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Donation - comparative study
Hejduková, Martina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Donation is not only a transfer of property, but it is a proof of certain relationship between the donor and the donee, which results from the liberality and altruism of the donor. Therefore it is understandable that majority of donations take place in the frame of family relations, they appear almost every day and they present a highly used contractual type in all legal orders. The legal regulation of donation has been significantly extended by the new civil code (Act no. 89/2012 coll. civil code) compared to the previous regulation and therefore is more compact and detailed, it has been also extended of another reason for revocation of donation, namely for impoverishment of the donor, furthermore the donatio mortis causa, which has been forbidden by the previous civil code has returned to the current regulation. In spite of enactment of new regulation some questions remain unsolved or new questions arise which will have to be answered by the currently non-existent specialized literature and judicial decisions. The aim of the submitted diploma thesis was to evaluate, whether the current legal regulation of donation contract can stand in comparison with the other European regulations, contained it civil codes with long-standing tradition whether it exceeds them in some directions, which deficiencies...
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Donation and its modalities
Čerešňáková, Marcela ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Summary This thesis deals with the issue of donation and its modalities. Due to the fact that the contract of donation is a very often concluded nominate contract, which is like a contract of purchase or exchange, a legal title of ownership transfer, the topic is contemporary and useful for practice. The aim of this thesis is to analyze the current legal regulation of donation, while using relevant judicial decisions. This thesis consists of eight chapters, which are for the purpose of better clarity logically divided into subchapters. The introductory chapter revolves around the issue of donation in general, especially with respect to the conceptual elements of donation, that is gratuitousness, voluntariness and the object of donation. Separate subchapters are then focused on distinguishing donation from similar legal conduct as well as from the pledge to donate. The second chapter deals with the legal regulation of the contract of donation itself, whereas outlined are firstly the differences between a real and a consensual contract of donation. In this part of the thesis the transfer of ownership of the gift is also briefly tackled. Special subchapter is then dedicated to the issue of parties and subjects of the contract of donation. Also discussed in this chapter is the form of contract of donation as...
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Ethics of Philanthropy
Kroupa, Jan ; Sokol, Jan (advisor) ; Pospíšilová, Tereza (referee) ; Hyánek, Vladimír (referee)
Charles University Faculty of Humanities Applied Ethics Ethics of Philanthropy Annotation of Doctoral Thesis Mgr. Jan Kroupa Supervised by: prof. PhDr. Jan Sokol, CSc., Ph.D. 2020 ANNOTATION The increase in private wealth in our cultural circuits has been unprecedented which fosters growth in private philanthropy. Charitable giving has been on a rise throughout the western world, including the Czech Republic, where we can document long-term and steady growth in both the number of charitable gifts as well as in the amount donated. In parallel, on the beneficiary side, there is a stabilized sector of well-established civic organizations covering the standard array of charitable topics. We may state that following 1989, the Czech civic sector has been revived, showing - despite all challenges - most signs of healthy maturing. In this paper, we attempted to capture the cultural and social context of philanthropy from the point of view of practical philosophy. We examined the rich roots of philanthropy and described the processes of its institutionalization until now. We paid special attention to describing the current situation of philanthropic giving in the Czech Republic. On basis of the above, we debated some of the dilemmatic questions of today's philanthropy, such as selecting the beneficiary and donor...
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Social favours and other liberalities in Czech private law
Pražák, Petr ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This thesis is focused on voluntary acts of generosity that do not give rise to any mutual obligation (liberalities), but which are, however, often very similar to it. This thesis first concentrates on the concept of liberalities in the existing literature and case law. The results from this search show that liberalities have not been given much attention so far and that even basic conceptual issues, such as relationship between liberalities and main institutes of private law (juridical acts, contracts, obligations), have not been properly resolved. According to some concepts, liberalities are acts of low pecuniary value and have no legal consequences (and hence no legal significance), while, according to other concepts, liberalities may have high pecuniary value and legal significance. According to some concepts, the expressed intention of the acting person and its perception by the addressee is decisive to distinguish liberalities from obligations (or juridical acts), while, according to other concepts, the objective circumstances in which the persons act are decisive. Last but not least, this thesis focuses on the precarious loan. For a long period of time, the precarious loan has been non-binding agreement. However, since the entry into force of the Act No. 89/2012 Coll., it is systematically...
