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Settlement of matrimonial property in the probate proceedings
Otradovcová, Zuzana ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
Settlement of matrimonial property in the probate proceedings The purpose of this final thesis entitled "Settlement of matrimonial property in the probate proceedings " is to describe and analyse the rules governing the settlement of the community of property in the probate proceedings and to describe the current legal regulation, including a confrontation of some opinions in the doctrine. The first chapter contains the definition of the concept of community property, the second chapter is about historical development from the General Civil Code to the present day, where both the possibilities of matrimonial property arrangement and the subsequent settlement of this community are described. The third chapter describes the procedural procedure in the probate proceedings for the settlement of the matrimonial property and also describes the protection of the surviving spouse. The fourth chapter describes the different ways of settlement of matrimonial property in the probate proceedings, i.e. the agreement of the surviving spouse and the heirs or a court decision, and also deals with the situation of dissolved but unsettled community property. The brief fifth chapter deals with the situation of registered partners. The final chapter is about comparison with the French legislation, first describing the...
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Laesio enormis
Jirman, Daniel ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
LAESIO ENORMIS Abstract This diploma thesis is focused on the institute of Laesio enormis, which has been returned to the Czech legal system after many years with the effect of the new Civil Code No. 89/2012 Coll. The importance of laesio enormis has been rising currently, when the market place is controlled by powerful commercial instruments and the prices are uncontrollably rising due to various external influences. Therefore this thesis is focused on the analysis of the institute, which is protecting the injured contracting party, and breaks through one of the bacis principles of the civil contract law, such as the autonomy of the will. The aim of this thesis was also to explain the origin of this institute and its development, that was necessary to observe the development of philosophical thinking in relation to the understanding of fair price, which is absolutely crucial in the aplication of the laesio enormis. For better understanding of the valid regulation of the institute in the Czech legal system, the diploma thesis analyzes the individual sources regulating this institue, which can be found mainly in the surrounding European countries. It was also essential to define laesio enormis in the context of other institutes breaking the principle of the autonomy of the will, such as the protection of...
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Autonomy of testator's Will
Šotová, Sandra ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
The rigorous thesis provides an insight of free testator's will. It is divided into five chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the proposal of the new civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the proposal of the new civil law with description of institutes that were not mentioned in previous chapters.
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Freedom to contract in employment relationship
Slabý, Tomáš ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This thesis deals with the actual extent of contractual freedom in labor law relations from the theoretical perspective and from the perspective of its specific consequences in labor law as well. Therefore the thesis consists of two main parts. In part one, the thesis defines the legal principle concept and continues with the autonomy of the will characteristic, from which the contractual freedom principle derives, and then it describes its restrictions as a reset of both the principle of equality and the principle of protection of the weaker party to contract. As follows, the thesis deals with the position of labor law within the private law area, its historical development, the influence of the Constitutional Court decision no. 116/2008 Coll. and the adoption of the new Civil Code in terms of the labor law contractual freedom extent. The ending of the first part is dedicated to the modern "flexicurity" system that seeks to reach the balance between contractual freedom on one hand and an employee protection within labor law on the other hand. In its second part, the thesis aims to analyze particular appearances of contractual freedom within chosen labor law aspects as it both, shortly describes them and assesses them in terms of the space that they provide to contractual freedom and the amount of...
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Donation mortis causa
Drachovský, Ondřej ; Frinta, Ondřej (referee)
Donation mortis causa Abstract Inheritance law, in its broader concept donation mortis causa falls, is being referred to as the hearth of civil law since it interconnects both proprietary (contractual) and personal (family) aspects. Czech civil law recodification meant significant change of inheritance law legislation, including renaissance of wide range of legal institutions including donation mortis causa. This thesis aims to comprehensively and critically assess legal regulation of donation mortis causa in the Czech Civil Code. The emphasis is primarily put on problematic aspects of this regulation. The submitted thesis endeavours to find answer to the question of practical usability of the donation mortis causa. Its author attempts to provide a reasonable interpretation of provisions of lex lata concerning the subject matter of this thesis. The solution of the most serious legislative problems is proposed within the summary of the submitted text. As for the structure, this diploma thesis is divided into six parts, with each part being split in chapters and sub-chapters. The first part depicts the genesis and further evolution of the legal institution of donation mortis causa. The second part defines the terms fundamental for the thesis. This part also includes the answer to the ancient question, how to...
