The thesis deals with the decision-making practices of the Czech Constitutional Court in matters of taxation. The first chapter serves as an introduction to the topic of taxes and their different types, pays attention to the distinction between taxes, fees and other similar payments, and outlines the constitutional foundations on which taxes in broader sense may be imposed. The following section discusses the role of the Constitutional Court, mentions the types of court proceedings related to the field of taxation, and distinguishes between the court review of questions with constitutional law relevance, which the Constitutional Court examines, and of matters of ordinary law without such relevance, which are left to the general courts. The importance of the decision-making agenda of the Constitutional Court and the binding nature of its decisions for different groups of subjects and in different type situations is outlined. The third section then proceeds to analyze the important constitutional principles that are common for the field of tax law, namely the prohibition of genuine ex post facto legislation, and conversely the general permissibility of perceived retroaction, the principle of imposing taxes solely on the basis of law, and the use of the in dubio mitius principle, which is a...

This thesis deals with the bill of exchange, which fulfils a specific funkction. It is s security for a debt. The thesis is divided into three parts. The first part is concerned with the legal regulations of the bill of exchange generally. The second part deals with the bill of exchange as a security for a debt. This part completes the first part. The last part is concerned with the practical use of the bill of exchange within the bank credit.

Univerzita Karlova v Praze Právnická fakulta Patrik Koželuha Abstract: Teleological interpretation and the case law of Czech courts The purpose of my thesis is to analyze teleological interpretation from both the theoretical and the practical point of view. Since the use of teleological interpretation by Czech courts has increased in the last two decades, the reason for my research is to present recent legal discussions related to the teleological interpretation. The thesis also examines the arguments which support or criticise such method of interpretation and compares them to contemporary judicial decisions. The thesis is composed of two main chapters; each of them explores the teleological interpretation from a different perspective. The first part is a theoretical part which summarizes acquired knowledge of legal theory concerning teleological interpretation. The second part deals with detailed analysis of selected judicial decisions. The aim of the thesis is to provide a reader with a comparison between theoretical and practical approach to the teleological interpretation. The opening subchapters of the theoretical part explicate what the statutory interpretation is. It also attempts to outline the limits of interpretation. Subsequently, the study presents and characterises the main methods of...

This thesis analyzes the contemporary case law of European courts regarding Community trade mark. The thesis is composed of five chapters. First chapter characterizes Community trade mark as a legal instrument of the law of the European Union. Second chapter analyzes relevant sources of law. Third chapter deals with institutions that are crucial mainly for the registration and protection of Community trade marks. Then the fourth chapter describes the registration process before the Office for Harmonization in the Internal Market. First part of this chapter focuses on the formalities of an application of the Community trade mark filed at the Office. Second part is concerned with the right of priority. Third part looks at absolute grounds for refusal of an application. Fourth part refers to relative grounds for refusal. Finally, the fifth part describes the grounds for revocation of the rights of the Community trade mark. At last the fifth chapter examines the contemporary legal background of the system of protecting the rights of proprietors of Community trade marks. The results of this thesis shows that the current legislation and the case law of European courts contribute to the functioning of the common market and mainly to free movement of goods by reasonable determination of limits for...

The aim of the thesis is to analyse judicature dealing with environmental crime of Czech courts. The reason for my research is fact, that environmental crime is one of the most dangerous for all human kind and there is such a small attention paid to it here in Czech Republic. The thesis is composed of five chapters. Chapter one is introductory and lines out goals of the thesis, terminology and techniques used in the thesis. Chapter two provides an outline of relevant Czech case law. This chapter is subdivided into six parts. Each part looks at special kind of environmental crime such as cruelty to animals, poaching, illegal wildlife trade, forest damage etc. Chapter three concentrates on impact of criminal liability of legal entities on environmental crime. Chapter four examines the infrequency of environmental crime coming before the court. Conclusions are drawn in Chapter Five. Frequent changes of complicated legislation have crucial influence on fighting the blight that is environmental crime. Prosecuting authorities are not motivated to prosecute the environmental crime because of light sentences. Czech courts also sometimes tend to legal positivism which brings out controversial judgements, especially in combination with poor-quality legislation.

