Pub Date : 2022-06-02DOI: 10.14712/23366478.2022.24
Tomáš Pohl, M. Sedláček
Work means the construction, maintenance, repair, or alteration of a structure or part thereof. Section 2623 et seq. of the Civil Code provides for certain exceptions to the general regulation of a contract for work, contracts for the alteration of immovable property, and for contracts for the construction, repair, or alteration of a construction. In matters not regulated by these provisions, the general regulation of work contracts also applies to construction contracts. The aim of the authors’ article is to draw attention to these exceptions, to define the concept of construction, to focus on construction as an object of the work, including related issues, as well as on the legal regulation of works with intangible results.
{"title":"Stavba jako předmět díla v občanském zákoníku","authors":"Tomáš Pohl, M. Sedláček","doi":"10.14712/23366478.2022.24","DOIUrl":"https://doi.org/10.14712/23366478.2022.24","url":null,"abstract":"Work means the construction, maintenance, repair, or alteration of a structure or part thereof. Section 2623 et seq. of the Civil Code provides for certain exceptions to the general regulation of a contract for work, contracts for the alteration of immovable property, and for contracts for the construction, repair, or alteration of a construction. In matters not regulated by these provisions, the general regulation of work contracts also applies to construction contracts. The aim of the authors’ article is to draw attention to these exceptions, to define the concept of construction, to focus on construction as an object of the work, including related issues, as well as on the legal regulation of works with intangible results.","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":"43432210","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: 10.14712/23366478.2022.28
Klára Hamuľáková
Book review on Sedláček, Miroslav – Střeleček, Tomáš a kol. Povinnost a odpovědnost v civilním právu hmotném a procesním. Speciální problémy. Praha: Wolters Kluwer ČR, 2021, 365 s.
{"title":"Sedláček, Miroslav – Střeleček, Tomáš a kol. Povinnost a odpovědnost v civilním právu hmotném a procesním. Speciální problémy","authors":"Klára Hamuľáková","doi":"10.14712/23366478.2022.28","DOIUrl":"https://doi.org/10.14712/23366478.2022.28","url":null,"abstract":"Book review on Sedláček, Miroslav – Střeleček, Tomáš a kol. Povinnost a odpovědnost v civilním právu hmotném a procesním. Speciální problémy. Praha: Wolters Kluwer ČR, 2021, 365 s.","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":"48030645","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: 10.14712/23366478.2022.27
Anton Dulak
The development of private law in the last two decades has been marked by an increase in actions for compensation for non-pecuniary damage to health and life. Claimants’ demands for the amount of compensation also grew. The legal institutes traditionally set up for this purpose (compensation for pain and suffering and compensation for hardship) soon proved inadequate. The courts began to remedy the lack of, or insufficient, statutory regulation by an expansive interpretation of the provisions on the protection of personality. Court decisions thus continued to harmonise the legal status in the countries of the former common state of Czechs and Slovaks. However, the adoption of the new Civil Code in the Czech Republic in 2012 ushered in a qualitatively new stage in the development of private law.
{"title":"Ako ďaleko sme si ešte blízki (na príklade rozhodovania o nemajetkovej ujme na zdraví)","authors":"Anton Dulak","doi":"10.14712/23366478.2022.27","DOIUrl":"https://doi.org/10.14712/23366478.2022.27","url":null,"abstract":"The development of private law in the last two decades has been marked by an increase in actions for compensation for non-pecuniary damage to health and life. Claimants’ demands for the amount of compensation also grew. The legal institutes traditionally set up for this purpose (compensation for pain and suffering and compensation for hardship) soon proved inadequate. The courts began to remedy the lack of, or insufficient, statutory regulation by an expansive interpretation of the provisions on the protection of personality. Court decisions thus continued to harmonise the legal status in the countries of the former common state of Czechs and Slovaks. However, the adoption of the new Civil Code in the Czech Republic in 2012 ushered in a qualitatively new stage in the development 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":"47590518","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: 10.14712/23366478.2022.29
T. Dvořák
This scientific study deals with the issue of representation of a member of the community of unit owners according to the legal regulation of housing co-ownership contained in Act No. 89/2012 Sb., The Civil Code, as amended, at the meeting of the Assembly. The study deals with both legal representation and guardianship representation, and especially contractual representation. When interpreting the law, the legal regulation and case law of the representation of a partner of a capital trading company at a meeting of the General Meeting is taken into account, unless this is prevented by the wording of the law or the nature of the matter.
