Contractual acquisition of ownership of movable things: comparison of Czech and German legal regulation The aim of this thesis is to introduce and compare three main approaches towards acquisition of ownership of movable things, which are currently present on the European continent. For this purpose, three different civil codes are outlined, whereas each of them represents one possible approach. The question, which of these systems works the best, has already been thoroughly discussed at the European level. However, the Czech civil code of 2012 has decided not to follow the conclusion of these discussions and opted for a different approach. Since the Czech lawmaker does not provide a duly reasoned explanation as to why he has decided to adopt a different rule, this thesis aims to take a closer look at the reasons, which might have played a decisive role. The topic of this thesis is divided into the four parts. Chapter one is introductory and its purpose is especially to set out the essential terminology such as thing, ownership or acquisition thereof. Chapter two outlines the respective approaches towards acquisition of ownership of movable things. This chapter stepwise presents German Civil code, Czech Civil code of 1964 and Czech Civil code of 2012. Chapter three deals with the idea of...

Presented diploma thesis discusses private law treatment of transfer and property ownership. The thesis is divided into several chapters corresponding to the legal issues of property ownership and transfer with a special focus on apartments and commercial space. Legal standards related to real estate are very numerous and extensive. Therefore I chose only legal aspects that are relevant to the theme of the thesis. In the introduction I characterize the most important legal concepts of real estate law, using the case law of The Supreme Court in the Czech Republic such as ownership rights, real estate, land, building, residential and commercial space, law accessories, and other things. The second part of my diploma thesis is composed of topics concerning the institute of property ownership, creation and content of the ownership rights with a special focus on residential and commercial premises including the issue of flats in housing co-operatives. The third part of this thesis is dedicated to the transfer of the real estates based on purchase and donation contract. The following chapter I deal with the ownership transfer of residential and commercial premises as units in the house. I focus particularly on the attributes of transfer contracts at the consequences of these transfers to the property...

Unit owners association as a subject of law (A comparative study of the new civil code bill) The purpose of my thesis is to analyse current legislation regarding apartment ownership which incorporates provisions regarding unit owners associations and compare it with the new Civil Code bill which will incorporate these provisions in the future. The methodology is primarily critical analysis. I explain the main problem by way of practical examples. The reason for choosing this subject of research is its topicality and the large numbers of people who live in apartments in the Czech Republic who are required to be members of unit owners associations. The thesis is composed of six chapters, five of which deal with various elements of the provisions regarding unit owner associations. Following these chapters, I look at the new Civil Code bill. The final chapter describes some provisions which apply outside the Czech Republic. Chapter One explains the legal status of unit owners associations as a legal entity and their characteristics. The chapter is subdivided into three main parts. Part One deals with the extent of the association's legal capacity. Part Two describes who represents the association and Part Three concerns the register of unit owners associations. Chapter Two describes the creation and...

The topic of this thesis is a comparison of current legal regulation of property sale and its future modification, according to the wording of the new Civil Code. In the individual chapters are respectively described the most crucial aspects of this area in a perspective of current Civil code and the wording of the proposal, including evaluation of potential impacts of the changes to law practice. At the beginning of this work are definitions of main terms of property law, especially definition of the property itself, as it is being subject to quite essential changes in the new Civil Code. Single chapter deals with the rule "superficies solo cedit," which is intended to be renewed. Apart from the short summary of origin and development of this principle, this passage focuses primarily on the reasons, which led our legislatives to abandon this rule in 1950's and subsequently identifies reasons for its present reinstallation. There is description of the process of property sale in the following chapters. It consists of two separate parts, a property law and obligation law aspects. The key issue of the property law part is the role of the Land registry. The ownership of the transferee must be registered there in order to successfully complete the transfer. The new regulation brings several changes in...