The aim of this thesis is to analyse and compare wrongful birth cases in European context. Its first part focuses on the theoretical explanation of the concept of the action itself, then it is followed by a detailed comparison with wrongful life actions. A proper definition is necessary for further understanding of the matter. The second part of the thesis aims at an in-depth description of wrongful birth cases in major European countries. It discusses the medical liability and the parents` rights in the past cases and brings an evaluation and a de lege ferenda point of view. The conclusion deals with the similarities and the differences and offers the author's insight on the subject.

This work deals with failure to provide assistance. This is a very complex and extensive topic related to everyday life each of us. Often there are issues regarding the interpretation of certain concepts. Addressing these questions provides case law. The most contentious issues occur in relation to the areas of health . Failure to provide assistance is not just a matter of law , but relates to many other social sciences and disciplines . Although the failure to provide assistance in this work mainly deal with in terms of criminal law, I outlined a lot of problems incorrectly . Typically it is the ignorance of first aid and, unfortunately, more often by human indifference. Therefore, I consider that the solution to the problem lies more in each of us than in the hands of lawmakers.

The main purpose of my thesis is to examine the case law made by the Czech courts related to environmental issues and to formulate general conclusion from the analyzed case law. My goal was also to prove whether the considered case law is contradictory, or not. I browsed many judicial collections, legal journals etc. and I paid attention to equal or not equal decision making in similar matters. My study concerns on the issues which are solved by the courts either contradictory, contrary to the past, in a new perspective or even surprising for its different reasoning in comparison to the doctrine. The thesis firstly deals with the role of the courts in the environmental protection, than it focuses on the basic issues of environmental law, in particular at the right on a healthy environment and the restraint of property right. A special part of the thesis is devoted to the administrative proceedings with a potential impact on the environment and the effectiveness of legal protection provided by the courts. Finally, the thesis deals with the judge made law related to the protection of nature and landscape as well as other spheres of environment. The judge made law in environmental issues is essentially uniform, but in certain question it is contradictory. There is a significant tension between the doctrine and...

In his thesis, the author thoroughly deals with the issue of the co called case positivism in the Czech penal courts decision practice, i.e. an issue that so far has not been paid attention to in the professional penal law literature. The case positivism can be defined as an unwelcome phenomenon, when during their decision the courts indiscriminately apply certain interpretation conclusions, to which, in connection to the decisions in specific cases, came the previous judicial practice, while these conclusion are effectively treated as legal norms, and, as such, they therefore have influence on the result of the court decision. In the first chapter, the author deals with the sources of the case positivism, notably with the prime source, which is the legal sentence of a judicial decision, i.e. the sentence that precedes the very text of the published decision, and which is to contain the basis of the legal problem dealt with in the decision. The second chapter is dedicated to individual specific examples from the decision practice of the Czech penal courts, and the explanation of the term decontextualization of the legal sentence. In the next chapter the reason why the case positivism is an unwelcome phenomenon in the practice is dealt with thoroughly. According to the author, inter alia, it is the...

Controversial Issues Surrounding Necessary Defense in Judicial Practice The purposes of this essay are to point out some of the controversial issues surrounding the legal institute of self-defense in Czech law (Czech law uses the term "necessary defense") and to analyze judicial practices that deal with those controversial issues. Moreover, this essay will explore the institute of self-defense in a broader context. This essay is composed of six chapters, each of which dealing with different aspects of self- defense. Chapter 1 consists of an introduction that sets the aims and purposes of this essay, as well as introduces the institute of self-defense as a fundamental element of any democratic society. Chapter 2 deals with self-defense as a sociological phenomenon. The chapter is subdivided into three subchapters. Subchapter 2.1 focuses on the importance of self-defense in society. Subchapter 2.2 analyzes the problems associated with an insufficient usage of the institute of self-defense. Lastly, Subchapter 2.3 focuses on issues of legal consciousness in matters of self-defense. Chapter 3 briefly introduces the historical development of self-defense. It is subdivided into two parts. Subchapter 3.1 focuses on the ancient roots of the institute of self-defense, and Subchapter 3.2 describes the...