The present diploma thesis deals with the comparison of the institute of divorce in two European countries, the Czech Republic and Italy, in the perspective of both substantive law and procedural law. A brief historical excursus, which serves as a better introduction into the problem as a whole, is followed by an analysis of the characteristics of divorce that Italy and the Czech Republic have in common, as well as the differences between both laws, whereunto the procedural legislation in both countries follows. Attention is paid also to extentions to other legal fields that relate with the divorce: maintenance obligations and the regulation of relations between parents and minors after the divorce. A view on the whole subject area is completed by being put in the frame of international law.

The research analyses the locus standi before administrative courts in Italy and Germany, in the perspective of the evolution of the aim and the scope of the judicial review of the administrative action. Starting from an examination of the historical outlines regarding the judicial review in the two systems, the current research explores the theoretical contours of the concepts of standing and interest to act, focusing also on the analysis of the judicial understanding of both these concepts. The analysis is conducted from a comparative point of view, through the study of the case law in the Italian and German legal systems. The aim pursued is to verify, through a comparison between the different experiences, the existence of a possible ongoing mutation - attributable to the Europeanisation of the administrative process - that alters the characteristics of the Italian and German administrative judgment in the access to protection. The comparative investigation shows how the changes that can be found in the judicial review of are in part analogous in the two legal systems and are connected to the importance of certain interests of a general nature at the legal level. It also makes it possible to reflect on the identification of a model capable of overcoming the difficulty regarding the compatibility between interests of a general nature and the predominantly subjective logic of the judicial review of administrative action in Italy and Germany.

This diploma thesis deals with the analysis and comparison of the legal regulation of special territorial nature protection in the Czech Republic and the State of Israel. The main aim of the diploma thesis is to provide an overview of the legal regimes pertaining to special territorial nature protection in the compared countries and to confront different legal institutes and thus draw attention to some problematic aspects of the present law. The thesis is divided into 5 chapters. The first chapter provides an introduction and is followed by the second chapter, which deals with the legal regulation of the special territorial nature protection in the Czech Republic and it is divided into five parts. The first part of the second chapter briefly introduces the historical development of establishing specially protected areas and also describes former legal regimes of the special territorial nature protection. Since national and international legal regulation in this field are closely connected, the thesis emphasises the most important international treaties in the sphere of special territorial nature conservation, including the legal framework of the European Union. The third part is concerned with classifications of the specially protected areas in the Czech Republic and the process of their...

This work deals with the comparison of enterprise in the Czech Republic and Switzerland from the legal point of view. The focus is on the company law and comparison of the main characteristics of business units existing in the both countries. In the first chapter, general characteristics of enterprise are briefly introduced, including the legal definitions. Second chapter includes overview of possible business units and short introduction of a sole trader as a natural person and of the companies as juristic persons. In the following chapter, legal sources are described by which the enterprise is regulated in both countries. The last chapter is the most important part of this work, which deals with the comparison of the mostly used forms of companies in both countries. This part is focused on the differences shown in both legal relulations in connection with the structure of the certain form of company and its internal and external relations. At the end of each subchapter is mentioned also practical use of the company.

The overarching purpose of this doctoral thesis is to determine if the system of legal mechanisms in European Community law governing what procedural rules national courts shall apply to Community rights can be reformed to better balance involved interests. European Community law is often applied and enforced by ordinary national courts that, as a general rule, supplement substantive Community rules with national procedural rules. While the Community rights that individuals can rely upon before national courts are the same in all Member States, the procedural rules that national courts apply to those Community rights can and often does differ between the Member States. While this order is often acceptable, Community law contains a number of exceptions from the general rule that it is the Member States that decide what procedural rules national courts shall apply to Community rights. Such exceptions are primarily motivated by the need to ensure the effectiveness of Community. In order to determine what interests should be taken into account when deciding what procedural rules national courts shall apply to Community rights and how a more balanced system could be constructed, the European legal system is herein compared to that of the United States. American State courts apply Federal law much like national European courts apply European Community law and, also similar to Community law, a system of legal mechanism governing what procedural rules State courts shall apply to Federal rights has developed. While U.S. law and European Community law are in this respect similar, the two are not identical. A comparison between the two reveals that the European approach improperly overlooks several interests that are central in the American approach. Most importantly, the European approach emphasizes and promotes the effectiveness of union law at the expense of upholding a proper division of power between union and states. American law also provides European Community law with practical advices regarding how a better balanced approach can be constructed and points to solutions that should be avoided.

In dieser Arbeit wird Rechtslage bezüglich Landpachtverhältnissen in Deutschland, Spanien und dem Vereinigten Königreich verglichen und anhand eines Textkorpus die Textsorte Landpachtvertrag den jeweiligen Entsprechungen gegenübergestellt, wobei ein besonderer Fokus auf dem Aspekt der Rechtssprache liegt.

