The aim of my thesis is to analyse the legislation regarding the residential lease and to compare the new Civil code regulation with the old Civil code regulation. Whereas some provisons of the old Civil code were completely replaced by the new legislation and some were practically left untouched. The thesis is composed of seven chapters and subchapters. The introductory part consists of the overview of the historical evolution of the residential lease and definition of fundamental terminology. The main part of the thesis concentrates on describing the residential lease and changes of the relating legislation. The last part concentrates on interesting court rulings. The first chapter presents the overview of the changes in the residential lease legislation, from the 19th century to the present day and is divided into three broad historical periods. The second chapter comprises the main definitions including definiton of the residential lease, definitiv of a flat, cooperative housing flat, sublease and other types of flats. The third chapter mentions various ways of establishing the residential lease and mainly concentrates on lease contract, which is the most common reason for establishing the residential lease. The fourth chapter summarizes the changes in the regulation of rights and obligations of...

The aim of my thesis was to describe the legislation regarding the lease of an apartment, as it is included in the Act No.89/2012 Coll., the civil code. The new civil code brought a lot of changes into the Czech legal system. The changes affected lease of an apartment as well. In my thesis I also adress the legislation of recent past, as it is vital to compare it to the new one. Thesis itself is divided into seven chapters and they are divided into subchapters. In each charter I will describe the new legislation with occasional remark to the recent one. In chapter one I describe the development of the legislation of the lease of an apartment, from the roman era, through middleages, modern codes of law, all the way to current state. The second chapter is focused on the definition of key legal institutes regarding lease of an apartment. It is crucial to define these institutes as they are vital for understanding of the whole legislation. In the third chapter I describe ways in which the lease of an apartment can come into existence. I mostly compare the old legislation with the new one. Chapter four is focused on rent and other payments related to the lease of an apartment. I describe how the rent is defined either in civil code or in other legal acts. In charter five I analyze the rights and...

The thesis is dealing with the notion of invalidity as a juridical institute of civil code. It is expounding the types of invalidity, their common features and differences between them. Particular reasons of invalidity are being examined in detail. The thesis is focused mainly on comparing the legal regulations of the current and the new Czech Civil code.

1 ABSTRACT (resumé - anglická verze) Testament and its legal regulation in the history, present and de lege ferenda This thesis is concerned with historical development of legislation of the testament as a probate title in our country. It analyzes the different legal regulations and delivering a comprehensive look at this institute from past to present and thanks to the new civil code in to the future. Its aim is to bring will to the general public as a significant Heritage title respecting the will of the testator and allowing him to choose his heirs or their inheritance shares otherwise than as provided for in the rules of inheritance law. Since the new Civil Code returns to our inheritance law some traditional institutions, it is beneficial for better understanding to be also familiar with their historical adapting and development. Thesis in each historical period approximates the form of the testament with its most relevant features that enable easier comparisons between treatments. The first part is presented form of testament by the law of Roman. It wasn't only laid the foundations of this institute, but continental law at all therefore his conception of wills and inheritance law cannot be ignored. First chapter closer the Roman law requirements for persons deceased and heirs (testamentary capacity),...

A CHARGE AS A SECURITY Act No. 89/2012 Coll., the New Civil Code (the "New Civil Code") has been in effect since 1 January 2014. The New Civil Code has substantially changed Czech civil law in many respects, including the rules governing the grant and enforcement of asset security. The following paper analyzes, inter alia, the changes to these rules brought about by the New Civil Code, and in particular seeks to evaluate them from a practical perspective, utilizing standard interpretative methodologies, as well as interpretation e ratione legis, and comparative law. Prior to adoption of the Act, rules governing security were unsatisfactorily derived from a number of legislative sources (Act No. 40/1964 Coll., the Civil Code, Act No. 513/1991 Coll., the Commercial Code and Act No. 591/1992 Coll., the Securities Act), and were relatively underdeveloped, such that some quite basic issues were left for the courts to decide. Both of these deficiencies have been addressed by the New Civil Code. The New Civil Code replaces the old Civil Code, the Commercial Code and the Securities Act, thus unifying the divergent rules on asset security, and develops these rules in greater detail. The New Civil Code has introduced new legal concepts and instruments to the asset security framework under Czech law. These...

