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...

1 Abstract Thesis title: Civil Liability in Medical Law The main topic of this thesis is to analyze individual cases in czech medical law after the civil law codification. I would like to perform complete concept of civil liability in medical law, especially the liability for the damages. Different types of civil liability will be eleborate in detail, mainly though scientific literature and case law. The thesis consists of seven chapters. In the first chapter, I describe medical law in historical context relevant for the topic and also I introduce current legislation of medical law at all hierarchical levels included international agreements. In the second chapter, I desribe one of the most important concepts in medical liability law - concept called lege artis. The next chapter gives a brief introduction in the healthcare issues and is divided into several subchapters. In first three chapters there are also define the basic terms about health and disease. The fourth and fifth chapters are devoted to the actual liability for damages. The sixth chapter deals with civil protection of doctors and other medical employees. The last chapter is summary. It is evaluation of selected issues in health care. The aim is to introduce a new law conception and present particular types of obligation to compensate. The new...

The Commercial contract of purchase (law and perspectives) The contract of purchase is one of the most concluded contracts between artificial persons as well as between natural legal persons. It is surely appropriate to analyse modifications related to New Civil Code that is being drafted and means one of the biggest legislative changes that is being made in almost fifty years in the Czech private law. Therefore, the purpose of my thesis is to analyze both an effective law of the commercial contract of purchase including the international level, and forthcoming changes first and foremost related to liability for defects, consequences for the attainment of the ownership from the wrongful proprietor in general as well as in connection with real estate. I divided the thesis in two main parts; the first one is dealing with an effective law of the commercial contract of purchase, the second one is dealing with legal regulation in New Civil Code according to contract of purchase. Each of these parts is divided into minor chapters for better lucidity. In the first part I describe International sale of goods regulated by United Nations Convention on Contracts for the International Sale of Goods and its application, then by effective law of the commercial contract of purchase in Czech Republic. Within the...

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,...

Main goal of the diploma thesis was to present historical development of a testament in the area of Bohemia. Chapters of the thesis are put in chronological order and all the periods with an influence on the development are mentioned. At first an approach to testament in Roman law is presented, followed by feudal approach, an approach of the General Civil Code, approaches of totalitarian civil codes from 1950 and 1964 including changes which appeared after the Velvet Revolution and finally a new approach of the new civil code, Act No. 89/2012, taking effect on the January 1, 2014. To be able to understand fully the testament and all the related institutes it is necessary to begin with Roman law. It was the Roman law which laid the foundations for civil codes in Europe. This applies also to the testament in our area. Development in the following feudal period however was not positive when it comes to succession. Testament is therefore coming on the scene much later - mostly in form of code called city rights, which began a renaissance of the Roman law. The first complete civil code from 1811 was revolutionary when it comes to, besides other things, testament and succession. The General Civil Code was based on the Roman law traditions, it introduced extraordinary testamentary power for a testator,...

The purpose of the thesis "Contract of sale under business law" is to compare changes of the contract of sale, which occurred as a result of the newly adopted Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to simultaneously take into account the proposal for a European Parliament and Council Regulation on a Common European Sales Law (Common European Sales Law, CESL). The thesis also focuses on selected provisions of the purchase - especially rules governing the acquisition of ownership from unauthorized (and the related principle of good faith) under the new Civil Code. Rules governing the acquisition of ownership were significantly changed. Thesis attepmts to specify rules which are applied in the case one of the contracting parties is in the possition of a consumer. Specific features of contracting process must be taken in consideration due to the protection of consumers and or small and medium- sized enterprises. The thesis is focused on selected aspects of the contract of sale, thus the purchase of property, asset deal or liability for defects are mentioned only in passing.