Dissertation work deals problems Law Of Building in relations to new Civil Code No. 89/2012 Sb. (NOZ - new Civil Code) Legal regulations are for all new and rather are in common level. Supplying present, more than 40 years old Civil Code new recipe, presents revolutionary changes in civil right. NCC starting from the another ideological, political and terminological bases. With new Civil Code loom incomming new questions: What will real property and what will no. What kind of law is possible newly to real property to establish. How will new property owners limited. Important is appreciate, that by the new Civil Code was cancelled current Civil Code, so and current Business Code too. New legal regulations cancelles more than 238 law regulations. All the law, which affected law relations to real property are cancelled. Contribution is solving the problems and summaries the cases, where would had Building Law to do. Result of the dissertation work is:

Les « dispositions successorales spéciales » de la lex situs apportent une exception particulière au système unitaire de la loi applicable à la succession. Leur reconnaissance dans le récent Règlement du Parlement européen et du Conseil relatif à la compétence, la loi applicable, la reconnaissance et l'exécution des décisions, et l'acceptation et l'exécution des actes authentiques en matière de successions et à la création d'un certificat successoral européen du 4 juillet 2012 témoigne de l’importance et de l’actualité de cette prévision normative. L’exception trouve sa source dans l’article 15 de la Convention du 1er août 1989 sur la loi applicable aux successions à cause de mort, formule qui fut suivi par l’article 3099 al. 2 du Code civil du Québec. La conception originaire de la règle se situe à l’article 28 de la Loi d’introduction au Code civil allemand de 1896. Ces législations reconnaissent la nécessité de respecter certaines dérogations aux règles successorales ordinaires dont le contenu matériel justifie une rupture exceptionnelle de l’unité de la succession internationale. Ainsi, l’opposition traditionnelle entre le système scissionniste qui divise la loi applicable à la succession en fonction de la nature mobilière ou immobilière des biens et celui qui postule l’unité législative trouve dans le respect des « dispositions spéciales » de la lex rei sitae régissant certains biens de la succession un facteur conciliateur. Il s’agit de respecter un minimum normatif de la loi de l’État où sont situés certains biens de la succession malgré la compétence générale d’une lex successionis étrangère. Ce bloc normatif irréductible se présente comme un pont qui relie les deux solutions extrêmes dans une position intermédiaire où il n’y a plus de scission au sens classique du terme mais où l’unité est néanmoins brisée en raison de certaines considérations substantielles tirées de la destination des biens. / The « special inheritance rules » of the lex situs introduce a particular exception to the unitary system of the law applicable to succession. Its recognition by the recent Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession demonstrates the importance and the current relevance of this legal provision. We find the immediate precedent of the rule in Article 15 of the Convention of 1 August 1989 on the Law Applicable to Succession to the Estates of Deceased Persons, which also inspired Article 3099 par. 2 of the Civil Code of Quebec. The original conception of the rule comes from Article 28 of the Introductory Act of the German Civil Code of 1896. These legislations acknowledged the necessity of giving effect to some special provisions on succession whose material content legitimates an exceptional breach of the unity in international successions. Therefore, the traditional conflict between the scission and the unitary system of the law applicable to succession finds a conciliatory factor in the observation of the “special provisions” of the lex rei sitae over some particular assets of the estate notwithstanding the conflict rule. The intention is to preserve a minimal content of the State’s law where certain assets are located against the threat that a foreign lex successionis brings about. This uncompromising set of rules presents itself as a bridge to close the gap between these two extreme solutions. It does not contemplate the classic meaning of scission based on the movable or immovable nature of the property (territorial scission), but it breaks nonetheless the principle of unity, in favor of certain substantial considerations derived from the economic, family or social function of some specific assets, by means of a special connection to the lex situs.

The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the new civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them and provides a look to German and Austrian civil codes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, selected basic principles and systematic of the New civil code and inheritance law. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, Irregular forms, Regular forms, How to change or cancel it, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that combines parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic protection to the sides, Cancellation and changing contract. Chapter four focuses on Legacy interesting in the...

The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...

The presented thesis seeks to provide a comprehensive commentary on the status of companies and trusts in the area of private international law with special emphasis on the modern development of Czech law. Aforementioned instruments were chosen especially with respect to their frequented use for asset management purposes. The essential part deals with status of companies in the European Union along with the main discrepancy between member states in determining the connecting factors. Aside from defining a nature of company and the fundamental theories setting its personal status, the author puts forward a historical excursus into the jurisprudence of Court of Justice of the European Union in shaping the freedom of establishment for legal persons. The section concludes with the topic on mergers and conversions as vehicles enabling the cross-border transfer of company seats. The structure of the subsequent part reflects a high dependency of shape of trusts and trusteeships on national legislation. The chapter opens with introducing the term equity and goes on to basic attributes of British trust. These introductory parts are followed by the analysis of this instrument with respect to international treaties. The conclusion scrutinizes trusteeship as embedded in new Czech civil code, together with...

