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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
The Substance of the Right of Usufruct
 Czinege, Matěj ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
The Substance of the Right of Usufruct Abstract This thesis deals with the content of the right of usufruct, i.e. its substance. It defines it on the basis of an analysis of the rights and obligations of both the usufructuary and the bare owner. It looks more closely at the issue of the principle of salva rerum substantia and its significance for usufruct as such. It shows that this principle applies as a limitation on the usufructuary's enjoyment of the thing. The thesis then turns to the duty of the usufructuary to maintain the thing and puts it in context with the duty to maintain the thing. The present work defines the individual rights of the usufructuary and also his obligations under the law. It also looks in more detail at the duty of the usufructuary to hand over the thing after the usufruct is over. It does not overlook the special position of the usufructuary in the case of a usufruct over fungible fungible things and principal deposited at interest. It also deals similarly with the rights and obligations of the bare owner, particularly in relation to the subject-matter of the usufruct and the usufructuary. In many respects, the work brings new insights into Czech legal scholarship regarding the institution of usufruct. It defines in more detail the terms substance and form in relation to...
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Pacta Sunt Servanda in Recent Civil Law
 Novotná, Dominika ; Šustek, Petr (advisor) ; Salač, Josef (referee)
1 Pacta Sunt Servanda in Recent Civil Law Abstract The thesis deals with the brocard of pacta sunt servanda and its application in the current Czech civil law. After a brief explanation of the historical circumstances and a concise description of the historical development of private law in Czechia, the first chapter outlines the establishment and the practical confirmation of the pacta sunt servanda principle in the judicial rulings of the Czech Constitutional Court after year 1990. The second chapter analyzes the natural law doctrines that have informed the authors of the Civil Code in drafting the law, including the principle of pacta sunt servanda. The third chapter of the thesis reviews the practical expression of the principle that agreements must be kept, and promises are binding in the applicable provisions of the Civil Code. The freedom of contract is one of the essential tenets of the private law, which gives parties freedom to decide whether to enter into a contract, with whom and the freedom to decide (acting in mutual respect of the equal autonomy of the persons involved) about the contents of the contract. But the freedom is also accompanied by responsibility. One of the possible consequences of the pacta sunt servanda principle is a party's duty to negotiate with care and not to lead a...
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