Timková, Barbara ; Thöndel, Alexandr (referee)
This thesis deals with the legal institution of testament. The purpose of the thesis is to characterize and analyse individual aspects of legal regulation contained in the Act No. 89/2012 Coll., Civil Code, and to think about changes and new institutions, that became part of legal regulation. The thesis is divided into an introductory chapter, eight chapters and a conclusion. The introductory chapter covers introduction to the matter and describes the purpose of the thesis. The first chapter deals with characteristics of individual legal titles of succession, such as inheritance contract, testament and intestate succession. The second chapter provides general characteristics of testament as a legal act. The purpose of the third chapter is to describe the conditions of testamentary capacity and its limits. The fourth chapter describes individual forms of testament, such as testament made by means of a private instrument, testament made by means of a public instrument and also concessions in the making of a testament. The fifth chapter focuses on clauses of lesser importance in a testament, such as selection of executor of last will or conditions, determinations of time and mandates. In the sixth chapter we can find deliberation on institutions of substitution of heirship and succession by...
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Lease of an apartment - Comparison between Czech and English legal regulations
Vošahlíková, Veronika ; Salač, Josef (advisor) ; Thöndel, Alexandr (referee)
LEASE OF AN APARTMENT - COMPARISON BETWEEN CZECH AND ENGLISH LEGAL REGULATIONS ABSTRACT The aim of this thesis is to thematically focus on the current legal regulations governing the area of a lease of an apartment. This thesis, inter alia, compares to what extent the legal regulations on lease of apartments in the Czech Republic differ from the English legal regulations and develops a discussion on which of those English legal regulations could the Czech lawmaker get inspired by. The thesis analyses the question of how the legal systems respect the principle of contractual freedom and, at the same time, protect the interests of the tenant, the endeavor to protect the tenant being characteristic for this area of law. The thesis is divided into nine main chapters. The introduction describes the area of lease in general. Within this topic, the basic differences between the Czech and English legal systems are outlined and the distinction between the terms of the lease under both legal regulations are explained. The second chapter focuses on a lease agreement. This chapter includes an analysis of the contracting parties of a lease agreement. The following chapters deal with the rights and obligations of the landlord and the tenant, the sublease, rent and termination of a lease. The chapter dealing with the...
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The concept and the principle of the Trust
Bulušek, Petr ; Elischer, David (referee) ; Thöndel, Alexandr (referee)
The thesis explains the legal regulation of the trust in the context of its historical aspects, as well as the current legal regulation, and can be a basis for possible solutions of questions and problems arising in connection with the establishment and functioning of the trust in ordinary relations and life situations. A considerable part of the thesis from the first to the third chapter represents a detailed description of the historical context of the trust due to the fact that it is precisely this context that is essential for the right interpretation and understanding of the trust. Thus, taking into account the fact that the trust is in the legal order of the independent Czech Republic a new institution and it has not been understood and accepted by the majority public at first. The historical context may also be important in the point of solving problems of the application when the current local jurisdiction is not yet available. The main part of the thesis consists of its fourth chapter which provides a detailed analysis of the legal regulation of the trust contained in the Civil Code No. 89/2012 Coll. The chapter focuses to highlight the positive contribution of the trust in the Czech legal and social environment as well to refute some of the company's apprehensions about possible abuses of...
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Testamentary succession
Brousilová, Gabriela ; Thöndel, Alexandr (advisor) ; Elischer, David (referee)
Resume This thesis deals with the topic of inheritance. With the effect of the new Civil Code from January 1, 2014, the inheritance law and the subject of the testament have become highly discussed matters. This is the result of a legal modification in the Civil Code. It has become more detailed, based on the legal regulation of the ABGB and inspired by the Civil codes of other European countries. After the introductory word, the thesis begins with general principles and principles spanning across the entire inheritance law. The next chapter presents the preconditions for inheritance under the effective Civil Code. For comparison purposes, the fourth chapter briefly describes other inheritance titles known by the Civil Code, namely the inheritance agreement and legal succession. The fifth chapter then mentions the basic functions and principles of the testament. The following chapter deals with the history of the testament and its gradual development over time, as it is one of the two oldest titles. Starting with Roman law, and continuing with Medieval adaptation, ABGB, the government bill from 1937, Civil Code No. 141/1950 Coll. and finally, Civil Code No. 40/1964 Coll. The core of the work is in the seventh chapter, which discusses in detail testament stated in the Civil Code No. 89/2012 Coll. In...
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Selected Issues of Condominium
Koreňová, Lucie ; Thöndel, Alexandr (advisor) ; Dvořák, Jan (referee)
Selected Issues of Condominium Abstract This work deals with selected issues related to the condominium in the civil code (the act No. 89/2012 Coll.) and related legislation, especially with those whose interpretation is controversial. Initially the thesis analyzes the question whether the civil code has brought any changes to conception of the institute of the condominium, mainly with respect to its subject which in Czech legal environment traditionally consists of an apartment on one side and of common areas on the other. Subsequently the thesis analyzes a new conception of the unit as the essential term of the institute of the condominium, and this conception is compared with the previous regulation contained in the Flat Ownership Act. The next part of the thesis is devoted to common areas which are specified in two legal acts since 2014, namely in the Civil code and in the Government order No. 366/2013 Coll., on the regulation of certain issues related to the condominium. Except for the mere specification of common areas, this part of the work analyzes the question whether the enactment of common areas contained in Government order is mandatory or non-mandatory. The next part of the thesis is focused on some issues in the legislation of the owner of the building declaration which the Civil code newly...
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