Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.15
Jan Hurdík
The paper deals with the position of consumer protection rights as a part of both the system of private law and the systematic legal regulation in civil code from the point of view of the solution to this situation in Czech private law, which is confronted with the process of integration of consumer protection law into the frame of social model of private law.
{"title":"Právo ochrany spotřebitele v systému soukromého práva","authors":"Jan Hurdík","doi":"10.14712/23366478.2022.15","DOIUrl":"https://doi.org/10.14712/23366478.2022.15","url":null,"abstract":"The paper deals with the position of consumer protection rights as a part of both the system of private law and the systematic legal regulation in civil code from the point of view of the solution to this situation in Czech private law, which is confronted with the process of integration of consumer protection law into the frame of social model of private law.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44893731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.13
Tomáš Holčapek, P. Šustek
The article discusses the meaning and effect of section 13 of the Civil Code, which may arguably concern unity in judicial (and other) decisions and the need of explanation for a divergence from “precedent”. It contends that this provision does not per se create any obligation to follow previous decisions, but merely to explain why the court in a later case came to a different conclusion. If a “precedent” is neither a judgment (“nález”) of the Constitutional Court nor a specially published decision of another high-level court, it is up to the parties in the proceedings to draw the court’s attention to it. Otherwise they cannot legitimately expect the court to expressly discuss such prior decision.
{"title":"Očekávání jednoty v soudním rozhodování? K § 13 občanského zákoníku","authors":"Tomáš Holčapek, P. Šustek","doi":"10.14712/23366478.2022.13","DOIUrl":"https://doi.org/10.14712/23366478.2022.13","url":null,"abstract":"The article discusses the meaning and effect of section 13 of the Civil Code, which may arguably concern unity in judicial (and other) decisions and the need of explanation for a divergence from “precedent”. It contends that this provision does not per se create any obligation to follow previous decisions, but merely to explain why the court in a later case came to a different conclusion. If a “precedent” is neither a judgment (“nález”) of the Constitutional Court nor a specially published decision of another high-level court, it is up to the parties in the proceedings to draw the court’s attention to it. Otherwise they cannot legitimately expect the court to expressly discuss such prior decision.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44389554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.18
Jindřich Psutka
Matrimonial property is a traditional part of the broader regulation of matrimonial property law. This is a specific case of a joint community of property, which can only arise during the marriage and only between spouses. Judicial interpretation has a key role long in the interpretation of this important institute. The adoption of the Civil Code No. 89/2012 Sb. did not change anything. It can be stated almost ten years after its adoption that the decision-making practice largely adheres to its long-term interpretation. Even today are the conclusions of the judicial decision relating to the regulation in force until 1 January 2014 are still largely applicable. However, this general trend also includes a number of relatively substantial exceptions.
{"title":"Společné jmění manželů v judikatorní retrospektivě – aneb stručný příspěvek k problematice kontinuity dřívější rozhodovací praxe v poměrech stávají úpravy","authors":"Jindřich Psutka","doi":"10.14712/23366478.2022.18","DOIUrl":"https://doi.org/10.14712/23366478.2022.18","url":null,"abstract":"Matrimonial property is a traditional part of the broader regulation of matrimonial property law. This is a specific case of a joint community of property, which can only arise during the marriage and only between spouses. Judicial interpretation has a key role long in the interpretation of this important institute. The adoption of the Civil Code No. 89/2012 Sb. did not change anything. It can be stated almost ten years after its adoption that the decision-making practice largely adheres to its long-term interpretation. Even today are the conclusions of the judicial decision relating to the regulation in force until 1 January 2014 are still largely applicable. However, this general trend also includes a number of relatively substantial exceptions.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41419518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.16
Petr Smolík
The paper deals with the new regulation of the relative ineffectiveness of legal acts in the Civil Code and compares it with the special regulation of the ineffectiveness of legal acts of the debtor in the Insolvency Act, which was adopted several years earlier. The basis of the treatise is the substantive legal regulation of the institute, but due to its nature, the procedural aspects – the so-called voidability – cannot be separated from the substantive aspects. The interpretation therefore focuses on the procedure of creditors towards the debtor or third parties when applying relative ineffectiveness and focuses on avoidance actions (both general and special), which are the basic instrument of the legal protection of creditors. With regard to the above-mentioned double regulation there are also problems in practice when both variants occur concurrently. A specific problem is also represented by the clash of the relative ineffectiveness of a legal act with its invalidity and its resolution especially in the area of insolvency law.
