This article proposes that the legal relationship between humans and nonhuman animals in Canada must be redefined. It will be shown that the current Canadian legal system is based on the assumption of human superiority, which has resulted in the interests of nonhuman animals being given little to no legal consideration since at law they are merely property. This conceptualization of our relationship with nonhuman animals, and the resulting harm that it causes to them is in direct conflict with developments over the last century in science, ethics, and the laws, policies and jurisprudence of various countries. These developments support the argument that nonhuman animals are entitled to have their interests considered in law. This article proposes that the relationship in Canada be redefined to eliminate the property status of nonhuman animals, and that the new relationship should take the form of nonhuman animals being granted the status of legal persons.

This article proposes that the legal relationship between humans and nonhuman animals in Canada must be redefined. It will be shown that the current Canadian legal system is based on the assumption of human superiority, which has resulted in the interests of nonhuman animals being given little to no legal consideration since at law they are merely property. This conceptualization of our relationship with nonhuman animals, and the resulting harm that it causes to them is in direct conflict with developments over the last century in science, ethics, and the laws, policies and jurisprudence of various countries. These developments support the argument that nonhuman animals are entitled to have their interests considered in law. This article proposes that the relationship in Canada be redefined to eliminate the property status of nonhuman animals, and that the new relationship should take the form of nonhuman animals being granted the status of legal persons.

59 ENGLISH ABSTRACT The purpose of this thesis is an interpretation of English trust law, including historical context and comparative application of the acquired knowledge on the Czech legal institute of "svěřenský fond". A critical assessment of the legal regulations governing "svěřenský fond" is followed by theoretical consideration of its legal nature. The work, except the introduction and conclusion, is divided into four main chapters, with the first chapter dealing with the historical roots of the trust. The reader will become familiar with the Roman fideicomissum, the English legal institute called "use" and its influence on the emergence of the law of equity. She will also learn how use turned into trust and what the economic reasons for such a change were. The second part defines the English trust, describes it and clarifies the three main conditions for its creation under applicable law - the three certainties. Further, it will explain who the settlor, trustee and beneficiary are, along with their rights and obligations. It also focuses on the three main types of trusts. Express trusts, created by an act of the settlor and the resulting and constructive trusts, which are created by decision of the courts. The third chapter concerns itself with the "svěřenský fond", as stipulated by the Czech Civil...

Sanctioning of legal persons Abstract The criminal liability of legal persons was introduced into the legal system of Czech republic by the Act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Proceedings against them which came into effect on the 1st of January 2012. It is a problematic that was highly debated even before the respective law was created and its introduction into the legal system was closely followed by most of our experts in the field of criminal law. We can still see a big interest in how this problematic functions to this day, more than 8 years after its adoption. This interest became the main motivation for the creation of this thesis. This thesis focuses mainly on the 3rd part of the above stated Act which means it concetrates on the individual sanctions applicable in relation to legal persons and how they are being used in the decision-making process of the courts of Czech republic. The demonstrate these outcomes a statistic of sanctions applied against legal persons was created. This statistic then serves as a basis for authors conclusions in relation to individual sanctoins as well as a more complex conclusions regarding the whole problematic of sanctioning of legal persons in Czech republic. There were many sources used in order to create this thesis such as...

1 Proceeding on administrative offences of legal persons in first instance Abstract: The administrative law represents wide and significantly fragmented area of the law system. There is no doubt the part of administrative law are also rules of administrative punishment including the corresponding procedural regulation. This thesis provides the basic analyses of selected aspects of the legal regulation of the proceeding on administrative offences of legal persons in first instance affective in Czech Republic. The basic source of law in this area is Act no. 250/2016 Coll., on the responsibility for administrative offences and on procedure on it, as amended (in this thesis also referred only as "act on administrative offences"). However, that act is not the only on regulation governing the proceeding on administrative offences. The special partial regulation of proceeding on administrative offences may be basically found in all acts within the area of administrative law which rule the administrative offences. This shall be not considered as exclusive mark of administrative law. The fragmentation, however not so significant is also present in the criminal law. Under the section 5 of the act on administrative offences as the administrative offence shall be understood socially harmful unlawful act which is as...

