The purpose of my thesis is to analyse the selected institutes of inheritance law. Since the New civil code has altered, or revived some of the institutes, my thesis looks at those changes, analyses them, compares them with German and Austrian civil codes and when appropriate gives my own opinion on the changes. The thesis composes of introduction, five chapters, each one of them dealing with different aspects of inheritance law and conclusion. Chapter one gives us general insight into inheritance law. Parts as follows are - General characteristics of inheritance law, basic principles and position in the New civil code, Selected changes in civil law terminology, which are used in the following chapters. Chapter two focuses on the basic institute of inheritance law, the Testament. The following parts focus on specific parts of this institute. Namely as follows - General insight into Testament, Persons that make it, The way how to make it, How to cancel it, Regular forms, Irregular forms, The division of assets, Compulsory shares, Disinheritance and Orders in testament. Chapter three focuses on Contract of inheritance as institute that is combined with parts of inheritance and contractual law. The parts as follows are - General insight, Persons that make it, Forms in which it is made, Basic...

The presented thesis seeks to provide a comprehensive commentary on the status of companies and trusts in the area of private international law with special emphasis on the modern development of Czech law. Aforementioned instruments were chosen especially with respect to their frequented use for asset management purposes. The essential part deals with status of companies in the European Union along with the main discrepancy between member states in determining the connecting factors. Aside from defining a nature of company and the fundamental theories setting its personal status, the author puts forward a historical excursus into the jurisprudence of Court of Justice of the European Union in shaping the freedom of establishment for legal persons. The section concludes with the topic on mergers and conversions as vehicles enabling the cross-border transfer of company seats. The structure of the subsequent part reflects a high dependency of shape of trusts and trusteeships on national legislation. The chapter opens with introducing the term equity and goes on to basic attributes of British trust. These introductory parts are followed by the analysis of this instrument with respect to international treaties. The conclusion scrutinizes trusteeship as embedded in new Czech civil code, together with...

Title: Reflections of the New Civil Code in the life of sports clubs at the local level. Objectives: The goal of this diploma thesis is to specify the changes in the life of sports clubs at the local level after the New Civil Code, which came into effect on 1. 1. 2014. The main object is to discover the changes in the structure of the non-profit sport organizations, tax management of the sports clubs and also to offer concrete advices, which would help to cope with the transformation to the New Civil Code. Methods: In this thesis the qualitative method is used. Semi-structured interviews are helping to get the complex overview of the problems and concrete issues. In case of availability, the legislative documents of interviewed non-profit sport organizations are analyzed to specify and verify their answers. Research is supplemented by basic analyzes of public register, which will help to describe current situation of reactions on the New Civil Code. Results: Thanks to the research it was discovered that non-profit sport organizations, which have the help of private sector, support of umbrella organization or advantage of having professional member with experiences in accounting, taxes or law, will more likely manage with all the changes caused by the new legislative. Rest of the non-profit sport...

Title: Establishing of a sports club as a non-for-profit organisation Objectives: The main goal of this thesis is to set general managerial standards, usable as an aid while establishing a sports club as a non-for-profit organisation, and to show their practical use in the process of establishing. Five already existing sports clubs (established as non-for profit organisations) will be analysed. In the first step an analysis of documents (especially law) and analysis of the clubs will be made, followed by a situation analysis. Based on the results of the analysis, we will create a set of norms and practices, helpful for managers establishing a non-for-profit sports club. Methods: In the theoretical part, all areas necessary for establishing a sports club as a non-for-profit organisation were studied - including law, economic activities, management and marketing. Five sports clubs were chosen, intentionally at random. Document analysis has been made, using the club's articles as a source, following the situation analysis for which I have used information gathered by half-structured interviews with the clubs' representatives. Results: Based on the document analysis and situation analysis of the sports clubs, general managerial standards have been set, helpful in the process of establishing a sports...