The purpose of this thesis is an analysis of changes in Czech substantive private law resulting from the New Civil Code no. 89/2012 Coll, and the Act on Business Corporations no. 90/2012 Coll., with an impact on tax law as a part of finance law, in particular on regulation of income taxes. The thesis comprises of three parts. In the first one, terminological and material changes contained within the recodification which require amendment of tax legislative are introduced - new terminology of the new private law regulation, new legal institutes and changes in current institutes (e.g. public-benefit persons, extensive notion of a thing or trusts as a separate ownership without legal personality). The second part of the thesis analyses the governmental draft of the Act on Amendment of Tax Legislative in Relation to Recodification of Private Law and on Amendment of Certain Acts and reflection of the recodification in Act no. 586/1992 Coll., on Income Taxes as amended. Institute of public-benefit taxpayers or taxation of income arising in respect of inheritance are examined among other changes. Other amendments not directly related to the recodification (e.g. integration of inheritance and gift taxes or exemption of shares in profit of business corporation from taxation) are also briefly mentioned. Finally, the...

RESUME The aim of this thesis is to provide a general description of the purpose, functions and principles governing the right to unilaterally terminate a contract under Czech law. The main part of the thesis provides overview of the provisions of the new Civil Code regarding termination of contract, describing the conditions for termination of the contract, limitations on contractual freedom to agree upon grounds for the termination of the contract, prerequisites of the termination of the contract and the legal consequences to the rights and obligations of the contractual parties following successful termination of the contract. The thesis differentiates between the following generally applicable grounds for the termination of the contract: (i) a material breach of contract; (ii) a breach of contract (whether material or immaterial) constituting delay within the meaning of the new Civil Code, (iii) fulfilment of specific obligation with defects and (iv) anticipatory breach of contract. Each ground for termination is analysed in detail and the overlaps of the specific grounds for termination is identified. The thesis further introduces selected interpretation difficulties connected with the new Civil Code and suggests possible solutions to these issues, taking into account the purpose of the provisions...

The subject of this diploma thesis is to analyze the basic inheritance law institutes before and after the recodification of private law in the Czech Republic. Considering the forthcoming effect of the Act No. 89/2012 Coll., the New Civil Code which will replace the current Civil Code No. 40/1964 Coll. and which introduces significant changes into the inheritance law, the main aim of the thesis is to provide a comprehensive picture of selected inheritance law institutes in the light of these specific changes, their assessment and outline of the beneficial and problematic areas. The thesis is composed of five main chapters, each of them dealing with a specific area of inheritance law institutes. The introductory chapter of the thesis defines the concept and legal regulation of the inheritance law in the Czech Republic. I also briefly define the basic principles that are crucial for the inheritance law, whereas I emphasize the principle of will autonomy, which is the main principle for the new inheritance law regulation. The second chapter explains the concept of inheritance law institute and outlines also the new concepts of inheritance law. The main goal of the thesis is particularized in the final part of the chapter. Chapter three examines the basic assumptions of hereditary succession; for the...

Liability for defects in business contracts The topic of my diploma thesis is liability for defects in business contracts, i.e. agreements that are even today being closed under the Czech Commercial Code, as amended. The liability for defects arising from the contract of purchase (or other types of contracts if needed) is a significant part of liability relationships, which may come into existence from obligations. Considering the upcoming recodification of private law, the focus of the thesis is the comparison of current and future legislation of the matter (Act No. 513/ 1991 Coll., the Commercial Code and Act.no 89/2012 Coll., the Civil Code being the current and future major regulations). The aim of the thesis is to identify the major modifications that are about to come into practise and at the same time to evaluate how these changes are going to influence the position of either party to a contract. I decided to systematize the comparison according to different aspects of the topic and I used the same system structuring the chapters. After the introduction and a brief historical summary I first presented the general characteristics of the liability for defects. In following chapters, these particular aspects have been examined: the definition of wrongful performance, the kinds of defects, the...

Extraordinary compensation in personal injury cases The purpose of this thesis is providing the information about the compensation for damage to health in the Czech Republic with an emphasis on the development of case law. The introductory chapters are provided general assumptions of liability and introduced the issue of liability for damage caused by the nature of the used thing and liability for damage caused by operating activities with an emphasis on medical disputes. Also, a brief definition of lege artis procedure as a basic prerequisite for the performance of medical care. Definition of the conditions and extent of compensation for damage to health by the Ministry of Health No. 440/2001 Coll., including a comparation with the previous Decree No. 32/1965 Coll. The main basis of the thesis consists of a table of case law in terms of compensation for damage to health and the amount of granted compensation. Table of case law serves not only as a basis for drawing conclusions from the cases, but also to serve as a practical tool for practice to quick orientation in the personal injury cases, simply by searching for a similar injury and assessment of compensation according to the table of case law. In terms of compensation for damage to health, thesis also deals with the issue of personality rights,...