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Trust as a legal implant
Benešová, Martina ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
117 Abstract Title: Trust as a legal implant Subject of this thesis is a trust and its implementation in the Czech law. The fundamental question behind this thesis is whether it is possible to successfully implement common law trust in continental legal systems. In recent decades, a number of new legal institutions have appeared in Europe, falling into the category of so-called fiduciaries, which fulfil the functions of a trust. Therefore, it is appropriate to assess how to incorporate this institution into our law so that it does not disrupt the local legal system and at the same time does not lose its elementary attributes. The first chapter is focused on historical forms of trust in Europe, starting with Ancient Rome, through the Middle Ages to modern fiduciary forms in Czech law. The content of the second chapter is focused on a comparison of foreign forms of trust. In the first part, an analysis of the legal regulation of the common law trust and its historical predecessors is processed and a comparison is made with historical European trust forms. Other parts deal with the study and comparison of the current trust structures of some European countries, namely France, Germany and others. The subject of the third chapter is an analysis of the legal regulation of the trust of the Canadian province of...
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The issue of life imprisonment
Vršanský, Robert ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
This thesis is concerned with the issues of unconditional imprisonment with the focus on early release of prisoners. A comparison of legal framework in the Czech Republic and the Great Britain is provided. The first chapter deals with the meaning and objectives of punishment. It shows a history of legal theories in the world and the Czech Republic as well. The following chapter provides an explanation of these legal theories in the Czech legislature as basic sentencing principles. Moving further into the detail it provides a legal framework of unconditional imprisonment in the Czech Republic. The third chapter gives a brief look at the history of legal framework of imprisonment on the international, European and national level. The thesis gives a thorough examination of the early release in the Czech law in its first main part. It evaluates its advantages, disadvantages and implications. The same process is made in the second main part of the thesis concerning the early release in Common law using the doctrine of judicial precedent. Following that evaluation a comparison of particular legal institutes of the early release is provided. Recommendations for improvement of the Czech legal framework are mentioned in the last part of the thesis. Powered by TCPDF (www.tcpdf.org)
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Self-defense - Comparison of Czech Law with the Model Penal Code of the United States and Common Law
Hofmanová, Štěpánka ; Bohuslav, Lukáš (referee)
This thesis aims to define the differences between the concept of self-defense under the criminal law of the Czech Republic and the United States of America, to assess their practical implications and propose possible recommendations de lege ferenda for the Czech legislation. Within the United States, the thesis further distinguishes between the concept of self-defense under the common law and the so-called Model Criminal Code, which together with the common law represents one of the most important sources of US criminal law. The thesis first compares the differences between the Continental and Anglo-American legal system, from which the respective national legal systems derive. Next part of the thesis further characterizes the Czech and American legal system, especially with regard to the status of criminal law and the role of jurisprudence within it. Particular attention is paid to the division of US legal system into federal and state, and the related issues of the organization of the judiciary and the system of precedents between various judicial bodies. This part then further introduces the aforementioned Model Criminal Code, which presents a compilation of the views of high-profile experts in the field of criminal law regarding the ideal form of criminal substantive law in the United States....
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A comparison of due managerial care of a member of governing body in the Czech Republic and a comparable duty of a member of governing body in Ireland
Pečinka, Martin ; Josková, Lucie (advisor) ; Čech, Petr (referee)
This paper deals with a comparison between the Czech duty of due managerial care of a member of governing body of limited company and the Irish non-fiduciary duty to exercise care, skill and diligence of a director of limited company (hereinafter also referred as "duty of care"). The paper aims to find out a possible way to improve legislation of the duty of due managerial care on the basis of comparison with the duty of care. The duty of care sets the ground for the comparison, therefore the paper deals first with the Irish legal status of the duty of care, which has been recently changed by the Companies Act 2014. Despite of the codification of the directors' duties, the core of interpretation and application of the duty of care still rests in judicial decisions. Nevertheless, the change of source and statutory wording of the duty means that the substance of Re City Equitable [1925] does not represent a good law anymore. The standard of care of Re City Equitable [1925] has been replaced by the minimal objective standard based on the British judgment Re D'Jan of London [1994]. The content of the duty of care is determined on the case by case basis, but in any event it consists of conclusions of the British judgment Re Barings [1999], which has been accepted by the Irish courts in restriction...
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Protection of personal rights in continental system and common law
Ondřejová, Eva ; Švestka, Jiří (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
With the increased global infringement of personal rights, it is necessary to be aware of the protection in the different legal systems, especially Anglo-American. Even if the consequences are to be felt in the domestic legal order, the enforceability is recognized under the foreign legal order. The protection is worldwide and through the case law from the European Court of Human Rights the two legal systems - Common law and the Civil Law are penetrating the legislation and the case law in respect of the institute of the protection of personal rights. The doctorate thesis presents the complex introduction to the area of protection of personal rights in the Common law, especially in English law, Commonwealth countries and USA that has not been presented yet for the Czech legal professionals. The thesis explains theoretical concept of the Common law and its background for the purpose of explanation of differences of examined legal orders. The institute is explained on the key historical case law that led to establish the Common law principles. The thesis uses the current and topical legal cases and problems that the orders face in the 21st Century.
