Odporovatelnost a relativní neúčinnost
Objectionability and relative ineffectiveness
diploma thesis (DEFENDED)

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http://hdl.handle.net/20.500.11956/71409Identifiers
Study Information System: 143121
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- Kvalifikační práce [12367]
Author
Advisor
Referee
Hendrychová, Michaela
Faculty / Institute
Faculty of Law
Discipline
Law
Department
Department of Civil Law
Date of defense
24. 6. 2014
Publisher
Univerzita Karlova, Právnická fakultaLanguage
Czech
Grade
Very good
Keywords (Czech)
odporovatelnost, relativní neúčinnost, právní jednáníKeywords (English)
objectionability, relative ineffectiveness, legal actObjectionability and relative ineffectiveness The purpose of my thesis is to analyse the notion of relative ineffectiveness, the institute of private law, which serves as a protection of the creditor against the certain legal acts of his debtor. This institute was known as objectionability before the new civil code came into effect. The aim of this paper is to explain the importance of relative ineffectiveness and to distinguish this institute from the sanctions of the defective legal act. The first chapter of my thesis deals with the notion of legal act and its elements which are essential for the existence of the valid and effective legal act. The subsequent parts examine the results of the situations in which the requirements to elements of legal act are not fulfilled. The chapter Two deals with the defects of legal act causing its nonexistence. The following chapter Three concerns the sanction of invalidity and the chapter Four explains the notion of ineffectiveness. The explanation of those sanctions is important for its mutual differentiation and for the subsequent analysis of the institute of relative ineffectiveness, because only valid and effective legal act can be pronounced by court as relatively ineffective. After analysis of different types of sanctions of defective legal act, the...