{"title":"Zastoupení člena společenství vlastníků jednotek na zasedání shromáždění","authors":"T. Dvořák","doi":"10.14712/23366478.2022.29","DOIUrl":"https://doi.org/10.14712/23366478.2022.29","url":null,"abstract":"This scientific study deals with the issue of representation of a member of the community of unit owners according to the legal regulation of housing co-ownership contained in Act No. 89/2012 Sb., The Civil Code, as amended, at the meeting of the Assembly. The study deals with both legal representation and guardianship representation, and especially contractual representation. When interpreting the law, the legal regulation and case law of the representation of a partner of a capital trading company at a meeting of the General Meeting is taken into account, unless this is prevented by the wording of the law or the nature of the matter.","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":"43745510","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 : 2022-03-10DOI: 10.14712/23366478.2022.2
Jan Hak
The presented article discusses some legal issues regarding spatial data as a crucial tool of information society. As the introduction, the author defines some basic terms and their relation (geographic information systems, spatial data, and their infrastructures). Next, his attention concentrates briefly on the legal framework for access to such data within the European Union – especially the INSPIRE Directive, its aims and structure. In the third and main part of this article, the author analyses the quality of transposition process considering the aforementioned directive in the Czech Republic. He puts stress on the provisions transposing the national infrastructure for spatial data into Czech Act No. 123/1998 Sb., on the Right to Information on the Environment. Not underestimating the undisputable improvements made by amending Act No. 83/2015 Sb., there are still points to enhance, particularly in connection with section 11d limiting access to spatial data. The article concludes with some other obligations enabling the overall control and evaluation of the implementation in next phases are mentioned.
{"title":"Některé právní aspekty zpřístupňování prostorových dat","authors":"Jan Hak","doi":"10.14712/23366478.2022.2","DOIUrl":"https://doi.org/10.14712/23366478.2022.2","url":null,"abstract":"The presented article discusses some legal issues regarding spatial data as a crucial tool of information society. As the introduction, the author defines some basic terms and their relation (geographic information systems, spatial data, and their infrastructures). Next, his attention concentrates briefly on the legal framework for access to such data within the European Union – especially the INSPIRE Directive, its aims and structure. In the third and main part of this article, the author analyses the quality of transposition process considering the aforementioned directive in the Czech Republic. He puts stress on the provisions transposing the national infrastructure for spatial data into Czech Act No. 123/1998 Sb., on the Right to Information on the Environment. Not underestimating the undisputable improvements made by amending Act No. 83/2015 Sb., there are still points to enhance, particularly in connection with section 11d limiting access to spatial data. The article concludes with some other obligations enabling the overall control and evaluation of the implementation in next phases are mentioned.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41904135","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}
{"title":"Hak, Jan – Vícha, Ondřej. Právo na informace o životním prostředí ve středoevropském kontextu","authors":"Nikola Mrkývková","doi":"10.14712/23366478.2022.8","DOIUrl":"https://doi.org/10.14712/23366478.2022.8","url":null,"abstract":"Book review on Hak, Jan – Vícha, Ondřej. Právo na informace o životním prostředí ve středoevropském kontextu. Praha: Wolters Kluwer ČR, 2020, 230 s.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41961420","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 : 2022-03-10DOI: 10.14712/23366478.2022.3
Alena Chaloupková
This article contains a brief summary and conclusions of the dissertation of the same name, which was written within a doctoral study at the Faculty of Law, Charles University (Department of Environmental law). The issue at hand has not yet been comprehensively addressed in the Czech legal science. It, however, includes the following important questions: How is the route of a planned road located according to Czech law? How are nature and landscape protection requirements integrated into the location process? How is the issue of landscape fragmentation addressed in the process? What might be the implications of the current changes to the applicable law? The objective of the dissertation has been to create a foundation for a formulation of recommendations aimed at the optimization of the legal framework of nature and landscape protection in the relevant processes in order to ensure the most effective protection of this important public interest even if it has been decided to carry out the construction. The text of the dissertation was completed on 1 August 2021.