The main purpose of the thesis is a specification of so called COMPUTER or so called CYBERNETIC CRIMINALITY. The term itself could be defined in a restricted as well as in an extensive way. This thesis attempts to achieve a medium definition reflecting both these extremes. The thesis is divided into five chapters. Each chapter describes particular group of wrongful conducts. The crucial criteria for cathegorizing are similar features common to all these types of wrongful conduct. Each wrongful conduct is characterized by a detailed description of particular offense, its standard course and its legal assessment in accordance with the Criminal Act No. 40/2009 Collection of Laws, as amended by furher legislation. The first chapter deals with offences against computers and computer systems - in other words, offences against the data stored within the system or transmitted inside them. It mainly focuses on unauthorized and illegal interventions into data integrity, unauthorized and illegal penetrations into computer systems and attempts to restrict the availability of computer systems for particular time periods. The second chapter deals with fraudulent behaviour in the cyberspace which aims at bringing about damage to their victims and attempts to enrich on their credit. Each subchapter thoroughly...

IN ENGLISH The purpose of my thesis is to analyze phenomenon called software piracy. The thesis is composed of seven chapters, each of them dealing with different aspects of issues related to the software piracy. Chapter One is introductory and defines term software. Chapter Two examines the software piracy. The chapter consists of seven parts. Part One focuses on basic definition. Part Two investigates software piracy in cyberspace. Part Three defines individual categories of software piracy and the reasons for them. Part Four explains and describes illegal software and illegal use of software. Part Five deals with restrictions on extent of rights of author to his software related to the legal license. Part Six is focused on sociocultural aspects of software piracy and impact of these aspects on the effectiveness of legal regulation. Last Part of this Chapter is dedicated to the public research on questions relevant to the software piracy. Chapter Three is subdivided into six parts and provides an outline of relevant legal regulations for protection of software. Part One contains basic demarcation. Next Parts are dealing with the protection of software with the relevant provisions of administrative law, business law and criminal law. Finally, it is also discussed on the patentability of software....

In the past two decades, significant changes have been shaping and transforming the banking sectors worldwide. Among these trends we find an intensive surge in foreign bank ownership which is especially remarkable in the countries of the Central, Eastern and South-Eastern European region. Using the sample of 17 countries and filtering out more than 140 domestically-operating foreign-owned banks, we examine the determinants of their performance in relation to host country conditions and home country banking sector performance over the period of seven years between 2005 and 2011. Due to the topic's currency, we additionally provide an insight into the link between sovereign debt and bank ownership. By means of system GMM model, or fixed effects model, we reveal that macroeconomic fundamentals of the host country affect the foreign-owned banks' performance but do not suffice in explaining it fully. Moreover, the depth of the current crisis as demonstrated in the home country impacts negatively on the host-country-operating foreign-owned banks. We did not find any convincing evidence of the host sovereign debt and bank ownership nature of relationship.

The main objective of the thesis with the topic "Ownership of land and its transfer from the perspective of tax legislation" is to describe the essential forms of ownership of land and its transfers from the view of different legal branches, with respect to financial lawfrom the perspective of property taxes and with respect to civil law from the perspective of ownership and transfers of real estates. The thesis overviews tax responsibilities relating to ownership and land transfers in the Czech Republic and it also explains general notions relating to this matter. The thesis is divided into five chapters. The first chapter defines basic notions. The second chapter describes and overviews forms of transfers of real estates and the respective taxes imposed. The third chapter is the crucial one with respect to the whole thesis. In this part I deal with the individual taxes applied to the ownership and transfers of real estates. The fourth chapter describes the differences between the notions tax resident and tax non-resident and points out the discrepancies between them. Finally, the last chapter assesses the taxes mentioned in this thesis and points out the current inconveniences connected therewith and the possible solutions.

The land are for society irreplaceable and limited estate. For this reason legal order requires planty of requests for their conveyancing, which consist two phases. In the first phase is concluded the assignment of real estate contract, for which are required tightened formal and contentual elements. Second phase take place in Land Register, alternatively in Regional Court and consist in the record of property rights in the Land Register. During the process of transfer of title to land collide the law of obligations with propriety rights, just as private with public law, which produce plenty of specific charactersitics for this process.

The graduation thesis surveys present treatment of intellectual property rights and their protection in WTO. The thesis briefly characterizes WTO and describes the development of protection of intellectual property before the TRIPS agreement was concluded. Furthermore, the thesis focuses on the TRIPS agreement in detail because it is the most important instrument of protection of intellectual property rights at present. The thesis critically evaluates the regulation of particular legal institutes in TRIPS agreement and describes disputes of WTO member states in the relevant field. At the end of the thesis there is an outline of means for execution of the rights, present problems in the particular field and possible future development of the regulation.