{"title":"Odporovatelnost právních jednání zkracujících věřitele dle občanského zákoníku a insolvenčního zákona – procesní aspekty","authors":"Petr Smolík","doi":"10.14712/23366478.2022.16","DOIUrl":"https://doi.org/10.14712/23366478.2022.16","url":null,"abstract":"The paper deals with the new regulation of the relative ineffectiveness of legal acts in the Civil Code and compares it with the special regulation of the ineffectiveness of legal acts of the debtor in the Insolvency Act, which was adopted several years earlier. The basis of the treatise is the substantive legal regulation of the institute, but due to its nature, the procedural aspects – the so-called voidability – cannot be separated from the substantive aspects. The interpretation therefore focuses on the procedure of creditors towards the debtor or third parties when applying relative ineffectiveness and focuses on avoidance actions (both general and special), which are the basic instrument of the legal protection of creditors. With regard to the above-mentioned double regulation there are also problems in practice when both variants occur concurrently. A specific problem is also represented by the clash of the relative ineffectiveness of a legal act with its invalidity and its resolution especially in the area of insolvency law.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48921246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.21
Alena Macková, Tomáš Střeleček
The article deals with selected theoretical and empirical aspects of inheritance law after enactment of Act No. 89/2012 Sb., Civil Code and new aspects of inheritance proceedings brought about to the proceedings due to Act No. 89/2012 Sb., Civil Code. These new aspects culminate in questions of reflection of authonomy of freewill in succession law in inheritance proceedings, and the respect of the freewill of the deceased in this proceedings, transition of debts to successors from the deceased and litigation of succession.
{"title":"Dědické právo po přijetí občanského zákoníku a reflexe vybraných nových aspektů dědického práva v řízení o pozůstalosti","authors":"Alena Macková, Tomáš Střeleček","doi":"10.14712/23366478.2022.21","DOIUrl":"https://doi.org/10.14712/23366478.2022.21","url":null,"abstract":"The article deals with selected theoretical and empirical aspects of inheritance law after enactment of Act No. 89/2012 Sb., Civil Code and new aspects of inheritance proceedings brought about to the proceedings due to Act No. 89/2012 Sb., Civil Code. These new aspects culminate in questions of reflection of authonomy of freewill in succession law in inheritance proceedings, and the respect of the freewill of the deceased in this proceedings, transition of debts to successors from the deceased and litigation of succession.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42081721","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.19
Michaela Zuklínová
The administration of the child’s assets and debts as a part of parental responsibility is one of the important duties and rights of parents, as well as the duty and the right of the legal representation of the child. This article is trying to compare the original legal text of the relevant law, i.e., the article 898 of the Czech Civil Code (at the time of the codification of the Civil Code) and new legal text (when law No. 192/2021 has novelized the provision in question). The problem/question in the protection of the property rights of a child is researched above all. Several legal acts of parents (as the legal guardians of a child) need the court’s approval. According to the original law, a parent’s legal act without the court’s approval has been refused. Is it was watched as a legal nothing (putative act or no-act). In the view of constitutional law, this way of protecting a child was the maximum possible choice. But the new law has diminished the protection to the minimum, because now such imperfect parent’s legal act may be declared invalid by a court only if the child (or another person) invokes the invalidity (voidable act), and – above all – if the legal act has no harmful consequence for the child, a court does not have to declare the invalidity of such legal act at all.
{"title":"Právní jednání rodiče při správě jmění dítěte aneb jak otočit podstatu a účel zákona o 180°","authors":"Michaela Zuklínová","doi":"10.14712/23366478.2022.19","DOIUrl":"https://doi.org/10.14712/23366478.2022.19","url":null,"abstract":"The administration of the child’s assets and debts as a part of parental responsibility is one of the important duties and rights of parents, as well as the duty and the right of the legal representation of the child. This article is trying to compare the original legal text of the relevant law, i.e., the article 898 of the Czech Civil Code (at the time of the codification of the Civil Code) and new legal text (when law No. 192/2021 has novelized the provision in question). The problem/question in the protection of the property rights of a child is researched above all. Several legal acts of parents (as the legal guardians of a child) need the court’s approval. According to the original law, a parent’s legal act without the court’s approval has been refused. Is it was watched as a legal nothing (putative act or no-act). In the view of constitutional law, this way of protecting a child was the maximum possible choice. But the new law has diminished the protection to the minimum, because now such imperfect parent’s legal act may be declared invalid by a court only if the child (or another person) invokes the invalidity (voidable act), and – above all – if the legal act has no harmful consequence for the child, a court does not have to declare the invalidity of such legal act at all.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47106332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.17
Renáta Šínová
The content of this article corresponds to its name. The “new” Civil Code was in the Czech Republic published in 2012 and the article brings a summary of the most significant changes the new legal regulation brought to the field of family law. The article, specifically, deals with the practical realization of section no 688 of the Civil Code which lays down to a spouse a duty to inform his or her spouse about his/her property and income, as well as with the possibility to use the community property of spouses to achieve a payment of a debt of one spouse by the judicial enforcement. Finally, the article reminds the reader of the new regulation of change of child’s habitual residence.
