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Principles of the Private Law
Dvorská, Petra ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Thöndel, Alexandr (referee)
This thesis; apart from an introduction of the concept of legal principles, their importance and settlement of their conflicts; deals with an analysis of legal provisions relating to the legal principles and policies in the first, general section, Chapter I of the Civil Code, as these are the primary provisions with relevance to the entire private law. It further evaluates state of the current legislation and its positive and negative aspects. It focuses in detail on the principle of fairness, as it is a principle aiming for an important improvement of legal relations. It also deals with the key interrelated principles of the civil law - the principle of the freedom of choice, and the principle of equality and protection of the weaker party; their importance is also followed in chapters devoted to the selected special legal regulations of the private law (family law, labour law, and commercial law). Chapter 4 of this thesis deals with analysis of importance and role of good morals in the civil law. An independent section focuses on the term of public order in the civil law providing explanation of their common function. It also provides detailed analysis of legal construction of definition of nature of legal rules, seen not just as a theoretical legal problem, but also a practical one, as it is the...
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The principle of solidarity and its impact on the Czech social security system
Bohuněk, Metoděj ; Koldinská, Kristina (advisor) ; Lang, Roman (referee)
66 The principle of solidarity and its impact on the Czech social security system Abstract This thesis studies and describes the application of the social solidarity principle in the social security law, which is an elementary principle in this field. It is a widely discussed topic, as the extent of its application directly impacts the standard of living for most people. It is the care for the needy that determines the cultural character of given society. The thesis consists of the general part and the special part. In the general part, the social solidarity principle is defined, as well as other principles: the contradictory principle of equivalence, the justice principle and the subsidiarity principle. The general part also deals with the philosophical and historical context of solidarity that stems from the Jewish-Christian roots of the European culture. In the modern era, it focuses on the evolution of the conception of solidarity and solidarity principle in the area of the Bohemia, Moravia and Silesia. It shows that the current state of the social security system builds on the rich intellectual past of Czech economists and lawyers. Moreover, there are inspiring people and ideas in this area nowadays. It is a never-ending task to keep looking for the best among them. The special part analyses the...
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