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Non-existence as a new institution of Czech law
Truhličková, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
1 Non-existence as a new institution of Czech law Abstract: This thesis deals with non-existence, an institution that has been introduced with the Civil Code 89/2012 Coll. as another consequence of defective legal acts in addition to invalidity. The aim of this thesis is to provide an analysis of the institution of non- existence in a broader context. The thesis is divided into seven chapters, including the introduction and the conclusion. For the purposes of a comprehensive interpretation, a general introduction of legal acts and their associated institutes will also be given. The first three chapters contain an analysis of legal facts and, in particular, legal acts. First, the notion or concept of legal fact is defined (including its historical development), followed by the definition of legal act as well as the conceptual changes to this notion. Subsequently, the conceptual features of a legal act (the will and its expression, the focus on producing legal consequences, and the recognition of the manifestation of will as a legal act) and the essential elements of a legal act (the elements of the subject, the elements of the will, the elements of the expression of will, and the elements of the object of the legal act) are discussed. The interpretation of the conceptual features and essential elements of a...
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Ineffectiveness of legal acts within the insolvency proceedings
Chrenovský, Bohdan ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
The topic of this thesis is ineffectiveness of legal acts within the insolvency proceedings. This legal concept forms an integral part of modern insolvency law, since it can be considered an essential and the most frequently used instrument, on the grounds of which the insolvency trustee is able to challenge the insolvent debtor's fraudulent acts that are detrimental to their creditors, who are exercising their rights within the insolvency proceedings. Otherwise stated, this legal concept is crucial for the purposes of protection of the debtor's creditors within the insolvency proceedings. The aim of this thesis is to provide a comprehensive analysis of the effective legal framework of ineffectiveness of legal acts within the insolvency proceedings, as well as of current doctrinal opinions, specialised publications and relevant decision-making practice of courts. The thesis is not limited to a mere adoption of the aforementioned sources, as at many parts of the thesis these are being disputed, criticised or confronted with the author's own conclusions. Where appropriate, the thesis identifies shortcomings of the effective legal framework and presents the author's de lege ferenda considerations related to such. The thesis is comprised of introduction, eight chapters that are systematically...
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Non-existence as a new institution of Czech law
Bláha, Václav ; Zvára, Michael (referee)
Non-existence as a new institution of Czech law Abstract The aim of the thesis is to examine the institute of non-existence which is new in the Czech law. Therefore, the beginning of the thesis is arranged in order to make clear the chronological development of civil law in terms of wrongful conduct and/or wrongful legal act sanctions. Historically, the General Civil Code (ABGB) is of particular relevance. ABGB was an important civil code not only on our territory but also in Austria and other countries of the former Habsburg Monarchy. While the original text of this Code sanctioned wrongful legal acts by invalidity ("Ungültigkeit"), the 1916 amendment introduced another term into the Code, taken from the German Civil Code (BGB), and namely "Nichtigkeit". Although this term means "invalidity" as well, it was mistakenly translated into Czech by the word "nicotnost" (literally "nothingness" in English). In the thesis, the legal situation in the period from 1948 till 2014 is discussed briefly, mentioning in particular the Family Act which, commencing from 1998, included, in addition to the term "invalidity" (of marriage), also the term "non-existence" (of marriage) stating that no marriage is formed in these cases. The following part of the thesis deals with the applicable law. The problems of legal act, its...
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Notarial deed as an obligatory form of juridical act for disposition mortis causa
Ševců, Kateřina ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Notarial deed as an obligatory form of juridical act for disposition mortis causa The purpose of my thesis is to discuss about juridical act for disposition mortis causa which for its validity requires mandatory form of notarial deed with a brief explanation of particular institutes. Submitted work is divided into eight chapters, the first chapter begins with a foreword by which is the work briefly introduced and shows the readers in the issue. The second chapter discusses about the importance of a notarial deed of juridical act for disposition mortis causa and highlights the benefits of drafting these documents by professional lawyer, such as notary, in comparison with risks that might come if the acquirer of these documents decides for a private form. In this chapter I also show on the probative force of public documents compared to private documents. In conclusion of this chapter is a brief list of the mandatory requirement of a notarial deed of juridical act for disposition mortis causa, including authorization to admit and lend these notarial acts. The third chapter deals in detail the "old-new" institute of contract of inheritance, its history and a brief comparison with the institute of donation mortis causa. The fourth chapter of my work pays attention to renunciation of the right of...