{"title":"Vybrané instituty rodinného práva po 10 letech platnosti nového občanského zákoníku","authors":"Renáta Šínová","doi":"10.14712/23366478.2022.17","DOIUrl":"https://doi.org/10.14712/23366478.2022.17","url":null,"abstract":"The content of this article corresponds to its name. The “new” Civil Code was in the Czech Republic published in 2012 and the article brings a summary of the most significant changes the new legal regulation brought to the field of family law. The article, specifically, deals with the practical realization of section no 688 of the Civil Code which lays down to a spouse a duty to inform his or her spouse about his/her property and income, as well as with the possibility to use the community property of spouses to achieve a payment of a debt of one spouse by the judicial enforcement. Finally, the article reminds the reader of the new regulation of change of child’s habitual residence.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44399464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.14
Dita Frintová, Ondřej Frinta
The article focuses on the concept of legal capacity in the current Civil Code. Legal capacity, or better said, its extent, is determined by the degree of the mental and voluntary level of advancement of mankind. Following this, the authors question whether a legal person can also be legally capacitated in this sense if it is not endowed with its own reason and will. However, the legal regulation of autonomy has already changed during the first ten years existence of the Civil Code. The authors acquaint the reader with these changes in chronological order.
{"title":"Svéprávnost v občanském zákoníku a její recentní vývoj","authors":"Dita Frintová, Ondřej Frinta","doi":"10.14712/23366478.2022.14","DOIUrl":"https://doi.org/10.14712/23366478.2022.14","url":null,"abstract":"The article focuses on the concept of legal capacity in the current Civil Code. Legal capacity, or better said, its extent, is determined by the degree of the mental and voluntary level of advancement of mankind. Following this, the authors question whether a legal person can also\u0000be legally capacitated in this sense if it is not endowed with its own reason and will. However, the legal regulation of autonomy has already changed during the first ten years existence of the Civil Code. The authors acquaint the reader with these changes in chronological order.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":"1 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41297671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.25
Peter Vojčík
The Civil Code in the Czech Republic unified the legal regulation of contract law and removed dualism in this regulation. A work contract is a contract type in which intangible items are also the result of it. The Civil Code of the Czech Republic also enshrines special provisions for an intangible work. It points out the different types of intangible items that can be created or used in connection with a work contract. The author discusses the enacted legislation and points out other provisions that need to be applied to work contracts with intangible result. It analyzes the legal regime of contracts which result in copyrighted works, while also pointing out the copyright regulation of employee works, and separately analyzes work contracts whose subject matter is protected by industrial property law. It also points out the liability of the contractor towards the customer, regarding the delivered work as an intangible result, if the rights of third parties were violated.
{"title":"Smlouva o dílo s nehmotným výsledkem","authors":"Peter Vojčík","doi":"10.14712/23366478.2022.25","DOIUrl":"https://doi.org/10.14712/23366478.2022.25","url":null,"abstract":"The Civil Code in the Czech Republic unified the legal regulation of contract law and removed dualism in this regulation. A work contract is a contract type in which intangible items are also the result of it. The Civil Code of the Czech Republic also enshrines special provisions for an intangible work. It points out the different types of intangible items that can be created or used in connection with a work contract. The author discusses the enacted legislation and points out other provisions that need to be applied to work contracts with intangible result. It analyzes the legal regime of contracts which result in copyrighted works, while also pointing out the copyright regulation of employee works, and separately analyzes work contracts whose subject matter is protected by industrial property law. It also points out the liability of the contractor towards the customer, regarding the delivered work as an intangible result, if the rights of third parties were violated.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41499739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.22
Silvia Vyskočilová
The contribution deals with the issue of ex officio control of unfair contract terms by courts, which follows from Council Directive 93/13/EEC of 5 April 1993 on unfair contract terms in consumer contracts and from the decision-making practice of the European Court of Justice. The author deals with the issue of the court’s procedure in civil proceedings during the application of the unfairness test, especially with regard to consequences.
{"title":"Soudní kontrola nepřiměřených (zneužívajících) ujednání z úřední pravomoci","authors":"Silvia Vyskočilová","doi":"10.14712/23366478.2022.22","DOIUrl":"https://doi.org/10.14712/23366478.2022.22","url":null,"abstract":"The contribution deals with the issue of ex officio control of unfair contract terms by courts, which follows from Council Directive 93/13/EEC of 5 April 1993 on unfair contract terms in consumer contracts and from the decision-making practice of the European Court of Justice. The author deals with the issue of the court’s procedure in civil proceedings during the application of the unfairness test, especially with regard to consequences.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48590389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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