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Professional Ethics of Notaries in the Czech Republic
Raszyková, Hildegarda ; Friedel, Tomáš (advisor) ; Chmel, Jan (referee)
Professional Ethics of Notaries in the Czech Republic Abstract This diploma thesis titled "Professional Ethics of Notaries in the Czech Republic", aims to provide a systematic and comprehensive overview of this topic. Notaries in the Czech Republic are a crucial part of the legal system and thus are trusted by the public, emphasizing a strong focus on a high standard of professional ethics. This thesis is an excursion into the development of the notary profession, its principles, and the legal and statutory regulations that govern it. The thesis is organized into three main parts which are further divided into subchapters. The first part of this diploma thesis is dedicated to the topic of ethics and morality and to the connection of these philosophical disciplines with law. In this section, the areas of ethics that form the basis of contemporary professional ethics are outlined in detail. Additionally, the thesis discusses morality and, last but not least, the tripartite relationship between ethics, morality, and law. The second part of the thesis is focused on professional ethics and is primarily explaining this phenomenon, which is currently gaining importance, in detail. To properly introduce this topic, legal professions such as attorney, bailiff, and judge are selected. These professions are presented...
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Property valuation for inheritance
Osmanová, Sára ; Hrabincová, Dagmar (referee) ; Krejza, Zdeněk (advisor)
The bachelor thesis is focused on defining general methods of appraising property for purposes of inheritance and on subsequent analysis of financial aspects of the inheritance. For the inheritance proceedings it is necessary to set the usual price of assets of the inheritance, which is needed for determining the notary's remuneration. In the case study apprasials of usual real property prices in Čebín were made. The comparative method was used for appraisal.
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Notary - comparison in Czech and French legal system
Valter, Štěpán ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Notary - comparison in Czech and French legal system Abstract This thesis deals with the comparison of the notarial profession in the Czech and French legal system. The aim of the thesis is to compare selected legal institutes of the notarial profession from the perspective of Czech and French legislation. The institutes in question represent the basic parameters of the notarial profession and therefore the author also tries to reach a comprehensive view of notarial profession and to present it from the perspective of Czech and French legislation. The author tries to achieve these aims primarily by means of descriptive and comparative methods. The diploma thesis is divided into six parts, with each part dealing with a selected legal institute from the perspective of both Czech and French legislation. The first part deals with the general concept of notary public and its world concepts, which are the Latin-type notarial system and the Anglo-Saxon notarial system. The second part is devoted to the basic legal basis of the notarial profession. In both the Czech and French cases, it deals with the person of the notary and his/her office, the prerequisites for exercising notarial activities, the various ways of exercising notarial activities and the notary's staff. The third part of the thesis deals with the...
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Notary in the legal order of the Czech Republic and Australia
Šmídová, Kateřina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this thesis, called "Notary in the legal order of the Czech Republic and Australia", is to introduce general principles of the notary's role in the Czech Republic and Australia with a subsequent comparison of these two codes and a description of their differences. The first part deals with the functions of a notary in the Czech Republic and introduces our regulation of a notarial office. The first chapter is dedicated to the history of the notarial office in the Czech lands. The next chapter presents the principal law regulations that set the notarial office's rules and notaries' powers. The subsequent chapter deals with the procedure and conditions of notary appointments and notarial office. Within the chapter, the notarial staff is introduced, as well as the reasons for removal from office. The fourth chapter, called "Notarial Powers", examines different functions of notaries, for example inheritance procedure or drawing up of Notarial Records. The further chapter illustrates what fees for notarial services are and how they are determined. The last chapter of the first part provides information about the lists and registers led by the Notarial Chamber of the Czech Republic. The second part of the thesis is devoted to notaries public in Australia. Similarly to the first part, the first...
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The activity and importance of a notary in inheritance proceedings
Kroupa, David ; Sedláček, Miroslav (referee)
The activity and importance of a notary in inheritance proceedings The topic of this rigorous thesis is the function and significance of the notary in the inheritance proceedings with a focus on activities aiming to fulfil the main goals and implementation of these functions in the inheritance proceedings as well as the clarification of the decision-making activities. The main objective of this rigorous thesis is to provide its reader an overview of issues related to the inheritance proceedings, specifically concerning the main objectives and functions of these proceedings as well as the decision-making activities and the importance of the notary. In accordance with the set objective, the core of the rigorous thesis is focusing on the activity of a notary fulfilling the main functions in the inheritance proceedings, i.e. on his legitimating and property function. Furthermore, the thesis concerns the decision-making function of the notary, as well as the decision-making process of the court in the inheritance proceedings or more precisely the decisions representing the result of this activity. The rigorous thesis has a following structure. It begins with its introduction. Furthermore, it is divided into five chapters which are subsequently divided into detailed and interconnected chapters devoted to...
