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Principles of the Land Register Keeping
Nunvářová, Marie ; Pertl, Marek (referee) ; Tesařová, Zdeňka (advisor)
This master’s thesis deals with the basic principles of the Land Register. It compares establishment of principles in the previous legal regulation in effect until the end of year 2013 with the new legislation effective from the 1st of January 2014, when the new Civil Code No. 89/2012 Coll. and the new Cadastral Law No. 256/2013 Coll. entered into force. The new Civil Code brings large changes in the recodification of private law. Some important changes are related to the topic of this thesis, it changes the definition of immovable property, expands the range of rights registered in the cadastre and significantly affects the principles of the Land Register. The thesis explains the principles and searches for the most significant changes brought by the new legislation. Furthermore the thesis also discusses the status of the property owner. So it focuses mainly on the principle of material publicity related to the protection of good faith. The conclusion summarizes the most important changes in legislation that significantly affected the principles of the Land Register and assurance of the correct acquisition of property rights.
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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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The importance of basic principles of criminal procedure
Frňková, Tereza ; Mulák, Jiří (advisor) ; Beranová, Andrea (referee)
The importance of basic principles of criminal procedure Abstract This diploma thesis is devoted to the basic principles of criminal procedure and their importance in connection with the planned recodification of the criminal code. The aim is to explain the importance of basic principles for criminal proceedings and at the same time to point out the advantages and disadvantages of their valid legal regulation. Next, the proposed recodification wording of the principles is presented and compared with the current one, while an assessment is made as to whether the meaning of the basic principles changes in any way in the proposed wording. For this, it is necessary to use mainly the methods of description, analysis, comparison and synthesis. The work is divided into three chapters and sub-chapters. Chapter one outlines what the purpose of criminal proceedings is and how it relates to the basic principles. The second chapter is devoted to basic principles in general. It discusses the concept itself and further the purpose, meaning and function of principles. The sub-chapters of the third chapter report on the individual basic principles and their specific meaning in the current and proposed wording. The conclusion of the thesis is that the principles as a whole create the framework of criminal proceedings. They...
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Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform
Novotná, Kateřina ; Frintová, Dita (advisor) ; Zahradníková, Radka (referee)
a klíčová slova v anglickém jazyce Název práce: Comparison of Czech and German legal regulation of appellate review with reference to Czech Republic's impending civil procedural law reform Abstract This diploma thesis describes and compares the regulation of civil appellate review under Czech law with the legislation in the Federal Republic of Germany. The first part addresses the chosen topic on a broad level. The introductory section provides an overview of appellate review in both legal systems, a summary of recent recodification efforts, as well as a brief description of the historical development and appellate systems. The next section continues with admissibility. It contains the current Czech and German appellate review's admission regulation. The entire paper is structured so that the Czech law is always described first, followed by the German one, simultaneously comparing both versions and summarizing the results and key differences. The admissibility is divided into objective and subjective, followed by the explanation of additional requirements that both Czech and German appellate reviews must meet. It is also worth noting the assessments of admissibility. In Germany, only courts of appeal can determine whether an appellate review is admissible. In the next section, subjective...
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Securities and booked securities - changes in legislation
Manderla, Matěj ; Čech, Petr (advisor) ; Pelikán, Robert (referee)
Securities and booked securities - changes in legislation The purpose of my thesis is to analyse enactment of securities in the New Civil Code. Current legislation in Act on Securities is not considered as satisfactory in many ways. Recodification of civil law brings a great opportunity to clarify current interpretational issues and approximate Czech law of securities to developed countries of Western Europe. In this thesis I shall asses if the new piece of legislation will be successful in achieving such goal. The thesis is composed of nine chapters, each of them dealing with different aspects of securities law. Chapter One is introductory and defines concept of a security and its historical development. Chapter Two deals with issues related to definition of a security in Czech law. It focuses on the absence of legal definition of a security in current Czech law and analyses definitions of jurisprudence. Chapter Two analyses the legal definition of a security in New Civil Code and addresses the issue of definition of a security in relation to booked securities. Chapter Three is concerned with a security as a subject of legal relations. The main issue addressed in Chapter Three is security as a tangible thing. Chapter Four concentrates on separation of securities represented by a certificate and...
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Legislation of Family and Relationships between Parents and Children (with Insights into Past and Future)
Valentová, Hana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented thesis provides a comprehensive view of the current legislation on family and parents-children relationships, including insights into past and future. Being a still hot topic is the reason why I chose it for my thesis. Two introductory chapters discuss historical context of family and development of legal relationships between parents and children to date. The family has evolved over time, developed and changed and so has the status of its individual members, which was all reflected in legislation (paternal power, parental power, parental rights and duties, parental responsibilities). The current concept of family is described in Chapter 3, followed by Chapter 4 which gives general characteristics of family law and legal relations within the family, including the definitions of basic concepts used in the rest of the work. Key Chapter 5 discusses the concept of parental responsibilities brought into our law by the so-called "big amendment" to the Family Code (Act No. 91/1998 Coll.). In exercising these rights and duties, parents are obliged to protect the best interests of the minor child, to control his or her actions and to exercise supervision over him or her. The parent-child relationship is equal and both its parties are holders of complementary rights and duties. In all actions, child's...