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A gift - transformations over time
Kunstová, Dorota ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Dorota Ryčlová A gift - transformations over time Abstract This thesis is focused on a gift as an object of gift-giving and its purpose is to analyse this institute as completely as possible. Both from historical point of view, as well as from the perspective of actual legislation. Not even the perception of a gift by other sciences like psychology, anthropology, economy or diplomacy will be left aside. One of the introductory chapters is concerned with gift transformating in law from the Code of Hammurabi, over the Roman law and the Middle Ages up to the regulation of the Austro- Hungarian Empire, the First Czechoslovak Republic and both civil codes valid and effective in our territory in the second half of the twentieth century. Naturally, the largest extent is devoted to the conception of a gift in current legislation, especially in the Act No. 89/2012 coll. civil code (hereinafter referred to as the New Civil Code - "NCC"). Not only from the point of view of NCC Stat. §§ 2055-2078, which deals with different forms of the gift itself (and gift-giving and contract of donation respectively), but also from the point of view of other NCC provisions explicitly mentioning gift or gratuitously provided performances. For the needs of distinguishing between a gift stricto sensu and any other similar performances,...
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Donation and its modalities
Čerešňáková, Marcela ; Elischer, David (advisor) ; Dvořák, Jan (referee)
1 Summary This thesis deals with the issue of donation and its modalities. Due to the fact that the contract of donation is a very often concluded nominate contract, which is like a contract of purchase or exchange, a legal title of ownership transfer, the topic is contemporary and useful for practice. The aim of this thesis is to analyze the current legal regulation of donation, while using relevant judicial decisions. This thesis consists of eight chapters, which are for the purpose of better clarity logically divided into subchapters. The introductory chapter revolves around the issue of donation in general, especially with respect to the conceptual elements of donation, that is gratuitousness, voluntariness and the object of donation. Separate subchapters are then focused on distinguishing donation from similar legal conduct as well as from the pledge to donate. The second chapter deals with the legal regulation of the contract of donation itself, whereas outlined are firstly the differences between a real and a consensual contract of donation. In this part of the thesis the transfer of ownership of the gift is also briefly tackled. Special subchapter is then dedicated to the issue of parties and subjects of the contract of donation. Also discussed in this chapter is the form of contract of donation as...
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Donation - comparative study
Hejduková, Martina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Donation is not only a transfer of property, but it is a proof of certain relationship between the donor and the donee, which results from the liberality and altruism of the donor. Therefore it is understandable that majority of donations take place in the frame of family relations, they appear almost every day and they present a highly used contractual type in all legal orders. The legal regulation of donation has been significantly extended by the new civil code (Act no. 89/2012 coll. civil code) compared to the previous regulation and therefore is more compact and detailed, it has been also extended of another reason for revocation of donation, namely for impoverishment of the donor, furthermore the donatio mortis causa, which has been forbidden by the previous civil code has returned to the current regulation. In spite of enactment of new regulation some questions remain unsolved or new questions arise which will have to be answered by the currently non-existent specialized literature and judicial decisions. The aim of the submitted diploma thesis was to evaluate, whether the current legal regulation of donation contract can stand in comparison with the other European regulations, contained it civil codes with long-standing tradition whether it exceeds them in some directions, which deficiencies...
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Legal and Ethical Aspects of Foundations and Foundation Funds
NOVOTNÁ, Lucie
The work deals with the legal and ethical aspects of Christian foundations and endowment funds. The first step is to familiarize ourselves with the basic concepts. The next part of the thesis deals with donations from an ethical a Christian perspective. A brief introduction to the historical development of the foundations and endowment funds, description of the current legislation, foundations and endowment funds and their comparison are integral part parts. In conclusion, the work discusses the possible problems associated with the activities of foundations and endowment funds, the very credibility of Foundations and the degree of people's willingness to participate in fundraisers. The thesis analyzes the compliance with obligations for these entities, including the available public and private mitigation activities, are a foundations and endowment funds greatest problems in complying with the requirement to prepare and publish an annual report. These annual reports should include a true picture of the activities of the foundation.
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Analýza hospodaření nadačního sektoru
Řiháčková, Petra ; Slintáková, Barbora (advisor)
Práce je zaměřena na problematiku nadačního sektoru. Zabývá se oblastí nadací. První část je věnována obecné charakteristice těchto organizací, financování a hospodaření. Ve druhé části se zkoumá činnost konkrétní organizace, je zobrazeno reálné fungování v praxi. Třetí část je věnována analýze dat získaných výzkumem veřejného mínění.Výsledky analýzy dat z dotazníkového šetření dokazují, že veřejnost je ochotna přispívat na činnost dobročinných organizací.
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