Theory and Practice of Legal Protection of Personality Rights Legal protection of personality rights is a specific and important issue, which allows every human being to enjoy his or her personality rights without any interventions. This kind of protection is grounded on the obligation of the society as a whole to respect human dignity and the inviolability of personality of every individual. Based on findings contained in my diploma thesis, the Czech legislation pays considerable attention to the protection of personality rights especially in the provisions of the Civil Code and the Charter of Fundamental Rights and Freedoms, both providing legal guarantees for defending oneself against illegally attacked parts of human personality. This kind of legal protection is supported by the effectiveness of the new Civil Code; unlike the previous Civil Code, it expands the number of provisions protecting human personality rights. My diploma thesis clearly suggests that the Czech legal regulation offers to injured individuals different possibilities of claiming their personality rights, for example, how to seek protection of already violated rights, which should be evaluated positively. However, it should be noted that legal practitioners must do their best to make efficient the means for remedying violated...

The goal of this thesis is to evaluate and analyse legislation of membership rights and responsibilities transfer in cooperatives in Czech Republic. The legislation of this institution is quite austere and ambiguous leading to various problems in practice. This thesis is divided into five parts. The first part defines main sources of legislation on which current cooperatives are based on. The second part defines basic concepts of cooperative law, e.g. a cooperative, membership, membership share, membership rights and responsibilities and their relations. This part presents cooperative principles and outlines basic structure of each type of cooperative. The third one is the main part of the thesis and deals with legislation of membership rights transfer and responsibilities in general. It contains analysis of the specifics of membership rights and responsibilities among cooperative members and transfer between a cooperative member and a third person - a non-member. In addition, peculiarities of membership transfer in housing cooperatives are discussed. The next chapters focus in detail on legislation applied to the rights and responsibilities agreement, its content formalities, characteristics of the parties, issues of (non)corruption and its form. The fourth part contains a detailed explanation of...

in English The First Amendment to the United States Constitution and the development of its interpretation The aim of the paper is to analyze the First Amendment to the United States Constitution. The main reason for my research is my long-term personal interests in the fields of law which are covered by the First Amendment. The thesis is composed of an introduction, six chapters and a conclusion. The study begins with the introduction where it is discussed methodology, my motives for choosing this topic, importance of the topic and potential contribution of this thesis to the Czech legal science. Chapter One examines historical roots of the First Amendment's rights and freedoms. It focuses on their development both in the England and in its American colonies. It tries to find main tendencies contributing to reasons for adopting rights and freedoms embodied in the First Amendment. Chapter Two concentrates on the main political and legal events involving adopting the First Amendment, and then it attempts to find a proper interpretation of the First Amendment using both historical and teleological approach. The second chapter also discusses the scope of the First Amendment. The chapter ends with the examination how external factors (such as legal philosophy or politics) influenced the decision making...

This thesis deals with the legal status of persons serving prison from the perspective of selected areas of their fundamental rights. Analyzed areas include the right to protection from torture, cruel, inhuman or degrading treatment, the right to protection of health and to free medical care, the right to be protected from any unauthorized intrusion into one's private and family life and the right to participate in the administration of public affairs through active and passive voting rights. The theory includes institutional guarantees ensuring compliance with these rights and the relevant recommendations of international organizations. Practically oriented casuistic section of the thesis is based on the direct experience gained during authoress' internship at the Czech Helsinki Committee, non- governmental human rights organization based in Prague since 1988.

IN ENGLISH Trade mark law and the issues of parallel imports under Czech law The purpose of the thesis is to analyze the trade mark law and the issues of parallel imports under Czech law. The thesis describes the present situation in the Czech Republic, points out the influence of the European Union and considers the impact of the current regulation of parallel imports concerning trademarked goods. The paper also focuses on the court decisions of the Court of Justice of the European Union which have great effect on the law effective in the Czech Republic. The reason for my research is the ongoing international discussion on that topic and the necessity to find balance among contrary interests of trademark owners, parallel importers and consumers. The aim of the thesis is presented at the beginning. The next chapter of the thesis is introductory and defines basic terminology in general. The third chapter looks at the Czech legislation connected to the topic and highlights its connection to the European law. The next section analyzes the law of the European Union and is subdivided into three parts. The first part outlines the historical context and sets out the basic facts. The next part is concerned with a leading principle used in the European Union - the principle of community exhaustion. The last...