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Invalidity of Legal Acting in Civil Law
Štelcigová, Štěpánka ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Invalidity of Legal Acts in Civil Law The purpose of this thesis is to analyse comprehensively the institute of invalidity of legal acts, as the most common consequence of defects of legal acts. The invalidity is one of the most important institutes of private law, because the whole society has always needed to act legally and also to rely on the validity of their legal acts. It is necessary to define essential elements of legal acts and the consequences of non compliance with them. This thesis, which is divided into five chapters, deals with the essential elements of legal acts, the defects of legal acts and most importantly the consequences of these defects which is the nullity and mainly the invalidity and voidability of legal acts. First chapter is introductory and describes the evolution of legislation of civil law in Czech Republic because it has came through many significant changes including the field of invalidity of legal acts. Particularly the Act No. 89/2012 Coll., Civil Code, has brought many positive changes this year. Second chapter is divided into three subchapters. It briefly describes the legal facts and it focuses mainly to legal acting as the most important legal fact. It explains the term and the substance of legal acts, names the essential elements of legal acts and the...
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Ineffectiveness of legal acts within the insolvency proceedings
Chrenovský, Bohdan ; Frintová, Dita (referee)
The topic of this thesis is ineffectiveness of legal acts within the insolvency proceedings. This legal concept forms an integral part of modern insolvency law, since it can be considered an essential and the most frequently used instrument, on the grounds of which the insolvency trustee is able to challenge the insolvent debtor's fraudulent acts that are detrimental to their creditors, who are exercising their rights within the insolvency proceedings. Otherwise stated, this legal concept is crucial for the purposes of protection of the debtor's creditors within the insolvency proceedings. The aim of this thesis is to provide a comprehensive analysis of the effective legal framework of ineffectiveness of legal acts within the insolvency proceedings, as well as of current doctrinal opinions, specialised publications and relevant decision-making practice of courts. The thesis is not limited to a mere adoption of the aforementioned sources, as at many parts of the thesis these are being disputed, criticised or confronted with the author's own conclusions. Where appropriate, the thesis identifies shortcomings of the effective legal framework and presents the author's de lege ferenda considerations related to such. The thesis is comprised of introduction, eight chapters that are systematically...
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Non-existence as a new institution of Czech law
Buchal, Jiří ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Non-existence as a new legal institution of Czech law This paper deals with non-existence as a legal insitution that has been added to the traditional consequence of defective legal acts - invalidity - during the recodification of Czech private law. The aim of this diploma thesis is to comprehensively analyse the legal institution of non-existence. The paper is divided into eight chapters, the introduction and the conclusion. For the purpose of analysing non-existence comprehensively the paper focuses also on systematic explanation of legal acts themselves. The first chapter brings the definition of legal act, deals with different ways to enter into legal acts as well as forms of legal acts provided by law or by agreement of contracting parties. The second chapter focuses on describing the principles of legal act whilst aiming especially on manifestation of will as the essence of legal act. Besides that this chapter deals with creation of legal acts and their legal effects. The chapter three defines the four essential elements of legal acts - the elements of subject, the elements of will, the elements of manifestation of will and the elements of the object of legal acts. The fourt chapter continues with description of legal acts that suffer from defect in one or more of their essential elements,...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Beran, Karel (advisor) ; Cvrček, František (referee) ; Polčák, Radim (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany
Kment, Vojtěch ; Tryzna, Jan (referee)
Electronic Legal Transaction: Comparative analysis with emphasis on the use of electronic signature under the EU law and laws of the Czech Republic and Germany Abstract (English) Objectives. This thesis provides a comparative analysis of electronic legal transactions under the EU law and laws of the Czech Republic and Germany, while emphasising the utilisation of higher versions of electronic signature, especially of a qualified electronic signature, which has legal effects of a handwritten signature in legal transactions performed by electronic means (Chapters 6 to 10). At the same time, increased attention is also paid to entirely novel concepts of advanced and qualified electronic seal, which are intended exclusively for use by juristic persons. The laws under scrutiny are based especially on recently adopted Regulation (EU) No 910/2014, known as eIDAS. To provide a general background, the comparative analysis is preceded by a theoretical part (Chapters 2 to 4, partially Chapter 5), dealing with the concept of legal transactions (also termed "legal acts" or "legal action") in general, while also focusing on the traditional handwritten signature and its functions, especially in view of the German and Czech legal doctrines and with occasional references to common law, as well as to requirements ensuing...
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Putative and invalid termination of employment by the employee
Halalová, Veronika ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
Putative and invalid termination of employment by the employee Abstract The aim of this diploma thesis was to provide the reader with a comprehensive explanation of the issue of putative and invalid termination of employment by the employee and to offer a suitable procedure for resolving such a situation, which the employer could use in these cases. For this purpose, this thesis was divided into four main chapters. The first of them is devoted to a brief definition of the relationship between the Labor Code and the Civil Code, its development in recent years, as well as the definition of the terms employment relationship, its termination and dismissal. Through this introduction to the issue, the exact scope of this thesis is defined, ie the putativeness and invalidity of juridical acts by which the employee unilaterally terminates the employment relationship, namely dismissal, immediate termination and termination of employment during the probationary period. The second chapter deals with juridical acts and their defects. First, the individual conceptual features and subsequently also the requisites of the juridical act are thoroughly analyzed, so that it is possible to deal in detail with individual cases of putativeness and invalidity of termination of employment, and then the concepts of putativeness and...
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