This thesis is primarily based on analysis of practice of the courts and papers, which afford the deeper insight into the relatively short legislation. Certainly could be adopted more particular legislation of the settlement of community property of spouses, decisions on such matters but may not look like as a "juristic machine", which is limited by the particular provisions of law. A key role is played by the legal conclusion of an experienced lawyer who, after analysis of the situation, adjudge in the spirit of the flexible provisions of the law. During the work on this thesis, I therefore had to deal with the different views on the problem and with the obsolete ideas. The work responds to a relatively large number of interpretative differences with the declaration of my own opinion on the problem supported by the relevant arguments. Today we face a very anxious fact that the number of marriages since 1989 is sharply decreasing. This issue is further analyzed in the first chapter where I pointed to some stimuli, which could weaken this trend. It could be very beneficial to realize a sociological research on the factors that cause this adverse trend. In the future it will be interesting to see how these numbers will be affected by the new legislation (i. e. law No. 89/2012 Coll., Civil Code). I...

The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...

Thesis abstrakt Legal institute of settlement The aim of the thesis is to characterize the legal institute of settlement from a general viewpoint, as well as to describe the most common situations where the institute of settlement is applied according to Civil Code. The thesis is composed of five chapters. The chapter One is introductory and characterizes the settlement as a process, in which the existing relations between subjects are liquidated while new ones are formed concurrently. The following chapter is divided into four subchapters relating to the settlement of common property. The first of them explains what the co-ownership means in Civil law. Then the both ways of termination and settlement of common property are described, i.e. the termination of a settlement of common property by an agreement of co-owners and by a decision of court. The last subchapter is devoted to legal regulations of co-ownership in new Civil Code which is expected to be passed. The chapter Three is focused on the settlement of community property. The property relations between spouses are mostly necessarily settled when the marriage has terminated by death or by dissolution of marriage. In two specific cases the community property terminates and must be settled, although the marriage still exists. It occurs in case of...

Univ., Diss.--Saarbrücken, 2004. / Literaturverz. S. 373 - 385.

This thesis deals with issues concerning community property of spouses with a special regard to its settlement. The objective of the thesis is to summarize the development of property regimes between spouses starting from community property up to the current legislation, that has been subjected to a detailed analysis and evaluated in the context of the previous regulation as well as other valid legal institutes, which are of matters similiar to those of community property settlement. The first chapter of the general part of the thesis provides a brief summary of previous regulation of matrimonial property regimes and focusing on three principal questions, namely the extent of community property of spouses, the possibility to adjust the extent of community property of spouses and the settlement of community property. The second chapter covers the principal concepts that are relevant to the settlement of community property of spouses. The key part of thesis begins with a summary of fundamental changes, concerning the community property settlement, that were established by the new Civil Code in 2014. The chapter dealing with the extent of community property of spouses first emphasizes the changes of the extent of community property, and then concentrates on the most important ones, that have influence...

The Title of the Diploma Thesis The issues of the community property in insolvency proceedings, with the emphasis on the property and common discharge of debts. Resume: The aim of this thesis is to map the field of the issues of the community property in insolvency proceedings; both in case of solving the insolvency of the debtors through discharge of the debts and in case of the bankruptcy. These are very hot issues because the current legal regulations are insufficient in their reaction to the problems which appear in common practice. Another reason is the wide variety of these problems which the practice brings and which cannot be answered with the help of the law. I tried to point out some of them and in the second part of the thesis to propose some particular cases and their solutions. Regarding the contents of this thesis it is divided into two parts, namely theoretical and practical. The first part also contains in its introduction the evaluation of the current legal regulations and the amendments being prepared, in particular the amendment No. 64/2017 Coll., which will be effective since 1st July 2017 and brings a lot of essential changes. Further I focused on the terms community property (its formation, termination, object and potential modifications) and the term property (its securing and extent,...