1 H. Summary The Users' Rights in the Information Society Dissertation thesis "The Users' Rights in the Information Society" focuses on the copyright exceptions and limitations (hereinafter referred to as copyright limitations) as an area which, in addition to the licensed use, affects users of copyrighted works in the most direct way. The term "users" is understood in the concept of this work, in accordance with foreign and Czech scientific literature, in a broad sense, covering also consumers of copyrighted works or users of digital content on the Internet. In the context of copyright limitations users are allowed to use copyrighted works on a non-contractual basis, without the consent of the author, either for free or in the form of a paid statutory license. Copyright limitations include a wide range of uses reaching from the quotations through the use for a private purpose to the so-called news reporting and governmental statutory limitations. The concept of users' rights (despite - as seen from a certain angle - its actual existence) has not been so far defined in the legal literature in a consistent manner. However it attracts an exceptional academic attention for its conceptual and strategic importance. The concept of users' rights represents - rather than a framework of real subjective rights - a...

The main objective of this thesis is to define the rights of performer as complexly as possible and to describe the tools of their legal protection in general and in more detail to describe the tools of their legal protection in the realm of internet and social media. The topic of this thesis is systematically divided into six chapters, which are further subdivided into subchapters. The first chapter provides an overview of formal sources of law regulating the rights of performers and affecting the Internet and social media. The second chapter provides a general characteristic of copyright and rights of performers. This chapter also places these rights into the context of intellectual property law and defines the term intangible asset. In the third chapter, attention is paid to defining the concepts of the author's work, artistic performance and the difference between them, including differences between the author and the performer. The fourth chapter deals with the rights of the performer. It deals with their nature, conditions of origin and extinction and contains their comprehensive list. Part of this chapter is a subchapter on collective management or license agreement. The fifth chapter defines the concepts of the Internet and the social media. Attention is also paid to the definition of...

My diploma thesis deals with the issue of owner occupied housing in the Czech Republic. Attention is paid to the general importance of the provision of housing with emphasis on the social, economic and especially the legal aspects with respect to the rights that are granted by the Constitution and the Bill of Rights. It describes in brief the development of flat ownership since the 60's and the role of the state in the housing policy, particularly with the aim to bring attention to the existing legal regulation of this area -- the Flat Ownership Act. The main part of the thesis focuses on the legal regulation of flat ownership which draws on the dualistic concept of house co-ownership and the related ownership of a housing unit (apartment or non-residential area). Emphasis is put on the legal status of flat owners, the summary of rights and obligations that arise from ownership of a flat as a specific subject of property ownership. The ways in which flat ownership rights are formed are presented with regard to the consequences of the ownership rights being entered in the Land Registry. The creation, operation and the position of a Home Owners Association, a body corporate, which is established by law to manage dwelling houses, is presented particularly in relation to a specific flat owner. In this respect, as well as in other sections, the thesis follows the practice of the Constitutional Court and the Supreme Court that has considerable effect on the interpretation of law and the protection of rights and obligations pertaining to particular owners in exercising their property rights.

The objective of the master's thesis called 'Photograph as the copyright and copyright protection of photographer' is to describe the basic foundations and characteristics of the current regulation of copyright work, specifically of photography. The Czech legal system do not contain a complex regulation of photography; therefore, the thesis deals with the individual aspects of copyright law related to the characterisation of photographs as a copyright work, the rights of photographers or their rights related to the protection of their copyright. The thesis is based primarily on copyright law commentaries, copyright regulation on the Czech, international and European level and on the decisions of both Czech and foreign courts due to rapid development of copyright law in the information society and the inflexibility of the current legislation. Due to the author's interest in photography, the thesis is enriched with personal observations from her own experience with photography. The thesis is divided into seven chapters. The first deals with the general description of copyright, its principles, basic concepts and the moment of copyright formation. Chapter two focuses on photography and discusses the subject of copyright protection. Chapter three deals with authorship of photography, defines under...

The topic of this diploma thesis is European Commission for Democracy through Law, i.e. Venice Commission, and its work. The Venice Commission is an advisory body on constitutional matters of the Council of Europe. The Commission provides legal advice to its member states in the fields of democracy, human rights and the rule of law. The goal of this thesis is to determine whether Venice Commission's human rights agenda makes a substantial contribution to the human rights protection and if it does, then in what ways, i.e. what means it uses and to what extent are they effective. This diploma thesis is divided into seven parts, which are then further subdivided into chapters. In Part 1, the Venice Commission is introduced - with an emphasis on its structure and members. The following part continues to describe the different types of Venice Commission's activities and authored documents. In these documents, the Venice Commission provides states with legal advice on how to unify their legislation with the European standards of human rights protection. Part 3 records the 30-year development of this international body. In the next parts, the work focuses on the Venice Commission's activity in Europe and other regions. The text analyzes which systems of human rights protection are deployed in different...