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Insanity: Comparison of Czech and Americal legal concept
Břenková, Anna ; Pelc, Vladimír (referee)
Insanity: Comparison of Czech and American legal concept Abstract The aim of this thesis is to capture the essence of the institute of insanity from the substantive point of view according to the Czech and American legislation and to deduce any differences from them. First, the continental legal system on which the Czech legal order is based is compared with the Anglo-American legal system from which the American legislation is derived. Subsequently, the basic pillars of the Czech legal order including the position of criminal law are defined. Attention is also paid to the political system of the United States, because, as a result of federalism, there are two levels of law that have a significant impact on national legislations. Hereupon, the structure of criminal liability according to Czech law is analyzed. Since the prerequisite of criminal liability is the commission of a criminal offense, this is also defined. For the purposes of comparison, circumstances excluding punishability as well as circumstances excluding liability are outlined. Due to the fact that US law is based on common law, criminal liability is defined both from the perspective of common law and the Model Penal Code, which are of the basic sources of US criminal law. Next part of the thesis is focused on the institute of insanity in the...
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Insanity: Comparison of Czech and Americal legal concept
Břenková, Anna ; Pelc, Vladimír (referee)
Insanity: Comparison of Czech and American legal concept Abstract The aim of this thesis is to capture the essence of the institute of insanity from the substantive point of view according to the Czech and American legislation and to deduce any differences from them. First, the continental legal system on which the Czech legal order is based is compared with the Anglo-American legal system from which the American legislation is derived. Subsequently, the basic pillars of the Czech legal order including the position of criminal law are defined. Attention is also paid to the political system of the United States, because, as a result of federalism, there are two levels of law that have a significant impact on national legislations. Hereupon, the structure of criminal liability according to Czech law is analyzed. Since the prerequisite of criminal liability is the commission of a criminal offense, this is also defined. For the purposes of comparison, circumstances excluding punishability as well as circumstances excluding liability are outlined. Due to the fact that US law is based on common law, criminal liability is defined both from the perspective of common law and the Model Penal Code, which are of the basic sources of US criminal law. Next part of the thesis is focused on the institute of insanity in the...
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Angloamerican, European, Islamic legal culture (comparative study)
Kalíšková, Lucie ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
ii Abstrakt a 5 klíčových slov v anglickém jazyce Anglo-American, European, Islamic legal culture (comparative study) Abstract The aim of the J.D. qualification thesis is to describe the large legal systems and to analyze them in the form of a comparative study. The J.D. qualification thesis consists of six chapters. The first chapter contains the characteristics of large legal systems and their differentiation and, in addition to the compared legal cultures, it also briefly discusses African customary law, the customary law of the Indian subcontinent (based on the religious tradition of Hinduism and Buddhism) and Sino-Japanese legal culture. The second chapter focuses on the description of Anglo-American legal culture and its subsystems, especially English law, US law, Canadian law, legal systems of Australia and New Zealand. The third chapter deals with continental legal culture and its subsystems, specifically the French, Austrian, German, Swiss, Scandinavian, Latin American and European Union legal cultures. At the same time, this chapter briefly summarizes other important civil law codifications of European countries, such as the Netherlands, Romania and Russia. The fourth chapter is focused on the Islamic legal culture and the importance of religion in society. The main part of the J.D. qualification...
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Insanity - Comparison of Czech and Americal legal concept
Břenková, Anna ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Insanity: Comparison of Czech and American legal concept Abstract The aim of this thesis is to capture the essence of the institute of insanity from the substantive point of view according to the Czech and American legislation and to deduce any differences from them. First, the continental legal system on which the Czech legal order is based is compared with the Anglo-American legal system from which the American legislation is derived. Subsequently, the basic pillars of the Czech legal order including the position of criminal law are defined. Attention is also paid to the political system of the United States, because, as a result of federalism, there are two levels of law that have a significant impact on national legislations. Hereupon, the structure of criminal liability according to Czech law is analyzed. Since the prerequisite of criminal liability is the commission of a criminal offense, this is also defined. For the purposes of comparison, circumstances excluding punishability as well as circumstances excluding liability are outlined. Due to the fact that US law is based on common law, criminal liability is defined both from the perspective of common law and the Model Penal Code, which are of the basic sources of US criminal law. Next part of the thesis is focused on the institute of insanity in the...
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Advantages and disadvantages of the at-will employment doctrine
Váchová, Kateřina ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
Advantages and disadvantages of the at-will employment doctrine Abstract This diploma thesis is focusing on the at-will employment doctrine, which is the default principle dominating employment law in the United states of America. Its aim is to evaluate advantages and disadvantages of the at-will employment doctrine. As a prerequisite for further analysis of possible advantages and disadvantages, the thesis in its first part defines terms such as employment law, employment contract and employee in the context of legal order of the United States and takes into account significant differences arising from the differences between anglo-american and continental legal culture. As a next step in its second part this diploma thesis provides a description of basic compoments and historical development of the at-will doctrine, which is the default and key principle controlling employment relationships. In the third to fifth part the thesis is dedicated to the three main exceptions to the doctrine, which were developed by common law over time. These exceptions are public policy, implied in fact contract and a covenant of good faith and fair dealing. Each of these exceptions is at first conceptually defined and then its influence on employment relationship disputes is described. Continuously, it is summarized in which...
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