Legal regulations of rental housing in the Korean and Czech civil code ABSTRACT (English) This diploma thesis is focused on the comparison of Korean and Czech civil code regulations within the field of rental housing. The first part of the thesis concentrates on the development and characteristics of the civil code in Korea, with the emphasis on civil rights, society and history in comparison with the Czech Republic. The changes in the civil rights will be referenced to key influences such as social conventions, politics, etc. Furthermore, the thesis will compare changes in the legislation of rental housing in both countries. This part of the dissertation will also mention a general introduction to the housing standards, social relations and its respective regulations that have been derived in the respective countries' law. The third and fourth parts of the thesis bring a summary on how the two compared civil acts regulate the relationship of the landlord/lessor and the tenant. The unique regulation Chonse is introduced as well as the explanation of the reasons for its creation. The last part is devoted to the explanation of different methods of these countries used to protect the tenant. KEYWORDS Rental housing, Chonse, Korean civil code

The intent of this thesis is to explore the role religion has played in the Puerto Rican society. Growing up in this culture entails a deep and implicit connection with the religious world. Religious values, beliefs, and attitudes are firmly entrenched and amplified through the family, culture, and schools. Because it is so deeply entrenched, it is difficult to find a place to leverage a critique of its impact. Thus, in order to understand the societal matters and challenges the island faces, an in-depth study that explores the beliefs, attitudes, and behavior of Puerto Ricans is necessary.

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"Mémoire présenté à la faculté des études supérieures en vue de l'obtention du grade de maîtrise en droit des affaires LLM" / Ce mémoire analyse l'introduction et l'application de la notion d'entreprise dans le Code de commerce français et dans le Code civil du Québec. En adoptant cette notion, les deux législateurs avaient pour objet principal de pallier à la désuétude de principes traditionnels du droit commercial et d'ajuster leurs législations aux nouvelles mutations économiques et sociales. Ainsi, est évoquée présentement, en France comme au Québec, la notion d'entreprise. Cependant, force est de constater que le rôle donné à cette notion de même que le contexte dans lequel elle s'applique ne sont pas les mêmes dans les deux législations. Dans le C.c.Q., la notion d'entreprise a remplacé définitivement la notion de commerce afin d'élargir le champ d'application des règles dérogatoires propres au monde des affaires. Quant au législateur français, bien qu'il ait introduit l'entreprise dans la plupart des règles des affaires, il a opté pour le maintien du droit commercial. Dès lors, l'accent sera mis sur la méthode poursuivie par chacune des deux législations quant à l'adoption et l'application de la notion d'entreprise ainsi que sur les difficultés et les avantages inhérents à chaque démarche. La conclusion tirée de cette étude montre que les deux expériences sont aux antipodes l'une de l'autre en ce qui concerne l'état actuel de droit de chaque législation suite à l'adoption de la notion d'entreprise. En gardant la notion de commerce, le législateur français profite toujours d'une stabilité juridique certaine dérivant notamment d'un bagage doctrinal et jurisprudentiel notable, lié au droit commercial. Toutefois, cette stabilité est faite au détriment d'une structure juridique cohérente et logique. Par contre, le C.c.Q. repose sur des règles juridiques homogènes et rationnelles dignes d'un système juridique évolué. Cependant, il essuie plusieurs difficultés quant à l'interprétation et l'application de la nouvelle notion, étant donné la nouveauté de la réforme. / An analysis of the implementation of the notion of enterprise in the French Commercial Code and the Civil Code of Quebec is undertaken in this study. By adopting the concept of enterprise, both legislators wanted to overcome the obsolescence of the traditional principles of the commercial law and adjust their legislations to the modem economic and social mutations. Thus, this concept is currently referred to in France and in Quebec. However, it would be a flaw to accept the adoption and implementation of the concept of enterprise as the same in France and in Quebec. Indeed, in the Civil Code of Quebec, the enterprise concept replaced completely the concept of commerce to widen the realm of application of the rules applied in the business world. On the other hand, despite the adoption of this concept on most of the business regulations, the French legislator chose to preserve the commercial law. The emphasis in this thesis is to contrast the two paths taken by France and Quebec to adopt and implement the concept of enterprise and to highlight the advantages and disadvantages of each path. This study concludes that the two experiences are in contradiction with regard to the current state of law in France and in Quebec after adopting the notion of enterprise. By safeguarding the notion of commerce, the French legislator still profiting from stable juridical system derived essentially from the commercial law's doctrine and jurisprudence. However, this stability was maintained at the cost of a logical and coherent legal structure. On the other hand, the Civil Code of Quebec is based on rational and homogeneous rules that correspond to a modern legal system. Nevertheless, given the novelty of the legal reforms, many challenges arise when it cornes to the application and interpretation of the new concept of enterprise.

BANK GUARANTY Keywords * security instrument * New Civil Code * international legislation * Swiss legislation * Abstract This thesis sets a goal to give the survey about institute bank guaranty as a security instrument. Expect the introduction and conclusion this thesis is divided into four larger units. Its first part is dedicated to the institute bank guaranty in internal legislation. Here is given view of legislation, which was effective in the Czech Republic before the recodification of Private Law that means legislation of Commercial Code, as well as actually legislation, means legislation of New Civil Code. Comparison between both legislations offers specification of changes that happened in legislation of this institute within the recodification and also their evaluation. Within this comparison is described principle of the institute bank guaranty itself and legal relationships, which within this institute exist, to whose nearer understanding are here available diagrams, which these relationships represent. Second part of thesis gives a view of bank guaranty in international business relationship and legislation, which has established within the activity of International Chamber of Commerce in Paris and Committee of UNO for International Commercial Law and this issues regulate. Thesis concentrates...