Text in Afrikaans, abstract in Afrikaans and English / Die regsposisie van die deelgenote tot 'n de facto huwelik word krities ondersoek met inagneming van die huidige Suid-Afrikaanse regsposisie, oorsigtelike regsvergelyking, die morele argument, en die invloed van die Grondwet van Suid-Afrika. Die verskillende vorme van de facto huwelike in sy bree interpretasie word in oenskou geneem en die volgende verbindings word bespreek: saamwoonverhoudings; inheemsregtelike huwelike; huwelike voortspruitend uit godsdienstige tradisies; en homoseksuele huwelike. Dit word gevind dat die Suid-Afrikaanse regsposisie tans baie onbevredigend is. Sekere voorstelle vir wysigings word aan die hand gedoen, en daar word gewys op die unieke kenmerke van die Suid-Afrikaanse situasie wat in ag geneem moet word in die vorming van 'n nuwe benadering. Dit word bepleit dat die regslui die uitdaging moet aangryp en met innoverende denke 'n nuwe bestel vir die Suid-Afrikaanse reg moet skep wat buigbaar en soepel is, maar terselfdertyd regsekerheid bevorder. / The legal status of the parties to a de facto marriage is investigated, taking into consideration the present South African position, legal comparison, the moral argument, and the influence of the Constitution of South Africa. The different forms of the de facto marriage in its wide interpretation are reviewed and the following relationships are discussed: cohabitation relationships; customary marriages; marriages resulting from religious traditions; and homosexual relationships. It is found that the present South African legal position is very unsatisfactory. Several suggestions for amendments are made, and the unique characteristics of the South African situation to be taken into consideration in forming a new approach, are highlighted. It is pleaded that the legal profession accept the challenge to create, with innovation, a new system for South African law which will be flexible, but, will at the same time ensure certainty in law. / Private Law / LL. M.

Text in Afrikaans, abstract in Afrikaans and English / Die regsposisie van die deelgenote tot 'n de facto huwelik word krities ondersoek met inagneming van die huidige Suid-Afrikaanse regsposisie, oorsigtelike regsvergelyking, die morele argument, en die invloed van die Grondwet van Suid-Afrika. Die verskillende vorme van de facto huwelike in sy bree interpretasie word in oenskou geneem en die volgende verbindings word bespreek: saamwoonverhoudings; inheemsregtelike huwelike; huwelike voortspruitend uit godsdienstige tradisies; en homoseksuele huwelike. Dit word gevind dat die Suid-Afrikaanse regsposisie tans baie onbevredigend is. Sekere voorstelle vir wysigings word aan die hand gedoen, en daar word gewys op die unieke kenmerke van die Suid-Afrikaanse situasie wat in ag geneem moet word in die vorming van 'n nuwe benadering. Dit word bepleit dat die regslui die uitdaging moet aangryp en met innoverende denke 'n nuwe bestel vir die Suid-Afrikaanse reg moet skep wat buigbaar en soepel is, maar terselfdertyd regsekerheid bevorder. / The legal status of the parties to a de facto marriage is investigated, taking into consideration the present South African position, legal comparison, the moral argument, and the influence of the Constitution of South Africa. The different forms of the de facto marriage in its wide interpretation are reviewed and the following relationships are discussed: cohabitation relationships; customary marriages; marriages resulting from religious traditions; and homosexual relationships. It is found that the present South African legal position is very unsatisfactory. Several suggestions for amendments are made, and the unique characteristics of the South African situation to be taken into consideration in forming a new approach, are highlighted. It is pleaded that the legal profession accept the challenge to create, with innovation, a new system for South African law which will be flexible, but, will at the same time ensure certainty in law. / Private Law / LL. M.

In dieser Arbeit wird Rechtslage bezüglich Landpachtverhältnissen in Deutschland, Spanien und dem Vereinigten Königreich verglichen und anhand eines Textkorpus die Textsorte Landpachtvertrag den jeweiligen Entsprechungen gegenübergestellt, wobei ein besonderer Fokus auf dem Aspekt der Rechtssprache liegt.

The dissertation called "Flaws of the legislative procedure and the legislation itself" aims to describe the main problems and flaws of the legislative procedure and the current condition of the legislature. It deals with the question of the cause of the current unintelligible and disorganized law. The paper analyses the situation in the Czech Republic, Germany and Austria. The thesis deals with four main questions. First, what kind of law the legislator should create. The question is answered by the description of the formal attributes of the law. Subsequently, it is put into question how the legislator should create such law. The duties of the legislator are described as those which were deduced by the German Federal Constitutional Court. In the chapter which deals with the question of how the legislator creates such law in reality, the particular safety measures and particular flaws of the legislative procedure are described. Finally, the last question analyses what kind of law is created by the legislator in reality, i. e. it deals with the problems of the current legislature which are specifically caused by the so called flood of laws. In conclusion, the thesis answers the question whether there is a connection between the particular flaws of the legislative procedure and the particular flaws...