Title: Reflections of the New Civil Code in the life of sports clubs at the local level. Objectives: The goal of this diploma thesis is to specify the changes in the life of sports clubs at the local level after the New Civil Code, which came into effect on 1. 1. 2014. The main object is to discover the changes in the structure of the non-profit sport organizations, tax management of the sports clubs and also to offer concrete advices, which would help to cope with the transformation to the New Civil Code. Methods: In this thesis the qualitative method is used. Semi-structured interviews are helping to get the complex overview of the problems and concrete issues. In case of availability, the legislative documents of interviewed non-profit sport organizations are analyzed to specify and verify their answers. Research is supplemented by basic analyzes of public register, which will help to describe current situation of reactions on the New Civil Code. Results: Thanks to the research it was discovered that non-profit sport organizations, which have the help of private sector, support of umbrella organization or advantage of having professional member with experiences in accounting, taxes or law, will more likely manage with all the changes caused by the new legislative. Rest of the non-profit sport...

Title: Establishing of a sports club as a non-for-profit organisation Objectives: The main goal of this thesis is to set general managerial standards, usable as an aid while establishing a sports club as a non-for-profit organisation, and to show their practical use in the process of establishing. Five already existing sports clubs (established as non-for profit organisations) will be analysed. In the first step an analysis of documents (especially law) and analysis of the clubs will be made, followed by a situation analysis. Based on the results of the analysis, we will create a set of norms and practices, helpful for managers establishing a non-for-profit sports club. Methods: In the theoretical part, all areas necessary for establishing a sports club as a non-for-profit organisation were studied - including law, economic activities, management and marketing. Five sports clubs were chosen, intentionally at random. Document analysis has been made, using the club's articles as a source, following the situation analysis for which I have used information gathered by half-structured interviews with the clubs' representatives. Results: Based on the document analysis and situation analysis of the sports clubs, general managerial standards have been set, helpful in the process of establishing a sports...

During the legislative works on a new Civil Code for the Czech Republic, it has been proposed that the concept of trust be introduced into Czech law, largely by transplanting the concept of fiducie contained in the Civil Code of Québec. The thesis, after introducing the principal concepts of trust as known around the world today, whether in common law jurisdictions, civil law jurisdictions or mixed jurisdictions, describes the principal commercial uses of trust in trust jurisdictions and analyses the possibilities of current Czech law to replicate the trust function not using the trust. The thesis argues that the classical civilist objections to the possibility to implant true trust into civil law jurisdictions are largely unfounded in respect of the Czech legal system. The thesis further performs a comparative assessment of the Czech Civil Code proposal. It is argued that the legal construct at hand in the proposal is actually not trust, but a mere trust-like arrangement, as it lacks one of the trust's most salient features -- transfer of the trust property by the settlor to the trustee. Apart from that, the thesis analyses specific provisions of the proposal and subjects them critique. Based on this analysis, it introduces a number of proposals for the enhancement of the proposed provisions.

Thesis title: The responsibility of an employee for damage The subject of the thesis is the responsibility of an employee for damage. The thesis offers in the first place a comprehensive summary of the current legislation of the topic. The main purpose of the thesis is to summarize the legislation of the labor- law and of the employee`s responsibility for any damage done to the employer where for this purpose there are analyzed particular sorts of the responsibility distinguished by the Labor Code. In details there are described first of all specific conditions that must be fulfilled to claim the responsibility on the employee for the damage, the possibility of the employee to disclaim it is not neglected either. The thesis focuses on the main differences that distinguish the particular sorts of the responsibility from each other. An attention is given to the links between labor law and other legal codes, especially the civil one where the connection is the closest whereas the understanding of this mutual relation is very essential to understand the stated topic. The thesis is not formulated as only theoretical however there is a practical view of the topic included which is mingled mostly by decision-making practice of courts which generates some answers to unclear explanation of the legislations,...

The dissertation titled "Protection of property rights in the decision-making practice of courts in the Czech Republic" gives a holistic view of the decisions of courts of general judicial system and the Constitutional Court of the Czech Republic in matters relating to the conditions, manner, and limits of the property rights protection. The topic is understood as an interpretation of various institutes in which the courts' decisions claims the most, and as a summary of judgments reflecting every single institute. The dissertation captures the judicial decision-making practice, taking into account the state of the legislation in force until 31 December 2013. The empirical part of the dissertation which corresponds to the selected assignment is preceded by a necessary interpretation of theoretical, doctrinal and historical bases of the topic. The dissertation also reminds the in time-varying insight into the nature, meaning and object of property rights and on the level and ways of protection in the Roman law jurisprudence and civil codes that directly affected the courts application practice in the territory of the present-day Czech Republic. An interpretation of privatization and restitution process that took place in our society after 1989 is an important link between the theoretical and the...