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The child at risk in Private and Public Law
Hanuš, Daniel ; Hendrychová, Michaela (referee)
The child at risk in Private and Public Law Abstract This dissertation thesis deals with the issue of the child at risk in private and public law. The aim is to define the historical, theoretical, content, and practical level of the term "child at risk" and related concepts in a variety of disciplinary insights, as they are embedded in private and public law in the Czech Republic in interrelated contexts and meanings. In addition, this thesis also presents particular findings in the light of the discussed disciplines. Furthermore, the content is focused on the definition of related professional interdisciplinary contexts and their legal embedding in substantive and procedural law. The methodological context of the professional legal approach to the examination of the chosen issue is not left out either. The theory of the child at risk, including basic categories, is also presented including the context of selected specific legal branches and their framework of legal protection provided to the minor persons. This thesis also reflects particular life situations in which the child may experience a risk, and identifies how these situations are reflected in the content of the Czech legal system (private and public law), international law and jurisprudence. The analysis, presentation and possible evaluation of de...
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The child at risk in Private and Public Law
Hanuš, Daniel ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Psutka, Jindřich (referee)
The child at risk in Private and Public Law Abstract This dissertation thesis deals with the issue of the child at risk in private and public law. The aim is to define the historical, theoretical, content, and practical level of the term "child at risk" and related concepts in a variety of disciplinary insights, as they are embedded in private and public law in the Czech Republic in interrelated contexts and meanings. In addition, this thesis also presents particular findings in the light of the discussed disciplines. Furthermore, the content is focused on the definition of related professional interdisciplinary contexts and their legal embedding in substantive and procedural law. The methodological context of the professional legal approach to the examination of the chosen issue is not left out either. The theory of the child at risk, including basic categories, is also presented including the context of selected specific legal branches and their framework of legal protection provided to the minor persons. This thesis also reflects particular life situations in which the child may experience a risk, and identifies how these situations are reflected in the content of the Czech legal system (private and public law), international law and jurisprudence. The analysis, presentation and possible evaluation of de...
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Relationship Between Private and Public Law: Past and Present
Šafránková, Anna ; Tryzna, Jan (referee)
Relationship Between Private and Public Law: Past and Present Abstract This dissertation addresses the dualism of private and public law from Roman times to the present. It focuses on developments in the content of these concepts in a historical context. The dissertation examines primary sources from Roman law and highlights the significant difference between the distinction between private and public law in Roman law and later misinterpretations of the same. Particular attention is paid to the approach legal science takes to private and public law through the various phases of reception of Roman law, noting the political circumstances that led to the use of the dual concepts of ius publicum and ius privatum from Roman law as well as the change in content of those concepts. The dissertation compares the main differences between modern society and the earlier social system, especially with reference to the socio-legal structure of relationships. It describes the modern ideological sources of values on which modern society is based and traces the ways these values are reflected in modern legal systems. Constitutionalism, emphasis on the legal code as the written source of law, the concept of natural rights, and the concept of the legal state (Rechtsstaat) all made their mark on private and public law in...
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The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law
Venclová, Petra ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Skulová, Soňa (referee)
Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...
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Public regulation of business practices
Ptáčková, Marta ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
The aim of this thesis is to examine the highly topical subject of regulation surrounding commercial practices. This examination is divided into four chapters. The first chapter looks at the notion of commercial practices by considering both the linguistic and legal definition of the term, and the importance of the regulation is proved. The second chapter deals with the question of division of law into its public and private counterparts. The discussion of the consequences of this division are crucial for a better analysis of the actual implementation of the EU Directive 2005/29/CE on unfair commercial practices. In the third chapter, the scope of application of this Directive is analysed and the main principles of regulation are described. The final section focuses on the Czech law on unfair commercial practices. In this segment, the text of the provisions of the Czech Code of Consumer Protection is compared to the Directive, and the system of legal redress and sanctions in the Code of Consumer Protection is critically analysed. The legal regulation of "promotional events", during which the ban of unfair commercial practices is often breached, is placed under scrutiny. The Directive was also implemented into the Code of Regulation of Advertisement. One subchapter of the fourth chapter is therefore...
