The purpose of this master's degree thesis is to analyze a fundamental area of Civil Law - the consequences of defects in legal acts. The reason for this research is that this area of law is of great importance mainly but not limited to the contractual obligations and the numerous changes introduced by the new statute, the Act No. 89/2012 Coll., The Civil Code, gave rise to a large number of potential issues. The main objective is to provide a general overview of legal consequences of defective legal acts in order to better understand the context and the development in this area. The differences between particular consequences are appropriately highlighted and, where relevant, the paper provides comparison with the former legislation and points out the significant case law. The paper is composed of the Introduction, three Chapters and the Conclusion. Chapter One is introductory and defines the concept of "legal acts" and its essentials. In addition, a notion of defects in legal acts is presented. Chapter Two is an analysis of the various consequences of defects in legal acts. It is subdivided into four parts. Part One describes the new concept of non-existence in detail and the most disputable areas are discussed. It is argued that the concept of non- existence, although theoretically sound, does...

Invalidity of Legal Acts in Civil Law The purpose of this thesis is to analyse comprehensively the institute of invalidity of legal acts, as the most common consequence of defects of legal acts. The invalidity is one of the most important institutes of private law, because the whole society has always needed to act legally and also to rely on the validity of their legal acts. It is necessary to define essential elements of legal acts and the consequences of non compliance with them. This thesis, which is divided into five chapters, deals with the essential elements of legal acts, the defects of legal acts and most importantly the consequences of these defects which is the nullity and mainly the invalidity and voidability of legal acts. First chapter is introductory and describes the evolution of legislation of civil law in Czech Republic because it has came through many significant changes including the field of invalidity of legal acts. Particularly the Act No. 89/2012 Coll., Civil Code, has brought many positive changes this year. Second chapter is divided into three subchapters. It briefly describes the legal facts and it focuses mainly to legal acting as the most important legal fact. It explains the term and the substance of legal acts, names the essential elements of legal acts and the...

The aim of my thesis is to describe and to compare individual aspects of invalid and putative marriage in the Czech Republic and the Netherlands and to analyse the reasons which lead to existence of these marriages. The reason for which I have chosen this topic is the fact that marriage is one of the most important legal institutions of family law and since the commencement of the new statute 89/2012 Sb., some requirements for marriage have been changed. The Dutch law is based on very similar principles as the Czech law, but the application of these principles is different in many ways. The thesis is composed of six chapters, the introduction and the conclusion. The first chapter of my thesis characterizes marriage as a legal institution in terms of its concept, purpose and function. It also compares marriage to other forms of living arrangements that are possible in the Czech Republic. The second chapter focuses on formation of marriage, the possible forms of entering into marriage, and analyses the conditions that must be met in the marriage to be valid, including special requirements for entering into marriage in unusual situations. The next chapter characterizes the legal consequences of marriage defects depending on their severity. The fourth chapter deals with invalid marriage and divides...

Matrimonial property and obligations of the spouse This thesis analyses regulation of matrimonial property with an emphasis on its administration, scope and settlement. The main focus of this thesis is to analyse actual statutory regulation in context of actual case law of Czech Supreme Court, with special focus on institute of invalidity of juridical act, disputes in matters of administration and scope of matrimonial property as well as on intertemporality issue in matrimonial property law. Subject of this thesis is related to current development of Czech Supreme Court case law. Aside from introduction and conclusion, the thesis consists of five main chapters. In second chapter, the term and concept of matrimonial property in context of current statutory regulation and regulation of Civil Code 40/1964. Coll. is defined. Third chapter analyses matrimonial property regimes - statutory regime, contractual regime and regime established by a court decision with focus on detailed specification of scope in the statutory regime, with legislative proposal de lege ferenda. Final part of this chapter gives attention to disputes about the scope of matrimonial property with focus on immovables. Central as well as the most comprehensive part of the thesis is in the fourth chapter - administration of matrimonial...

Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...

The topic "Invalidity of Legal Acts in the Czech Law in Comparison with the Law of Germany" has been chosen because of its importance in the system of the Czech Civil Law. Invalidity of legal acts concerns every subject and object of legal relationships. Nowadays this topic is also very actual due to the recodification of Civil Law which brings fundamental changes. Comparison with German legislation is very contributive thanks to its consistency during 20th century that is in contrast with inconsistency of Czech legislation caused by political changes (especially by 40 years of communism in the territory of the Czech Republic). The thesis is divided into six chapters and each chapter contains three parts. The first part deals with the old regulation under the Act No. 40/1964 Coll., the second one the new regulation under the Act. No. 89/2012 Coll. and finally the third one discusses the German regulation under the German Civil Code. The first two chapters are designed to provide an overview of mainly theoretical resources. The first chapter concerns with legal acts as the most important legal facts and their concepts. Requirements of legal acts, terminological and conceptual changes under New Civil Code and furthermore concept under the German law are described here. The second chapter deals with...

1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...

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.

The title of this master thesis is "Formation, incorporation and invalidity of business company". The study is based on the Czech law contained mainly in the Commercial Code. The first part of the thesis describes the entire constitution process of a new business company. The second part focuses on issues related to invalidity of a business company. The Czech Commercial Code distinguishes six forms of business companies - general commercial partnership (unlimited partnership), limited partnership company, limited liability company, joint-stock company, European company and European economic interest grouping. Constitution process of a new business company can be divided into two phases - establishment of a business company and creation of a business company. Each of these phases contains specific issues that are analysed in particular chapters of the study. The thesis is composed of seven chapters. Chapter One provides general characteristics of a business company including its legal regulation. Chapter Two deals with establishment of a business company. It describes business company's founder and focuses on issues related to the founder's deed including its substantial requirements. Chapter Three examines legal position of a business company prior to its creation. It addresses issues related to...

72 Invalidity of a resolution of the General Meeting Summary This thesis focuses on the issue of invalidity of a resolution of the General Meeting in terms of the current legislation contained in the Commercial Code (Act No. 513/1991 Coll.). Extensive space is devoted to its application in decision-making practice of the courts, especially the Supreme Court of the Czech Republic. The work is divided into 11 basic chapters. Chapter One and Two are devoted to a general description of the General Meeting as the supreme authority of the capital commercial companies and analyze the manner of decision-making. Significant space is devoted to the legal nature of the resolutions of the General Meeting, where the work confronts the various currents of opinion among professionals themselves and with the decisions of the Supreme Court of the Czech Republic. Chapter Three contains the reasons for invalidity of a resolution described with a more detailed analysis of defects, in the presence of which can be the validity of the resolution called into question. Chapter Four is devoted to nullity, as the specific case of the invalidity of the resolutions of the General Meeting, which has resulted in a breakthrough to the limits laid down in § 131, respectively § 183 of the Commercial Code. Chapter Five deals with conditions,...