Error in criminal law The aim of this thesis is a comprehensive analysis of the problems of error in criminal law, finding weaknesses in the current legislation and outline appropriate solution. By error any inconsistency of someone's imagination with reality is meant. Knowing the offender's error is a very significant for legal theory, in case of relevant criminal errors it is a very serious consequence for the subjective aspect of the crime. In the Czech criminal law, which is based on the principle of liability for fault, it is an issue, without which this concept was not complete and whose meaning would be fading away. This thesis classifies the problems of error in terms of current legislation, legal doctrine and relevant case law . The first chapter of this thesis is devoted to an explanation of the term error itself, its theoretical inclusion in the context of criminal law and explains its implications. It focuses on the concept of fault, especially its importance and its components, the two faces of it, which are intent and negligence, or on the concept of guilt. Knowing these two concepts is essential for the next orientation in the issue of errors, and indeed in criminal law at all. In the second chapter the work focuses on the historical evolution of criminal law concept of error of the...

70 Abstract: Criminal Liability of Legal Entities focusing on Healthcare Providers As of 1 January 2012 a new act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them, has been effective in the Czech Republic, which incorporated a possibility to prosecute legal persons for selected crimes besides individuals. In June 2016, a new act no. 183/2016 Coll. Act that makes changes to the act. no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them was adopted. The main change it brings to the Czech legal system is that legal persons will be able to commit all the crimes stated in act no. 40/2009 Coll., Criminal Code, except for few crimes enumerated. Under this act, legal persons will be able to commit crimes against the life and health and due to that there is a big chance of prosecution of healthcare providers. The aim of this master thesis is to define in which situations one should consider the criminal liability of healthcare providers. Additionally, this document also aims to outline the general rules of the subject matter, and to determine the limits of its application. To interpret the legal regulation, descriptive and analytical methods are being used. The author compares Czech legislation with the legislation of other European...

This thesis deals with sanctioning of legal persons under the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Legal Proceedings against them (hereinafter referred to as "Act"). The main part of the paper consists in detailed analysis of the sanctions that may be imposed on legal persons. The main goal of the thesis was to evaluate this relatively new area of legislation which has not been amended to this day in any significant way. Special focus was given to the evaluation of whether the effective legislation in question is complex, sufficient and flawless or whether any amendment is necessary. The preface introduces the main topic, goals and the structure of the thesis. The thesis in general is divided into four parts. The second part deals with the basic institutes related to the criminal liability of legal persons and their sanctioning. The character of legal persons is defined, as well as the range of relevant legal entities on which the legislation in question is applicable. Also different approaches to the sanctioning of legal entities are introduced followed by brief analysis of the basic principles of the criminal liability of legal persons in Czech Republic in accordance with the principle of imputability of a crime to a legal person. The focal point of the thesis can...

130 A legal person as a member of an elective body of a limited company Abstract This thesis deals with one of the significant novelties in Czech company law adopted in connection with the recodification of private law, namely the general option to appoint a legal person as a member of a statutory, supervisory or another elective body of a limited company, i.e. limited liability company or joint stock company. The thesis presents the topic in a broader context and it is aimed to provide the reader with a basic idea of what the benefits and the risks are, which this concept brings into Czech law, and how usable it is in practice. For this purpose, an overview is given of how foreign legal orders regulate the membership of legal persons in elective bodies of limited companies, the extent to which this concept is widespread (not only in Europe) and what the existing, both positive and negative, experience is. Particular attention is paid to the legislation in Great Britain, because in this country, the issue of membership of legal persons in elective bodies of limited companies is currently being subject to breakthrough (albeit not yet effective) legislative changes consisting in a general ban on appointment of a legal person as a member of an elective body of a limited company. The thesis is divided into four...

Imperfect Personality in Commercial Law Robert Pelikán Abstract In the theory of law, legal personality (the terms "legal person" and "legal personality" are used in this text in their continental sense, i.e. describing both non-human and human entities and their legal capacity) is usually seen as a simple quality having only values, true or false. The existing theories of legal personality were, therefore, trying to find such characteristics of legal personality, which will fully describe all legal persons existing in practice. Such an effort had to fail or, more precisely, the process of search for such a common denominator had to result in the disappearance of all the key characteristics necessary for understanding of the phenomenon of legal personality. The exploration of legal personality must hence begin with the finding that legal personality is not a quality having only values - true or false - but rather a full scale of values from nil to a (rarely seen) full legal personality, moreover appearing in many dimensions. In order to duly explain the phenomenon, the theory must not search for a common denominator of existing persons, but describe the concept of full legal personality and explain the consequences of imperfection of existing legal persons in any of such qualities. Those requirements cannot...