|
|
Consequences of legal defects in labour relations
Hosnedl, Adam ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
1 Consequences of legal defects in labour relations Abstract This diploma thesis deals with the issue of the consequences of defects of legal acts in labour law relations with a focus on the evaluation of the impact of the recodification of private law on labour law relations after almost ten years since its effectiveness. Legal acts occupy a central position in private law relations. Legal entities can shape their own legal relations through their legal acts and at the same time bear responsibility for the consequences caused by it. I have chosen this topic because of the approaching round anniversary of the adoption of the current Civil Code, which has significantly influenced the labour law sector. Even after almost ten years, the issue of defects in legal or labour law acts, including their consequences, does not remain unambiguously agreed upon by the general professional public. Yet the consequences of a given defective legal act are crucial for the assessment of any further procedural course of action in a potential dispute. The diploma thesis sets three sub-objectives, which are gradually analysed in the context of doctrinal and jurisprudential interpretation as well as de lege ferenda considerations. The first aim of the thesis is a thorough analysis of the institution of legal acts and the...
|
|
|
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...
|
|
|
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...
|
|
|
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...
|
|
|
Legal Acts in the Name of an Entrepreneur
Kučerová, Lenka ; Oehm, Jaroslav (advisor) ; Liška, Petr (referee)
The thesis deals with an acting on behalf of legal entity. Its aim is not to produce a comprehensive elaboration on the subject matter but to focus on judicial decisions of the higher courts with an effort to fill in gaps in legislation and to clarify dubious parts of the legal text. Chapter One is introductory and defines basic institutes used in the thesis such as management of the company, acting on behalf of legal entity and decision-making. Chapter Two examines an acting on behalf of the corporation by its corporate agent, a set manner of acting, its limitation and consequences of a concurrence of the agents. The chapter briefly mentions an acting in the name of a company before its incorporation and some aspects of powers of a proctor. Chapter Three concentrates on a representation of a legal entity with focus on a substantive representation. In its beginning, there is a brief characterization of a statutory representation and a representation under the power of attorney. Subsequently, the chapter describes individual types of representation by - a chief executive of the structural unit of the legal entity (s. 13/3 of the Commercial Code), a person authorized to certain conduct (s. 15), other person currently present in business premises (s. 16). Finally, it deals with a representation under the power...
|
|
|
Legal acts aimed at the termination of employment
Benešová, Anna ; Hůrka, Petr (advisor) ; Pichrt, Jan (referee)
Legal acts aimed at the termination of employment Abstract The aim of this thesis is to provide a comprehensive picture of the current and future new regulations on legal acts leading to the termination of employment. The thesis consists of seven chapters, each of them dealing with different issues. The first chapter is devoted to legal acts in general, to the employment relationship and its termination. It specifies what a legal act is and defines its requisites. The definition of the employment relationship and its termination are dealt with in its two subchapters. The second chapter concentrates on one of the legal acts leading to the termination of employment - the mutual termination agreement. This chapter consists of two subchapters, the first one specifying the requisites of the mutual termination agreement, the second one containing a concluding interpretation of this kind of agreement. The third chapter is devoted to the notice of termination of employment, the unilateral legal act resulting in the termination of the employment relationship. This chapter contains five subchapters. The first one deals with the notice period, mainly with its length, its course and its regulation in the conceptual amendment to the Czech Labour Code. The second subchapter concentrates on the notice of termination of...
|
|
|
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...
|
|
|
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,...
|
|
|
Non-existence as a new institution of Czech law
Bláha, Václav ; Hendrychová, Michaela (advisor) ; Šustek, Petr (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...
|
|
|
Relative ineffectiveness of legal act
Tauberová, Andrea ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Relative ineffectivenes of legal act The purpose of this thesis is to analyze the relative ineffectiveness as a special institute of private law. The Act No. 89/2012 Sb., the Civil code, is using a new term "relative ineffectiveness" instead of "objectionability", which was used by the Act No. 40/1964 Sb., the Civil code. The relative ineffectiveness of legal act serves as a protection for credtiros from being unlawfully shorten on their rights by their debtors. The aim of this thesis is to explain a practical side and an importance of this institute. The thesis is composed of four chapters which are divided into subchapters. The core of the thesis lies in chapters 3 and 4. The first chapter of this thesis deals with the general term of legal acts and its elements which are fundamental for the existence, validity and effectiveness of legal acts. In this first chapter the author explains the main requirements of legal acts. In case some of the reguirements are missing, the civil code states a possible sanctions - an absolute and relative invalidity of legal act. The explanation of these sanctions is significant for their mutual differentiation and also for the follow-up analysis of the institute of relative ineffectiveness. The second chapter of this thesis deals with the whole history of the relative...
|
guest ::
