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Acquisition of a right in rem from an unauthorised person to a thing registered in a public register
Černý, Martin ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Acquisition of a right in rem from an unauthorised person to a thing registered in a public register Abstract This diploma thesis deals with the topic of the acquisition of ownership right to a real property registered in the cadastre of immovables from an unauthorized person based on a legal conduct. This scope of research was determined within a broad assigned topic. The research task of this thesis consists of the analysis of the role and status of legal principles in the mentioned matter and relevant periods of time. The subject of the research is the legal regulation effective until 2014, under which there was no regulation of the acquisition of the ownership right to a real property from an unauthorized person in Czech legal order, as well as the time period after the great private law recodification came into effect in 2014. As a part of the great private law recodification, the new civil code came into effect introducing fully implemented principle of material publicity, thus the possibility of acquisition of ownership right to a real property from an unauthorized person was established by law. This diploma thesis is divided into five chapters. First three short chapters represent the necessary general introduction to the topic, containing the explanation of important terms, that are further used in...
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Right to a fair trial in the constitutional court's decisions
Vančura, Jan ; Hofmannová, Helena (advisor) ; Řepa, Karel (referee)
- right to a fair trial in the constitutional court's decisions Right to a fair trial is rather an indispensable tool in the whole inventory of law mechanisms, due to the fact, it's being the only option we have, that enables the substantive law to come alive. Furthermore, it really designs the sole environment for the judiciary, thus being one of the essentials of the modern, democratic state, ruled by law. The thesis consists of five parts. Introduction opens with setting of the questions, the thesis is willing to give the answers to. History, being the important part of examined topic, is touched briefly, bringing upon the main points it's got to say to the contemporary fair trial. Law theory, necessary for the understanding of given topic, is also discussed within this section. Next chapter analyses the "outside warranties" of fair trial, meaning the authorities, responsible for taking the actions strictly under the rule of fair trial, namely the court and administration. Reasons are given, why the vast majority of appeals to the court, (mainly the Constitutional court of the Czech Republic) deal with particularities of fair trial being breached, what is their typical fate and why does such occur. The main part gives the "intrinsic warranties", being usually known under the maxims of the fair...
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Abuse of Law in the European and Comparative Context
Fuksová, Lucie ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Abuse of Law in the European and Comparative Context This thesis aims at description and assessment of the principle of abuse of law in the Czech law. Characteristics and consequences of abuse of law are provided and put into context of legal systems and cultures different from the Czech one. Two major aspects of abuse of law are compared: its origin (i.e. emergence, legal basis in relation to character of given legal culture) and actual characteristics and ramifications of application of abuse of law. Where applicable, the consequences of the doctrine are provided separately for private and public law. In the Czech law, this sorting is more fine. This means that more branches of law are being characterized. European law, on the other hand, is not divided into any formal categories. The first part provides general theoretical basics. It deals with the way that legal principles work in the legal system and what is their role among other elements of law such as goals and values, and legal norms on the other hand. It provides description of the way that legal principles work during creation and application of law. The thesis also deals with consequences of application of the principle of abuse. The leading idea of this thesis states that "We must see the abuse of law to know it.". It is thus very...
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Legal Aspects of EU Funding and Financial Mechanisms in the Czech Republic
Válková, Irena ; Boháč, Radim (advisor) ; Marková, Hana (referee) ; Papoušková, Zdenka (referee)
1 Legal Aspects of EU Funding and Financial Mechanisms in the Czech Republic Abstract This dissertation examines legal aspects of EU funding and the financial contributions from the EFTA countries (financial mechanisms) in the Czech Republic. The main goal of the paper is divided into several objectives. First one is to provide an overall overview of taxonomy of legal aspects of financial relationships between recipients of financial law. Secondly, I strive to evaluate these aspects from the perspective of legal principles with the help of methods of interpretation such as linguistic meaning, historical or teological interpretation. Thirdly, the reflection of the real life needs in law is a subject to examination. Finally, I propose solutions of problematic areas. To be able to meet this goal I needed to find something which would make a link among legal entities and units directly or indirectly involved into the process of EU funding and financial contributions from the EFTA countries. Therefore, for the purpose of my dissertation, I define financial information as information about rights, powers and obligations of recipients of financial law established while budgeting and providing funds and information about secondary subject of the legal relationships which are funds. I compared the financial rules...
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Contemporary Tendency towards Extensive Interpretation of Constitutional Principle of Equality and Prohibition of Discrimination
Otrošinová, Dominika ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
This work focuses on the contemporary form of the constitutional principles of equality and non-discrimination. These are human rights which have been formed in the society during last decades, and these changes have usually been dynamic and also crucial. For the purpose of understanding these principles and their position in the society, this work deals with analysis, development and influential factors related to these principles. First of all, this work provides general description of principles, which is a terminological basis, it also analyses constitutional principles and legal interpretation. Then it focuses on the principles of equality and non-discrimination, their relation and possibility of restriction. Besides from explanation of the relevant terms, this work also contains their more detailed analysis. The second chapter describes the process of enshrining these principles and strengthening their role in the society. Furthermore, it focuses on the process of enshrining itself, and provides examples of subjects and processes supporting this extension. The end of this chapter is a thought about the name of this work, and it contains primarily the examples from today, which demonstrate the scope of changes regarding these principles. The work also includes consideration of the question which ideas...