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Public Law Aspects for Undertakings in both Electricity and Gas Industries
Košťál, Vratislav ; Handrlica, Jakub (advisor) ; Frumarová, Kateřina (referee) ; Rychlý, Tomáš (referee)
Public Law Aspects for Undertakings in both Electricity and Gas Industries The doctoral thesis named "Public Law Aspects for Undertakings in both Electricity and Gas Industries" is focused on bringing a complete view how the public interest is represented in relation to the conduct of enterprise in infrastructural businesses as the sectors of electricity and gas industries concern that are in many ways similar to each other and are also managed by the comparable European law regulation. The public interest, either comes from the European or Czech legal regulations interferes in many different variations and modifications into the energy business. From time to time, legislator emphasizes the partial individual interest (e. g. being part of the constitutional order as in the case of the protection of ownership) in the wording of the Energy Act as well as in the other public law as goods protected by the public law. On the other way, also much more typical general interest is defended to achieve wellbeing of the whole society that is to be preferred to those interests of individuals. The thesis in question primarily analyses the wording of the Czech Energy Act in not amended version, which has not been modified yet in accordance with the binding European law framework consisted of the so called Winter Energy...
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Relationship Between Private and Public Law: Past and Present
Šafránková, Anna ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
Relationship Between Private and Public Law: Past and Present Abstract This dissertation addresses the dualism of private and public law from Roman times to the present. It focuses on developments in the content of these concepts in a historical context. The dissertation examines primary sources from Roman law and highlights the significant difference between the distinction between private and public law in Roman law and later misinterpretations of the same. Particular attention is paid to the approach legal science takes to private and public law through the various phases of reception of Roman law, noting the political circumstances that led to the use of the dual concepts of ius publicum and ius privatum from Roman law as well as the change in content of those concepts. The dissertation compares the main differences between modern society and the earlier social system, especially with reference to the socio-legal structure of relationships. It describes the modern ideological sources of values on which modern society is based and traces the ways these values are reflected in modern legal systems. Constitutionalism, emphasis on the legal code as the written source of law, the concept of natural rights, and the concept of the legal state (Rechtsstaat) all made their mark on private and public law in...
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Public regulation of business practices
Ptáčková, Marta ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
The aim of this thesis is to examine the highly topical subject of regulation surrounding commercial practices. This examination is divided into four chapters. The first chapter looks at the notion of commercial practices by considering both the linguistic and legal definition of the term, and the importance of the regulation is proved. The second chapter deals with the question of division of law into its public and private counterparts. The discussion of the consequences of this division are crucial for a better analysis of the actual implementation of the EU Directive 2005/29/CE on unfair commercial practices. In the third chapter, the scope of application of this Directive is analysed and the main principles of regulation are described. The final section focuses on the Czech law on unfair commercial practices. In this segment, the text of the provisions of the Czech Code of Consumer Protection is compared to the Directive, and the system of legal redress and sanctions in the Code of Consumer Protection is critically analysed. The legal regulation of "promotional events", during which the ban of unfair commercial practices is often breached, is placed under scrutiny. The Directive was also implemented into the Code of Regulation of Advertisement. One subchapter of the fourth chapter is therefore...
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The Possibilities of Using Analogy in Public Law
Zima, Marek ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The Possibilities of Using Analogy in Public Law Argument by analogy plays an important role in the law. It enables to complete legal system so that it presents system that is uniform and as to its values internally coherent. One of the basic knowledge of law faculty student is that statutory interpretation and application of law by analogy counts among logical methods of interpretation. However, this finding is being ever more frequently questioned in the recent literature. Rather than logical structure of an argument by analogy it is its logical nature that is being emphasized. The main aim of this thesis is to describe the structure of analogy as a general method of reasoning. So defined, analogy will be subsequently applied to the options of using analogy in public law as it is not possible to use analogy to the same extent in all fields of law. Generally speaking, the use of analogy in public law is more restricted than it is in private law and in particular fields of public law the restriction of the use of analogy are even stricter. Throughout the thesis I also attempt to support my theoretical conclusions with the relevant case law. The text is divided into four main chapters. In the introductory chapter I define analogy as a general method and further address its use in law into three...
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The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law
Venclová, Petra ; Mikule, Leoš (advisor) ; Sládeček, Vladimír (referee) ; Skulová, Soňa (referee)
Charles University in Prague Faculty of law Abstract of the dissertation The title of the dissertation: The Role of the Courts of Administrative Justice at the Process of the Unification of the Legal Norm Interpretation of Public Law Supervisor: Doc. JUDr. Vladimír Mikule Author: JUDr. Petra Venclová Prague, March 2012 This dissertation deals with the role of the courts of administrative justice at the process of the unification of the legal norm interpretation in the field of public law. Ambition of this dissertation first lies in the function and meaning of administrative justice in relation of the legal norm interpretation on the level of interpretation practice of administrative body, second in capturing the process of unification of judicial activities of administrative courts in formal position as instrumental presumption for full development of material conception which has axiological content and might offer the answer to the question of legal- philosophical direction of administrative judiciary. This work is divided into three chapters on the basic level. The first chapter explains dualism in law within the meaning of dichotomy between private and public law. The administrative law as a part of public law is defined in the relationship to the private law through the different methods and aims of...
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