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Zastoupení / RepresentationKřížová, Adéla January 2014 (has links)
REPRESENTATION The thesis is focused on the institute of representation in general. It provides an explanation of basic attributes of representation and it's resolution methods. Given the scope of the thesis it was not possible to cover discourse about all forms of representation and therefore it is mainly focused on direct representation in substantive law. The work is based on current regulation contained in Law No. 89/2012 Coll., The Civil Code and it highlights the most significant changes which has occurred since the date of effectiveness of this Code in regulation of representation. It also refers to consequences of these changes and contentious issues which arise with the application of individual provisions. This work deals with contractual and statutory representation including representation of an entrepreneur and representation of legal entities, briefly describes representation in family law. There is also an elaborated issue of guardianship that has been affected by significant changes. It refers to guardian council and guardianship of legal entities that are newly adjusted in Czech legal order. There is also included characterization of preliminary declaration, supported decision making, representation by the member of the household.
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Zastoupení / RepresentationKomárek, Tomáš January 2016 (has links)
Representation: This thesis on the topic of representation is focused generally on behalf of the Institute. It mainly deals with the rules contained in Civil Code, Act no. 89/2012 Coll. It desribes basic concepts and methods of resolution representation. Its interpretation focuses on the diferences between any forms of representation. In that case, it is not possible to write up the entire institution of the representation, which was one of the largest in the law. This work is therefore focused on the substantive representation, and especially on the conditions for the creation and termination of contractual representation and on guardianship and especially guardianship of individuals. The thesis contains also an outline of the historical development of the Institute's presence in our law, but again, considering the vastness of representation, it is not an exhaustive analysis, but merely mentioning the most significant sources. An element of this thesis is also an overview of the procedural representation in civil court proceedings. Adoption of the Civil Code Act no. 89/2012 Coll. had to institute represented a significant impact when to applicable law brought many new important sub-institutes, and greater clarity.
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Zastoupení / RepresentationČermáková, Nikola January 2014 (has links)
Representation The thesis on the representation is aimed generally on the institute of representation, basic concepts and resolution methods of representation. Given the scope of the thesis is not possible to cover discourse about all forms of representation and therefore is focused on substantive representation, whether contractual, statutory representation and other specific forms, especially human guardianship and guardianship of legal entities or representation of legal entities. In the thesis are included as information on the historical development of the Institute's the representation, especially since the general Civil Code and therefore early 19th century and comparison of current legislation contained in the Civil Code of 1964 and the new Civil Code, effective from 1 January 2014. Raised the major changes that will occur in the near future in the regulation of the representation, as well as outline the basic problems that this adjustment could bring in the practice of law. Is also pointed out to adjust representation in European law, konrkétně the Principles of European Contract Law and the Draft Common Frame of Reference.
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Zastoupení / RepresentationHorčičková, Anna January 2017 (has links)
1 Abstract Representation This thesis concerns the institute of the representation in effective legislation of civil law particularly in the Act no. 89/2012 Coll., Civil Code. This institute is very important for each person, no matter it's age or profession, because everybody in his live needs to use the representation. Not only have I focused in my thesis on the part of the Civil Code which is called representation, but also on the other parts that contain representation as well. My thesis is divided into nine chapters, in which I am dealing with representation based on the decision of the court as well as the contract or the law. At the beginning my thesis describes historical basis of representation and also short glimpse to the previous legislation. The next chapter deals with chosen types of the representation that are not regulated in the chapter III of the Civil Code, but I also consider them as really important and very useful in practice. The most of the thesis is focused on the part of the Civil Code that is named the representation. Firstly general provisions are described where I specially focus on the power of attorney, its form and necessary provisions. In the representation based on contract belongs also procuration, where I included its origin, its extent, form and termination. The thesis...
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Institut opatrovnické rady v občanském zákoníku / Juridical institute of the guardianship council in the Civil Code of the Czech republicBarejška, Tomáš January 2017 (has links)
Juridical institute of the guardianship council in the Civil Code of the Czech Republic The thesis deals with the legal regulations of guardianship council under of the new Czech Civil Code. The Czech legal system has not experienced the institute of guardianship council before, which brings an uncertainty into the interpretation of the respective provisions. The aim of this thesis is to analyse the most important provisions of the legal regulation, demonstrate impact of these provisions in practice, including eventual uncertainties and eventually to suggest a solution of the problematic parts of the regulation. Due to the author's personal membership of a guardianship council is the work enriched by the personal experience from a real existence of the guardianship council. Another part of the thesis is focused on the analysis of the French legislation and legislation of the Canadian province Québec. The Czech Civil Code explanatory report directly admits the inspiration in the above mentioned codices of France and Québec. Analysis and the consecutive comparison of the above mentioned legislation with the Czech one shall bring the interpretative basis for the application of the legal regulation of the guardianship council under of the Czech Civil Code. The main output of this thesis is to...