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The New Lex Mercatoria
Vítek, Michal ; Dobiáš, Petr (advisor) ; Pauknerová, Monika (referee)
NLM Abstract The topic of lex mercatoria does not represent any new nor revolutionary concept for the legal science, on the contrary it is a concept present in the european legal thinking since the middle ages. Despite of that it still remains without a clear and comprehensible theoretical framework thus in a stage of some sort of a legal hypothesis. This rigorous thesis describes in its five chapters the topic of lex mercatoria - specifically its up to date form: New Lex Mercatoria - not as a concept but as an applicable law and within the extent of this thesis attempts to come up with both the reasons for such perspective as well as with those which oppose it. For this reason it answers the following basic questions: Does a clear concept of the New Lex Mercatoria exist? Does such law have the historical continuity? Does such law have any clear distinctivness when compared to the legal orders of national states? Which norms create such legal order and who and under which conditions does enforce them?
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Legal principles of environmental protection
Kučerová Tvardíková, Tereza ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
The main purpose of this thesis is to analyze and discuss different aspects of six selected environmental legal principles and to describe their role in three legal systems: international law, EU law and the Czech law. The chosen principles are: complexity and integrity principle, prevention principle, precautionary principle, access to information and public participation principle, and liability principles including polluter pays principle. The thesis is divided into three main chapters. Chapter One is introductory, defines legal principles from several points of legal - theoretical view and sets basic terminology used in the thesis. Chapter Two focuses on environmental law in its entirety and consists of two parts. The first one describes the system of environmental law and the role of legal principles within, part two enumerates environmental principles expresse d, explicitly or implicitly, in legal theory and crucial documents. Chapter Three is a key part of the thesis as it examines fundamental selected environmental principles in six separate sub-chapters. Each principle is firstly defined and its genesis, importance and significance described , then the author examines legal documents (including court decisions) to show how the given principle behaves in International, European and Czech Law.
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Legal principles of the environmental protection
Braunová, Eva ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
The rigorous thesis is devoted to the analysis of the legal principles of the environmental protection that help to fulfill gaps in the legal regulations, represent support for the interpretation and application of the law. The objective of the thesis is to analyze selected legal principles of the environmental protection (additionally extra-legal principles). The rigorous thesis is divided into three main chapters. The first chapter deals with legally- theoretical definition of the legal principle, with the attributes of the legal principles, meaning of the legal principles and its function in the law. The following chapter pays attention to the legal principles of the environmental protection from the general point of view, thus the characteristics, specificity and typology of the legal principle of the environmental protection. The third chapter represents the crucial part of the thesis, where selected legal principles are analyzed, the characteristics, expression in the law and the application of the principles is being examined.
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Legal principles of environmental protection
Kučerová Tvardíková, Tereza ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
The main purpose of this thesis is to analyze and discuss different aspects of six selected environmental legal principles and to describe their role in three legal systems: international law, EU law and the Czech law . The chosen principles are: complexity and integrity principle, prevention principle, precautionary principle, access to information and public participation principle, and liability principles including polluter pays principle. The thesis is divided into three main chapters. Chapter One is introductory, defines legal principles from several points of legal- theoretical view and sets basic terminology used in the thesis. Chapter Two focuses on environmental law in its entirety and consists of two parts. The first one describes the system of environmental law and the role of legal principles within, part two enumerates environmental principles expressed, explicitly or implicitly, in legal theory and crucial documents . Chapter Three is a key part of the thesis as it examines fundamental selected environmental principles in six separate sub-chapters. Each principle is firstly defined and its genesis, importance and significance described , then the author examines legal documents (including court decisions) to show how the given principle behaves in International, European and Czech Law.
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The development of application of the principles of tax process in the CR
Klvaňa, Libor ; Vančurová, Alena (advisor) ; Finardi, Savina (referee)
This diploma work has, as its main objective, the investigation of the influence of the court judicature on the interpretation and application of the tax procedural rules, particularly their principles of the tax process and tax administration in the CR. The object of the investigation was to ascertain if the Act No. 337/1992 of Collection of Law, respecting the administration of taxes and charges, was a satisfactory and suitable procedural norm in the tax process, and if the principles of the tax process and existing judicature provided the tax subject and the tax administrator with an adequate legal certainty in these problems. First, I examined constitutional principles in the CR and the general principles of the administrative law in relation to the tax theory and tax administration. Then I moved on from principles of the tax theory to a detailed analysis of the court judicature in the interpretation and application of the principles of the tax process. I carried out a comparison of the existing, and the new, principles of the tax process and tax administration, which are govern commencing January 1, 2011, when the new Tax Rules came into force. In the diploma work, in the area of the principles of the administrative law, I dealt with the investigative question: To what extent it might be possible to use the existing Administrative Rules, in a subsidiary manner, in the tax process and tax administration, mainly focusing on all the principles stated in it, which are not included in the new Tax Rules.
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