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Military criminal law (1918-1938)
Hledík, Michal ; Soukup, Ladislav (advisor) ; Šouša, Jiří (referee)
130 ABSTRACT This Master's degree thesis deals with the problematics of the military criminal law in the Czechoslovak Republic between 1918 and 1938. I have chosen this theme for several reasons. First of these reasons is, that this subject mingles two legal disciplines - legal history and criminal law. Concurrently it is a topic, that has not yet been widely written up. The reason is that in both law disciplines combined in the theme of interwar criminal law, it is a marginal area of interest. Existing works in most cases focus only on a constituent parts of the problematics. In the second group of works the topic was chosen too widely and the character of resulting outputs was enumeratives, withnout providing context. The purpose of this tesis is to provide a global view on the matter of our military criminal law in the begining of 20th century and within this view then further focus on its dominant elements. The work is based mainly on the legislation effective in the given period, and the commented wordings. Another valuable source for the elaboration of the thesis were historical publications, although recent papers were not excluded. On several occasions the work marginally mentiones the comparison with the interwar general criminal law. In the topics of the military criminal law, whose legislation or...
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The duty of due managerial care and diligence of the member of en elective body of a limited company and the consequences of its breach
Šubertová, Karolina ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The purpose of this thesis is to compare the standard of due care in contemporary legislation as well as in the new upcoming legislation which should become effective as of 1 January 2014. Furthermore, the thesis is focused on consequences of breach of the standard of due care by persons in position of members of elected bodies of capital business companies and / or business corporations. The thesis is composed of six chapters. Chapter One is introductory and deals with history of the standard of due care in the Czech legislation from the period of the General Civil Code to the recodification of civil law and commercial law represented by two crucial statutes - the new Civil Code and the Business Corporations Act. Chapter Two deals with contemporary valid and effective legislation concerned with the standard of due care and its main components. In Chapter Three I tried to emphasize the changes which we will experience in the new legislation. Especially, I mean the newly introduced business judgment rule which was inspired and implemented to the Czech legislation on the basis of modern foreign legislations - US and Germany. Chapter Four presents selection of case law of the Supreme Court of the Czech Republic which repeatedly commented on the standard of due care in practice and its related aspects...
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Employee's liability for damage caused to the employer
Volková, Petra ; Štangová, Věra (referee) ; Brádlerová, Libuše (referee)
Employee's liability for damage caused to the employer Abstract My rigorosum thesis deals with the issue of "Employee's liability for damage caused to the employer". My main motivation to choose this topic is to the fact because it is connected with every individual of working age, exactlier said - with every employee. Legal regulation of employee's liability for damage caused to the employer undoubtedly belongs to the most important areas of labour law. The above mentioned issue is highly topical. The high topicality is presented by a high number of judicial decisions of courts of all instances. It is clear that not only in the judicial decisions of general courts but also in the judicial decisions of the Supreme Court of the Czech Republic dealing with the employee's liability for damage caused to the employer is increasing. In my rigorosum thesis I focus first and foremost on the analysis of legal regulation of employee's liability for damage caused to the employer as well as on the closest legal matter connected with the main issue of this rigorosum thesis. I also deal with the matter of application of the legal regulation in legal practice mostly based on judicial decisions of the general courts of all instances as well as judicial decisions of the Supreme Court of the Czech Republic. I analyse the...
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Good Faith in private obligations
Baier, Jaroslav ; Hendrychová, Michaela (advisor) ; Elischer, David (referee)
in English, key words Title: Good Faith in private obligations Abstract: In this thesis, the importance of the "good faith" in Czech private law and its role after recodification of Czech private law is being studied. The thesis is divided into three key parts. In the first two parts part, we deal with good faith as an open texture, consider the question whether it is a legal principle or not and in the third part, we study the relationship of good faith to selected institutes of Czech private law. The Civil Code significantly reinforces the role of open textures in order to allow for flexibility in an application of a legal norm, and good faith plays an important role in this context. Furthermore, we deal with two aspects of good faith, in the objective and subjective sense. Whilst many academicians see good faith in an objective sense as a standard of conduct in the framework of which everyone must exercise their rights and duties, good faith in its subjective sense is understood by some of the academicians as a state of mind that is endowed with legal protection. In this thesis, we present our view in the sense that we consider good faith as a combination of the two approaches outlined above. We draw this conclusion on the argument that in order to assess whether a person is in good faith or...
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