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Employee benefits provided by the employer as a manfestation of the autonomy of will in the labour law relationships
Rejchrtová, Aneta ; Štefko, Martin (referee)
The thesis deals with employee benefits, which considers as a manifestation of the autonomy of will in labor law relationsihps. Without the principle of autonomy of will they could not be granted or used. Thanks to the non-mandatory provisions employers can provide them and mandatory provisions set them limits. Although the topic of employee benefits, as a part of employee care, is more a human resources topic, it is interesting to look at them also from the labour law point of view because of their growing importance. Firstly the thesis tries to approach the functioning of the principle of autonomy of will in labour law relationships, then it generally describes the legal context of employee benefits and subsequently it also mentions issues related to several specific types of employee benefits. Finally the thesis tries to outline the view of employee representatives and employers representatives on employee benefits by using the knowledge gained from the representative of CMKOS and the representative of Czech Chamber of Commerce. The structure of the chapters corresponds to this. The aim of the thesis is to outline the issue of employee benefits in legal context, also through relevant case law. Employee benefits are not explicitly regulated by law, they are such a voluntary performance provided...
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Donation mortis causa
Drachovský, Ondřej ; Frinta, Ondřej (referee)
Donation mortis causa Abstract Inheritance law, in its broader concept donation mortis causa falls, is being referred to as the hearth of civil law since it interconnects both proprietary (contractual) and personal (family) aspects. Czech civil law recodification meant significant change of inheritance law legislation, including renaissance of wide range of legal institutions including donation mortis causa. This thesis aims to comprehensively and critically assess legal regulation of donation mortis causa in the Czech Civil Code. The emphasis is primarily put on problematic aspects of this regulation. The submitted thesis endeavours to find answer to the question of practical usability of the donation mortis causa. Its author attempts to provide a reasonable interpretation of provisions of lex lata concerning the subject matter of this thesis. The solution of the most serious legislative problems is proposed within the summary of the submitted text. As for the structure, this diploma thesis is divided into six parts, with each part being split in chapters and sub-chapters. The first part depicts the genesis and further evolution of the legal institution of donation mortis causa. The second part defines the terms fundamental for the thesis. This part also includes the answer to the ancient question, how to...
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Donation mortis causa
Drachovský, Ondřej ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Donation mortis causa Abstract Inheritance law, in its broader concept donation mortis causa falls, is being referred to as the hearth of civil law since it interconnects both proprietary (contractual) and personal (family) aspects. Czech civil law recodification meant significant change of inheritance law legislation, including renaissance of wide range of legal institutions including donation mortis causa. This thesis aims to comprehensively and critically assess legal regulation of donation mortis causa in the Czech Civil Code. The emphasis is primarily put on problematic aspects of this regulation. The submitted thesis endeavours to find answer to the question of practical usability of the donation mortis causa. Its author attempts to provide a reasonable interpretation of provisions of lex lata concerning the subject matter of this thesis. The solution of the most serious legislative problems is proposed within the summary of the submitted text. As for the structure, this diploma thesis is divided into six parts, with each part being split in chapters and sub-chapters. The first part depicts the genesis and further evolution of the legal institution of donation mortis causa. The second part defines the terms fundamental for the thesis. This part also includes the answer to the ancient question, how to...
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Autonomous will in conflict of laws in international private law
Kolářová, Eliška ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
Autonomous will in conflict of laws in international private law Abstrakt This thesis deals with the traditional private law principle of autonomy of will in conflict of laws in private international law. Its expression is the choice of the applicable law, which is one of the connecting factors. This institute has been known since the Middle Ages, but due to the legislative activity of the European Union, it has recently appeared in areas where it has not previously been. The choice of the applicable law allows participants to choose the law that best suits their needs. The objectives of this work are to map the development of the choice of law and the reasons which led to it. Another objective is to explore the various existing restrictions on the choice of law and to consider their necessity. In the first half of my work I deal with the principle of autonomy of will and the choice of the applicable law in general. I examine both the history of this institute and its advantages, as well as its possible division and limitations. I also mention the debate on the necessity of the presence of an international element in the legal relationship. In the second half of the thesis I examine the concrete form of choice of applicable law in both contractual and non-contractual obligations, inheritance and family law....
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New corporate law imperativeness and dispositivity
Szmuda, Jozef ; Černá, Stanislava (advisor) ; Beran, Karel (referee) ; Marek, Karel (referee)
Název, abstrakt a klíčová slova v anlickém jazyce New corporate law imperativeness and dispositivity Abstract This dissertation thesis focuses on the basic premise that the autonomy of the will, as a fundamental principle of private law, also applies to corporate law. When researching the imperative and dispositive norms of corporate law, one must examine how the autonomy of the will can be manifested and limited. All the limitations of the autonomy of the will to dispose of its private-law relations are realised through certain limits, which set boundaries that cannot be overstepped by the subjects of legal relations. Therefore, this paper contains the categorisation of the types of restrictions on the autonomy of the wills and the limits through which these types of restrictions on the autonomy of the will are realised. Exploring the limits of the autonomy of the will leads to a preliminary conclusion that all these categories follow a general requirement, that the legal actions should be in accordance with the meaning and purpose of law. The meaning and purpose of a legal norm can be considered as a basic criterion for defining the legal norm as imperative or dispositive. However, it must be emphasised that the limits on the autonomy of the will may be imposed not only by imperative norms, but also by...
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