During the legislative works on a new Civil Code for the Czech Republic, it has been proposed that the concept of trust be introduced into Czech law, largely by transplanting the concept of fiducie contained in the Civil Code of Québec. The thesis, after introducing the principal concepts of trust as known around the world today, whether in common law jurisdictions, civil law jurisdictions or mixed jurisdictions, describes the principal commercial uses of trust in trust jurisdictions and analyses the possibilities of current Czech law to replicate the trust function not using the trust. The thesis argues that the classical civilist objections to the possibility to implant true trust into civil law jurisdictions are largely unfounded in respect of the Czech legal system. The thesis further performs a comparative assessment of the Czech Civil Code proposal. It is argued that the legal construct at hand in the proposal is actually not trust, but a mere trust-like arrangement, as it lacks one of the trust's most salient features -- transfer of the trust property by the settlor to the trustee. Apart from that, the thesis analyses specific provisions of the proposal and subjects them critique. Based on this analysis, it introduces a number of proposals for the enhancement of the proposed provisions.

Thesis title: The responsibility of an employee for damage The subject of the thesis is the responsibility of an employee for damage. The thesis offers in the first place a comprehensive summary of the current legislation of the topic. The main purpose of the thesis is to summarize the legislation of the labor- law and of the employee`s responsibility for any damage done to the employer where for this purpose there are analyzed particular sorts of the responsibility distinguished by the Labor Code. In details there are described first of all specific conditions that must be fulfilled to claim the responsibility on the employee for the damage, the possibility of the employee to disclaim it is not neglected either. The thesis focuses on the main differences that distinguish the particular sorts of the responsibility from each other. An attention is given to the links between labor law and other legal codes, especially the civil one where the connection is the closest whereas the understanding of this mutual relation is very essential to understand the stated topic. The thesis is not formulated as only theoretical however there is a practical view of the topic included which is mingled mostly by decision-making practice of courts which generates some answers to unclear explanation of the legislations,...

The dissertation titled "Protection of property rights in the decision-making practice of courts in the Czech Republic" gives a holistic view of the decisions of courts of general judicial system and the Constitutional Court of the Czech Republic in matters relating to the conditions, manner, and limits of the property rights protection. The topic is understood as an interpretation of various institutes in which the courts' decisions claims the most, and as a summary of judgments reflecting every single institute. The dissertation captures the judicial decision-making practice, taking into account the state of the legislation in force until 31 December 2013. The empirical part of the dissertation which corresponds to the selected assignment is preceded by a necessary interpretation of theoretical, doctrinal and historical bases of the topic. The dissertation also reminds the in time-varying insight into the nature, meaning and object of property rights and on the level and ways of protection in the Roman law jurisprudence and civil codes that directly affected the courts application practice in the territory of the present-day Czech Republic. An interpretation of privatization and restitution process that took place in our society after 1989 is an important link between the theoretical and the...