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Inheritance proceedings in the Czech Republic and Austria comparative study
Gadasová, Simona ; Macková, Alena (advisor) ; Frintová, Dita (referee)
108 Inheritance proceedings in the Czech Republic and Austria Abstract This rigorous thesis entitled "Inheritance proceedings in the Czech Republic and Austria" focuses on the analysis of legal regulation of probate in both mentioned countries and also on their comparison. The aim of this work is not a detailed description of all institutes related to probate, but rather a comprehensive overview of the proceedings in both countries. Furthermore, this thesis focuses on pointing out the problems occurring in notary practice in connection with inheritance proceedings, which in some respects are brought about by unclear legal regulation as well as certain changes and news in society, which are also manifested in court proceedings. Part of this thesis is also the proposal of possible legislative solutions to the mentioned problems. The work itself is divided into three main parts, namely Inheritance proceedings in the Czech Republic, Inheritance proceedings in Austria and a Comparison of probate proceedings in the Czech Republicand in Austria. The first part of this thesis focuses on the historical development of notaries in our country, its current status and legal regulation. Subsequently, the probate proceedings are described in general terms, including the principles applied in it, its participants and also...
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České Budějovice notarial chamber and its members in the years 1851-1951
KÁROVÁ, Zuzana
This diploma thesis focuses on České Budějovice notarial chamber and notary public in its jurisdiction. The starting date for this diploma is the year 1851 when new notary regulations were promulgated by Emperor{\crq}s patent n. 366/1850 which marked the beginning of present notary public. Even though the notarial chamber itself was founded 20 years later, at that time notaries had already started to operate and the function of notarial chamber was administered by regional court. The second turning point was the year 1951 and the passing of law n. 115/1951 when notary public has been transferred under state control. The introduction of this work consists of a chapter explaining referential literature and sources. Concentrating on the appointed period, the next chapter discusses the development and organization of notaries from early beginnings. However, the core of this work is the history of the notarial chamber itself and the history of individual notarial districts the notarial chamber consisted of. Not only does this chapter describe the historical development of notarial chamber, but also its organization, its activities and the reciprocal relationships between notary public and courts. Employing the short biographies format, a special attention is devoted to individual notary public members. Notaries are portrayed as a homogenous profession and, taking their official job aside, another item of interest is their personal life and public position - as they quite often played a major role in public, political and cultural activities and belonged to regional elite. Another topic is the self-reflexions of notaries and the public opinion about this profession. The concluding part is followed by a list of literature and sources, tables and appendix with pictures.
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Judiciary, Advocacy and Notary in Strakonice 1850-1938
PODHORSKÁ, Anna
Supposed work on the theme Judicary, Advocacy and Notary in Strakonice 1850-1938 deal with development of legal rules and state administration since the days of birth of district courts` system until period of end of the first republic. Forementioned time period was selected intentionally on the basis of extant archive materials, which were necessary for elaboration of the subject. Concretely the work applies itself to description of workload of juridical profession, personal life of their representatives operating in Strakonice and eventually to their function in community. Law and order deputies played a important role not only in political but also in cultural and public life. Very often they acted in municipal government, in some cultural club and of course they performed their professions at the same time. So called provincial practice run at small town did not offer big or revolutionary cases, still it was interesting. Spectrum of adjudications and legal and notarial agenda provide insight to people{\crq}s manners and behaviour in a given period. Purpose of the work is to bring closer juridical history of the region I come from.
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The activity and importance of a notary in inheritance proceedings
Kroupa, David ; Sedláček, Miroslav (referee)
The activity and importance of a notary in inheritance proceedings The topic of this rigorous thesis is the function and significance of the notary in the inheritance proceedings with a focus on activities aiming to fulfil the main goals and implementation of these functions in the inheritance proceedings as well as the clarification of the decision-making activities. The main objective of this rigorous thesis is to provide its reader an overview of issues related to the inheritance proceedings, specifically concerning the main objectives and functions of these proceedings as well as the decision-making activities and the importance of the notary. In accordance with the set objective, the core of the rigorous thesis is focusing on the activity of a notary fulfilling the main functions in the inheritance proceedings, i.e. on his legitimating and property function. Furthermore, the thesis concerns the decision-making function of the notary, as well as the decision-making process of the court in the inheritance proceedings or more precisely the decisions representing the result of this activity. The rigorous thesis has a following structure. It begins with its introduction. Furthermore, it is divided into five chapters which are subsequently divided into detailed and interconnected chapters devoted to...
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The notary and civil procedure
Štibingerová, Radka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The title: The notary and civil procedure The aim of the thesis is to map the activity of notaries in the legal order of the Czech Republic, which is considered to be very specific by public. The thesis focuses on the relationship of the notary and the civil procedure. It deals with the role of the notary in the civil procedure. The thesis is divided into six chapters. The first one describes the history of a notary public and the assumptions for notarial activity and for its commencement are also clarified. Part of this chapter deals with the basic features of the notarial profession, such as the impartiality and independence of notaries, the principles of which notary public is controlled, and notarial career. The second chapter of the thesis focuses on the relation between a notary and civil procedure, which can be defined as process of the court and the participants in order to provide the protection of subjective rights and obligations. One of the areas, where the role of the notary is reflected is legal assistance. The third chapter concerns with the provision of the legal assistance by the notary. The notary may act as a representative of the party and then has the status of a lawyer. The term legal assistance refers to representation in the proceedings before courts and other authorities,...
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