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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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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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