Consumer Contracts Focusing on Sales Contract - Comparison of Old and New Legislation Consumer contracts as contracts concluded with consumer who is the weaker party make integral part of our everyday life. Although we usually consider consumer protection an area of contractual law, it is a category with an overlap into commercial, european, criminal and administrative law. Consumer law which is strongly affected by EU legislation stands on the border between private and public law. Practical aspects of consumer law, however, do not in any way exclude its main purpose - seeking justice, i.e. balancing equality on one side and freedom on the other side. This branch of law is even more topical nowadays as we are exposed to advertising anywhere. Moreover we are experiencing financial crisis at the moment when most of people are suffering from lack of money which sharply contrasts with insufficient financial knowledge of Czech population. Legislation changes slowly and does not correspond to the development of society. Reality is then quite different to the way we know it from textbooks. The New Civil Code that brings many changes not only in consumer law was adopted in 2012. It provoked numberless discussions both between lawyers and public. The importance of the code was overshadowed by media...

The aim of this thesis is to describe Czech approach towards pecuniary compensation in connection with immaterial damage arising from providing medical care. Protection of patient's personality rights and eventually that of his relatives is stressed out. Over the last few decades, the issue of compensation for immaterial harm has become more significant, whereas the same could be said about the role of patient in the system of providing medical care. Regarding the fact that there is currently a period of recodification of Czech private law, it is opportunity to have hindsight of where theory, respectively judicial practice, has reached regarding immaterial damage compensations. Therewithal, it is necessary to try to describe and analyze new laws and compare them with the current laws and evaluate their positive and possible negative approaches. This thesis is divided into five chapters. The first one is an introduction and it is divided into three parts. The first one deals with the issue of medical-legal disputes, the second one focuses on the issue of sources of law and the third one on questions arising from protection of personality rights. The second chapter straightly deals with the issue of immaterial satisfaction according to the Civil Code of 1964 and discusses its purpose and questions...

The Plurality of Persons Regarding Ownership - General Issues Resumé The aim of this diploma thesis is to analyze some of the issues concerning the plurality of persons regarding ownership which have been brought by the Act of the Czech Republic No. 89/2012 Sb. Civil Code ('the Civil Code 2012'), which has come into effect on 1 January 2014. The thesis is divided into five chapters. The first chapter is devoted to the sources which were the main inspiration for the authors of the Civil Code 2012. The main sources were the Civil Code of Austria (Allgemeines Bürgerliches Gesetzbuch) and the bill of Civil Code proposed by the Czechoslovak government in 1937. The chapter emphasizes the fact that it is necessary to take these sources into consideration when analyzing legal regulation contained in the Civil Code 2012. The truth of this statement is proved throughout the whole text of the thesis since many references concerning these sources are made. The following chapter describes two legal forms of co-ownership that exist in the Czech legal system: common ownership and co-ownership in which shares of co-owners do not exist (e.g. community property). The chapter shows similarities and differences between these forms. The third and the fourth chapter are the core of this diploma thesis. The third chapter answers...

The purpose of this Master's degree (diploma) thesis is to do final review and classification of regulation of transfers of ownership of flats established by act No. 72/1994 Coll. (about ownership of flats) before it will be replaced by act No. 89/2012 Coll. (the new civil code), because now is the last chance to study it as valid and effective. Withal this thesis tries to analyse differences between them, describe changes and new conditions, and find out if the new legislation deals with all issues of this subject matter and possibly come up with a solution of blind spots. The method to achieve this is creating different systematics of describing and categorizing the old statue, and effort to recognize the same complexes in the new statue. Therefore the thesis is composed of four main chapters, each of them dealing with different aspects of transfers of flats. Chapter One is introducing topic of the thesis and topic's history and defines basic terminology used in the thesis, e.g.: flat, building, (residential) unit or common parts of residential building etc. The chapter two, as one of the two most important chapters, concentrates on principles and mechanism of default case of transfer of flat including compulsory elements of its contracts, leaving aside all possible exceptions. This is followed by the...

no save date (document not saved) Abstract The aim of this thesis was to compare the current legislation regarding a contract on a future contract with the future legislation. As of 1 January 2014 the Act No. 89/2012 Coll., the civil code, will become effective. The new civil code will bring many changes to the Czech legal system. Legal provisions regarding a contract on a future contract will also be amended by the new code. This thesis is divided into seven chapters. Each of these chapters is divided into subchapters. In each chapter I analyze the legal provision regarding the topic of the chapter in general and then I follow up with an analysis of a contract on a future contract. In the first chapter I compare legal provisions on form of a contract on a future contract under the current legislation with the provisions of the new civil code. The new civil code is based on a principle of informality of legal acts. Therefore it will be possible to enter into a contract on a future contract in any form. In the second chapter I analyze subjects of a contract on a future contract. Changes regarding the parties of the contract under the new civil law will not be significant. The third chapter is focused on a mandatory content of a contract on a future contract. The current civil and commercial law differs at...