Právní způsobilost v občanském právu

• Main Author: Nechvátal, Tomáš
• Other Authors: Dvořák, Jan
• Format: Dissertation
• Language: Czech
• Published: 2010
• Online Access: http://www.nusl.cz/ntk/nusl-281339

The diploma thesis focuses on the legal capability in the civil law of the Czech Republic. The subject matter is broad. It includes the legal capability of natural and juridical persons. In both cases we can distinguish capacity to have rights and duties, capacity to act and capacity to be liable. Human being is a fundamental base of the legal order. There is no doubt that everyone shall have the right to recognition everywhere as a person before the law. Juridical personality of a man is unlimited and inalienable right. These rules have origin not only in the Czech Civil Code, but also in the constitutional Charter of Fundamental Rights and Freedoms of the Czech Republic and international declarations and covenants, including The Universal Declaration of Human Rights and The International Covenant on Civil and Political Rights. Only mentally competent persons of legal age have the full legal capacity. The qualification to enter into a legal relation of minors according to law and long-time mentally ill people on the basis of judgment can be restricted. What is more, nowadays the District Court is allowed to deprive permanent disordered man of his or her legal capacity. Under the bill of new Czech Civil Code and in accordance with the Convention on the Rights of Persons with Disabilities this...