O estudo jurídico do sistema de pagamentos sob o enfoque do direito obrigacional requer exame prévio do fenômeno socioeconômico representado pela moeda, enquanto elemento fundamental da relação obrigacional de compra e venda, determinante do preço e objeto do pagamento. Antes, porém, da análise do pagamento e de seus instrumentos jurídicos, ou seja, da moeda (em sentido largo) como efeito jurídico, tem-se de perquirir sobre sua natureza com o auxílio dos conceitos elaborados sobretudo pela ciência econômica, mas também pela sociologia e pela história social. O exame da realidade socioeconômica sob o prisma da essência dos fatos, não apenas de sua aparência, busca na materialidade do fenômeno monetário o suporte teórico para o encaminhamento da análise jurídica desse mesmo fenômeno e seus correlatos, tanto sob o enfoque positivista (dogmático) quanto sob o interativo, ou seja, enquanto relação entre o mundo jurídico positivo e a globalidade social por meio da interpretação ou aplicação das normas. A partir desse quadro analítico, procura o presente trabalho apresentar, primeiramente, um panorama do sistema monetário, situando o problema da moeda no contexto econômico e jurídico. Na segunda parte são expostos os fundamentos analíticos da economia em sua forma monetária (análise econômica da moeda). A terceira seção abrange o efetivo funcionamento do sistema monetário, particularmente examinando as funções do dinheiro numa economia monetária. A quarta e última parte apresenta o Sistema de Pagamentos Brasileiro (SPB) em seus moldes institucionais, situando-o no arcabouço do ordenamento jurídico nacional. A partir de seus fundamentos jurídicos, procede-se ao exame das matérias específicas do Direito obrigacional, em particular do pagamento e de suas garantias institucionais. / The legal study of the system of payments under the focus given by law requires prior examination of the economic phenomenon represented by currency as a key element of the obligational relationship given by purchase agreement, as by establishing the price and also as an object of payment. However, previously to the analysis of the payment and its legal instruments, i.e. the currency (in broad sense) as a legal effect, one should assess his nature with the aid of concepts specially developed by economic science, but also by sociology and social history. The examination of the socio-economic reality lit by the essence of the facts, not just by their appearance, search through the materiality of monetary phenomenon for the theoretical support for legally dealing with such a phenomenon and the correlated ones, both under the positivist approach (dogmatic) as under the interactive one, that is, as a relationship between the effective legal world and the social universe as a result of the interpretation or application of law. From this analytical framework, the ongoing writing seeks firstly to show a panorama of the monetary system by focusing the currency problem in the economic and legal context. The second part deals with the analytical foundations of the economy in its monetary form (economic analysis of currency). The third section covers the effective functioning of the monetary system, particularly by assessing the functions of money in the context of a monetary economy. The fourth and last part deals with the Brazilian Payment System (SPB) in its institutional patterns, by placing it in the framework of the national legal system. From their legal grounds, one assesses the specific matters concerning the Law of obligations, in particular the payment and its institutional collaterals.

Le divorce comme objet d’étude littéraire, la proposition peut surprendre. La répartition distributive des champs et des domaines de pensée exigerait que l’on en fasse, au choix, le sujet d’une réflexion historique, politique, juridique, sociale ou morale. De littérature, il n’est en revanche point question. En 1884, la réhabilitation du divorce dans la législation française est pourtant l’œuvre d’une combinatoire inédite entre politique et littérature. Depuis les tribunes et les colonnes des journaux, dans les essais et dans les livres, la narration des malheurs matrimoniaux d’hommes et de femmes pris dans les tenailles de la loi, se débattant contre une fatalité civile qui contraint leur vie privée et conjugale, crie en faveur du démariage. Alors que les liens entre le récit et la revendication d’une désunion légale sont séculaires, noués notamment dans les œuvres de George Sand, le combat de plumes mené contre l’indissolubilité du mariage va significativement révolutionner la pensée de la littérature à thèse, encourager une réflexion sur la fonction de l’écrivain, sur son rapport au droit, et démontrer le pouvoir de la littérature sur les mœurs et sur la rédaction des lois. Outil d’analyse précieux pour comprendre le fait intellectuel, littéraire et narratif des débuts de la IIIe République, le motif du démariage sert de plus l’étude de la représentation de la conjugalité dans le récit français de la fin du XIXe siècle. Devenu légal, le divorce bouleverse en effet l’imaginaire du récit de mœurs privées et inaugure de nouvelles situations narratives : la rencontre avec l’ancien époux, la jalousie du nouveau mari, la seconde nuit de noces, le passé sexuel de la femme deviennent bientôt les lieux communs et les lois narratives du genre. La promulgation du divorce éprouve néanmoins rudement les coutumes narratives françaises : en offrant une solution au récit d’adultère, le divorce brise un modèle narratif séculaire, et oblige le récit à repenser ses fatalités et ses formes. / Divorce as an object of literary study, the proposal may surprise. The distinctiveness of fields and areas of research requires that a choice be made to study the question from a historical, political, legal, social or moral point of view. Literature, however, is never even considered. In 1884, the rehabilitation of divorce in French legislation was the result of an unusual combination of politics and literature. From the editorials and columns of the newspapers, in essays and in books, the narration of matrimonial misfortunes of men and women caught strangled by the law, wrestling against a civil inevitability that constrains their private and conjugal life, clamors for un-marriage. While the ties between literature and the claims for legal disunion are secular, linked in the works of George Sand, the battle of pens fighting against the indissolubility of marriage will significantly change the thinking of engaged literature and encourage a reasoning on the role of the writer, his relation to the law, and to demonstrate the power of literature on morals and the drafting of legislation.As a valuable analytical tool to understand the intellectual, literary and narrative aspects of the beginnings of the Third Republic, the un-marriage topic can be used to study the representation of conjugality in the French narrative of the end of the 19th century. Henceforth legal, divorce in fact transforms the imagination of literature on private morals and inaugurates new narrative situations: the encounter with the former husband, the jealousy of the new husband, the second wedding night, and the sexual past of the woman, all soon become common practice in the literary genre. The promulgation of divorce nevertheless rudely tests French narrative customs: by offering a solution to stories of adultery, divorce breaks a secular narrative model, and obliges literature to rethink its fatalities and its forms.