{"title":"Právní úprava ochrany přírody a krajiny ve vztahu k umisťování pozemních komunikací","authors":"Alena Chaloupková","doi":"10.14712/23366478.2022.3","DOIUrl":"https://doi.org/10.14712/23366478.2022.3","url":null,"abstract":"This article contains a brief summary and conclusions of the dissertation of the same name, which was written within a doctoral study at the Faculty of Law, Charles University (Department of Environmental law). The issue at hand has not yet been comprehensively addressed in the Czech legal science. It, however, includes the following important questions: How is the route of a planned road located according to Czech law? How are nature and landscape protection requirements integrated into the location process? How is the issue of landscape fragmentation addressed in the process? What might be the implications of the current changes to the applicable law? The objective of the dissertation has been to create a foundation for a formulation of recommendations aimed at the optimization of the legal framework of nature and landscape protection in the relevant processes in order to ensure the most effective protection of this important public interest even if it has been decided to carry out the construction. The text of the dissertation was completed on 1 August 2021.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45381655","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 : 2022-03-10DOI: 10.14712/23366478.2022.9
V. Stejskal
Radecki, Wojciech. Prawna ochrona środowiska w Polsce, Czechoslowacji, Czechach i Slowacji. Studium prawnoporównawcze. Warszawa: Prokuratura Krajowa, 2020, 432 s.
{"title":"Radecki, Wojciech. Prawna ochrona środowiska w Polsce, Czechoslowacji, Czechach i Slowacji. Studium prawnoporównawcze","authors":"V. Stejskal","doi":"10.14712/23366478.2022.9","DOIUrl":"https://doi.org/10.14712/23366478.2022.9","url":null,"abstract":"Radecki, Wojciech. Prawna ochrona środowiska w Polsce, Czechoslowacji, Czechach i Slowacji. Studium prawnoporównawcze. Warszawa: Prokuratura Krajowa, 2020, 432 s.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41367412","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 : 2022-03-10DOI: 10.14712/23366478.2022.4
Barbora Křížová
This article contains the main conclusions of a dissertation on legal regulation of wild animal protection, which was written within a doctoral study at the Faculty of Law, Charles University (Department of Environmental Law). The main goal of the dissertation was to comprehensively describe and analyse the legal regulation in detail, including its current legislative development, and to process a complete set of the international, EU, and Czech legal regulation in the field of wild animal protection. Wild animals are protected within the biodiversity protection and nature and landscape conservation, which can be divided into territorial and species protection, when this article focuses mainly on the species one. The article consists of three main parts, which focus on the international, European Union and Czech legal regulation. The text of the article was completed on 15 October 2021.
{"title":"Právní úprava ochrany volně žijících živočichů","authors":"Barbora Křížová","doi":"10.14712/23366478.2022.4","DOIUrl":"https://doi.org/10.14712/23366478.2022.4","url":null,"abstract":"This article contains the main conclusions of a dissertation on legal regulation of wild animal protection, which was written within a doctoral study at the Faculty of Law, Charles University (Department of Environmental Law). The main goal of the dissertation was to comprehensively describe and analyse the legal regulation in detail, including its current legislative development, and to process a complete set of the international, EU, and Czech legal regulation in the field of wild animal protection. Wild animals are protected within the biodiversity protection and nature and landscape conservation, which can be divided into territorial and species protection, when this article focuses mainly on the species one. The article consists of three main parts, which focus on the international, European Union and Czech legal regulation. The text of the article was completed on 15 October 2021.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45847502","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 : 2022-03-10DOI: 10.14712/23366478.2022.7
Ewa Radecka
This article attempts to synthetically discuss the right to live in a clean environment through the prism of the regulations on personal interests. The aim is to bring this issue closer to the Czech reader, which could be a contribution to the international academic discussion in this field. First, the author points to the socio-economic background of the current poor air quality in Poland, and then goes on to try to define a personal good and a clean environment. She then presents the relevant case law and the position of the legal scholarship in this respect, with a simultaneous attempt to determine the consequences of any discrepancies.
{"title":"Is the Right to Live in an Environment with Clean Air a Personal Interest? Selected Issues","authors":"Ewa Radecka","doi":"10.14712/23366478.2022.7","DOIUrl":"https://doi.org/10.14712/23366478.2022.7","url":null,"abstract":"This article attempts to synthetically discuss the right to live in a clean environment through the prism of the regulations on personal interests. The aim is to bring this issue closer to the Czech reader, which could be a contribution to the international academic discussion in this field. First, the author points to the socio-economic background of the current poor air quality in Poland, and then goes on to try to define a personal good and a clean environment. She then presents the relevant case law and the position of the legal scholarship in this respect, with a simultaneous attempt to determine the consequences of any discrepancies.","PeriodicalId":52921,"journal":{"name":"Acta Universitatis Carolinae Iuridica","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44575201","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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