The topic of this thesis is "Property consequences of the divorce of marriage". I have chosen this topic because of the high number of divorces that are filed for. This thesis characterises the two main property consequences of divorce, the settlement of community property of spouses and the settlement of common household of spouses. The purpose of the thesis is to compare the current legislation, contained in the Civil code from 1964 with the proposal of the new Civil code, analyse the advantages and disadvantages of both acts and express my opinion on it. The thesis is composed of eight chapters. Chapter One is introductory and defines the purpose of this thesis. Chapter Two defines the term "divorce", its three types and consequences of divorce. Chapter Three illustrates the conception of property relationships between spouses in the past. Chapter Four defines the term "community property of spouses", its consent, extent and modification. The most important and key chapters are Chapter Five and Chapter Six. Chapter Five is subdivided into seven parts and it deals with the settlement of the community property of spouses. It introduces various solutions how the community property can be divided between spouses after their divorce. Chapter Six focuses on the settlement of common household of...

The aim of this thesis is the interpretation of current legislation of community property in the context of business activities of one or both spouses. After the review of current legislation, the theoretical part of this thesis focuses on the community property - its definition, creation, modification and termination. The theoretical part also focuses on the prenuptial agreement - its definition, requirements, conditions for entering into and its current popularity. The practical part of this thesis then introduces two real model situations illustrating issues concerning prenuptial agreements, where one or both newlyweds are entrepreneurs.

Les droits et actions attachés à la personne se manifestent en des domaines variés. Exceptions à l'action oblique et à certaines règles des procédures collectives, ils constituent également des biens propres dans la communauté légale. Cette hétérogénéité de leur utilisation conduit à s'interroger sur l'existence d'une véritable notion juridique. La comparaison des différentes prérogatives entre elles, rendue possible par l'existence d'enjeux communs, conduit à constater l'existence d'une telle notion. Son identification peut alors être entreprise. Marquée par une subjectivité la rendant difficilement appréhendable, la notion peut pourtant être approchée, précisée et construite.L'étude de l'objet de l'attache à la personne conduit quant à elle à constater l'existence d'une distinction constante entre aptitude à exercer et résultat découlant de cet exercice. Cette distinction, qui se confond avec la distinction du titre et de la finance, permet alors de révéler le domaine réel des droits et actions attachés à la personne. Englobant les droits extrapatrimoniaux qu'ils réunissent au sein du patrimoine, ils apparaissent même à l'origine des droits patrimoniaux non attachés à la personne. Ils conduisent alors à réorganiser l'ensemble des droits subjectifs. / The expression “rights and actions attached to the holder” is used in several fields of the private law. Exceptions to the indirect action and to some rules of the liquidation, they are also exclusives properties in the matrimony. This heterogeneity of use leads us to wonder about the existence of a true juridical notion. Its existence can be found by comparing the different prerogatives and their different relations. It is then possible to identify the notion. Even if the subjectivity of the notion can make it difficult to comprehend, however it can be approached, specified and shaped.As for the study of the object of the attach to the person, it leads us to observe the existence of a constant distinction between the ability to exercise and its result. This distinction, that merges with the distinction of the deed and the finance, can then reveal the real domain of the rights and actions attached to the holder. Gathering within the patrimony the extrapatrimonial rights, they even appear to be at the origin of the rights non-attached to the holder and lead to reorganize all subjective rights.

This diploma thesis concerns the issue of economic autonomy of women in marriage in light of the legal institute of community property. The thesis touches upon the relationship between reproductive and productive labour in today's society and its impact on economic autonomy of women. Using the method of feminist in-depth interview, the author analyses the phenomena of allowance system, which is related to the women's exit from the labour market. The aim of the thesis is to contribute to the economic autonomy of women through uncovering of mechanisms of the emergence, sustaining and rationalisation of the allowance system. The thesis' contribution stems from its analysis of the functioning of allowance system, which is specific for the control men have over family finances. As such, the allowance system deviates from the imperative of solidarity between spouses, which is legally embedded in the institute of community property. The conclusion of the thesis is that the perception of family as a solidary institution which functions on the basis of altruism is an example of ignorance of power hierarchy within families. As a result of this conclusion it is necessary to solve economic autonomy of women on the level of the society as a whole, not on the family level, by making reproductive and productive...