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Zastoupení / RepresentationJirásková, Alena January 2011 (has links)
The Master's degrese thesis analyse the institute representation in the civil materiál law. It characterises representation globally and tries to digestedly make general scheme which is made on the basis of the legal regulations and second bibliography. The representation in the civil material law could be resolve into the different subsets according to the various conditions. On of the possible ways of the dividing is direct and indirect representation. Indirect representation could be defined as acting of the representant in his own name on behalf of the represented person. Direct representation is acting of the representant in the name of the reperesented person and on its behalf. The rights and the duties come up directly for the represented person. The representation in the civil material law is divided into the contracting representation and the legal representation. The legal representation originated directly in the law or on the basis of the decision of the state power body. The example of the representation which results from the law is the representation of the underages because they do not have full legal status. The legal representation which is result of the decision of the state power body is called also tutelage. The tutelage is possible for he underage persons but also for the...
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Zastoupení / RepresentationNavrátilová, Lucie January 2012 (has links)
REPRESENTATION This theses focused on representation in term sof civil law, family law and business law. This issues is processed komplex and contains all the basic attributes of representation. Theses is based on current treatment of private law and it highlights the changes in new civil Code effective since january 2012. It evaluates legislation in comparison with future changes. It refers to mootness, uncertainties and inaccuracies contained in the current Civil Code. The work focuses on the representation in general and its different types based on the Civil Code. It also contains a modification in the representation of the Commercial Code, which focuses on representing corporate and procuration. The presentation draws on family law representation and guardianship of minors, guardianship.
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Opatrovnictví v České republice / Guardianship in the Czech RepublicDušková, Karina January 2017 (has links)
The diploma thesis deals with guardianship for people with mental illness. The tehoretical part is divided into six chapters, where the concept of mental disorder is defined within various documents. Furthermore the process of stigmatization, both from the family and the health care professionals, is also discussed here as self - esteem as a serious consequence of society's access to mental illness. The student also mentioned the process of providing psychiatric care, outlined the reform of psychatric care as a significant milestone in health care. A greta part of the theory consits od a complete description of a guardianship and self - administration. The last chapter focuses on social work with people with mental illnesss. The practical part aims to find out how the guardianship system for people with mental disorders works and how custodians loom at guardianship. The student used qualitative surveys ans semi - structured interviews. Using open encoding , several categories were identified and then responded to the main research question.
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Náhradní péče o dítě v České republice / Substitute family care in the Czech RepublicTrnková, Lucie January 2017 (has links)
This dissertation is concerned with the issues surrounding substitute family care in the Czech Republic and presents an analysis of its legal regulation as set out in both private law and public law regulations. The term substitute family care encompasses several independent legal institutions, which together form a system serving to protect children at risk who cannot grow up in their own family. The system of substitute care is divided into family-type individual care on the one hand and collective care provided in institutional facilities on the other. This dissertation examines the historical development of forms of substitute care, analyses their current legal regulation, including procedural regulation, and evaluates the interconnectedness and mutual harmoniousness of individual legal regulations. It analyses the inner workings of the substitute care system and delineates the rights and obligations of entities which enter into it in various capacities, with an emphasis on how the fulfilment of the rights of a minor is enforced and how their best interest is considered. Given the subject matter, the topic of the dissertation is approached in an interdisciplinary fashion, for the interdisciplinary cooperation of individual persons acting on behalf of the state in the legal relations of...
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Právní aspekty postavení obce v roli veřejného opatrovníka / Legal aspects of the position of the municipality in the role of a public guardianKAŠPÁRKOVÁ, Lucie January 2019 (has links)
The aim of the thesis is to analyse legal aspects of the position of the municipality in the role of a public guardian and on a practical example introduce the issue of establishing a municipality as a public guardian. Furthermore, using a quantitative survey to find a possible alternative of a financing public guardianship, which would be positively accepted by municipalities. The issue of public guardianship is currently becoming a much debated topic not only because of the lack of legislation governing the institute of public guardianship, but also because the financing of this agenda towards municipalities acting as public guardian is insufficient and unsatisfactory for municipalities.
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