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Mandatory rules in the Civil Code
Vrbová, Katarína ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Mandatory rules in the Civil Code Abstract The diploma thesis entitled "Mandatory rules in the Civil Code" is dedicated to the analysis of mandatory rules in Act No. 89/2012 Coll., the Civil Code. The aim of this thesis is the theoretical definition of the concept of mandatory and non- mandatory rules and legal rule itself, which is necessary for framing them within the context; the analysis of the valid legislation in the Civil Code as well as the legislation immediately preceding it and a comparison with the current and past recodification efforts in the Slovak Republic. Therefore, the thesis is systematically divided into three parts. Firstly, the term legal rule is defined in the initial part of the work, the specific features, structure and classification of the legal rules are discussed. Furthermore, it provides a definition of a pair of the terms mandatory and non-mandatory, as it is defined in the Czech Republic, but also abroad as well as a brief historical overview. Finally, the attention is drawn to a specific decision of the Supreme Court of the Czech Republic regarding the nature of the provision regulating the amount of default interests. In the second part of the work, the currently applicable legislation in the Civil Code is discussed. At this point we can find a description of the...
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Mandatory rules in the Civil Code
Mendrek, Piotr ; Elischer, David (referee)
Mandatory rules in the Civil Code Abstract The aim of this diploma thesis entitled "Mandatory rules in the Civil Code" is to analyse the mandatory rules in Act No. 89/2012 Coll., the Civil Code (hereinafter "CC"), in terms of their theoretical definition, the way of their identification and occurrence. The work is therefore systematically divided into three parts. The first part deals with the conceptual and contentual definition of the mandatory rules and defines the differences between the mandatory and non-mandatory rules. Various types of mandatory rules are also discussed, with particular emphasis being placed on analysing the category of so-called relatively mandatory rules. In this part, the author profoundly deals with a division of rules into mandatory and non-mandatory. Moreover, the author discusses the pivotal principle of private law - the principle of autonomy of will. On one hand, this principle mirrors the non-mandatory rules of the Civil Code. On the other hand, it is pointed out to the necessity of limiting the autonomy of the will through the mandatory rules. The second part of the diploma thesis is devoted to the long-standing problem of identifying a mandatory rule. First of all, the legislative techniques used by the legislator for distinguishing mandatory and non-mandatory rules are...
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Mandatory rules in the Civil Code
Mendrek, Piotr ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Mandatory rules in the Civil Code Abstract The aim of this diploma thesis entitled "Mandatory rules in the Civil Code" is to analyse the mandatory rules in Act No. 89/2012 Coll., the Civil Code (hereinafter "CC"), in terms of their theoretical definition, the way of their identification and occurrence. The work is therefore systematically divided into three parts. The first part deals with the conceptual and contentual definition of the mandatory rules and defines the differences between the mandatory and non-mandatory rules. Various types of mandatory rules are also discussed, with particular emphasis being placed on analysing the category of so-called relatively mandatory rules. In this part, the author profoundly deals with a division of rules into mandatory and non-mandatory. Moreover, the author discusses the pivotal principle of private law - the principle of autonomy of will. On one hand, this principle mirrors the non-mandatory rules of the Civil Code. On the other hand, it is pointed out to the necessity of limiting the autonomy of the will through the mandatory rules. The second part of the diploma thesis is devoted to the long-standing problem of identifying a mandatory rule. First of all, the legislative techniques used by the legislator for distinguishing mandatory and non-mandatory rules are...
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