[pt] O trabalho enfoca a relação entre linguagem e Direito, apontando o distanciamento entre a linguagem legal e a linguagem do homem médio. Tendo por base o estudo comparativo de segmentos do Código Civil brasileiro de 1916 e de 2002, relativamente ao Direito das Sucessões, analisam-se questões pertinentes à estruturação sintática, à utilização vocabular e à presença de ambigüidades estruturais. Busca-se, assim, identificar os principais fatores responsáveis pelas dificuldades enfrentadas pelo homem médio ao interpretar textos legais. O estudo, valendo-se de uma pesquisa realizada junto a informantes, constata que houve um certo progresso quanto à linguagem adotada no Código Civil de 2002, em face à do de 1916. Aponta, contudo, que o progresso realizado está muito aquém do desejável, dado que, na virtual totalidade dos casos, alternativas de redação propostas pela autora foram preferidas às correlatamente encontradas no Código de 2002. A pesquisa volta-se, também, para a identificação de marcas lingüísticas evidenciadoras de mudanças axiológicas ocorridas na sociedade brasileira desde a promulgação do Código de 1916, e refletidas no de 2002. A dissertação discute as relações entre linguagem e poder e destaca a perversidade da coexistência da ficção, juridicamente necessária, de que a ninguém é dado escusar- se de cumprir a lei alegando o seu desconhecimento com a perpetuação de uma linguagem jurídica obscura e proliferação irrefreada de leis. Defende, assim, a adoção de uma linguagem jurídica que, ao invés de afastar o homem médio do conhecimento de seus direitos e deveres em face da sociedade, se torne um meio propiciador desse conhecimento. / [en] This work focuses on the relation between language and Law, pointing out the distance that prevails between legal language and the language of the common man. By comparing segments of the Brazilian Civil Code of 1916 with those of the Civil Code of 2002, in regard to Successions Law, issues concerning syntactic structure, use of vocabulary and the presence of structural ambiguities are analyzed. The identification of the main factors responsible for the difficulties faced by the common man in interpreting legal texts is also pursued. By means of an empirical research undertaken with informants, the study establishes that there has been a certain degree of progress, language- wise, in what concerns the Civil Code of 2002, as compared to that of 1916. However, it points out that the degree of progress that has been achieved is far less considerable than that which would be desirable, since, in virtually all cases, the alternative linguistic formulations proposed by the author were preferred over their parallel formulations found in the Civil Code of 2002. The research also provides the identification of linguistic traces which signal axiological changes that have taken place in Brazilian society since the promulgation of the 1916 Code, and which are reflected in that of 2002.The thesis discusses the relation between language and power and calls attention to the perversity of the coexistence of the necessary juridical fiction that no one can be excused of abiding to the law by claiming to ignore it with the perpetuation of an obscure juridical language and the unrestrained proliferation of laws. It thus recommends the adoption of a juridical language that instead of deterring the common man from finding out what his rights and his responsibilities in face of society are, transforms itself in a means of favoring such knowledge.