National Repository of Grey Literature 75 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Reasoning of Criminal Judgments in the Czech Republic
Tomšů, Kristýna ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The topic of the diploma thesis is the reasoning of the criminal judgment, especially with regard to the sentence imposed. The obligation for judges to reason a sentence arises from the Code of Criminal Procedure and the principles of the rule of law; therefore, with some exceptions, it is an essential part of the judgment. The first part focuses on the aspects of the reasoning of the judgment in general (Chapters 1-6), explaining the reasons why judgments need to be justified, the different approaches to reasoning, the principles of good reasoning, and the problems that arise in reasoning. The next part of the thesis (chapter 7) deals with the justification of the sentence in the criminal judgment. The purpose of punishment, principles that influence the process of punishment of offenders, as well as factors (circumstances) that influence the selected punishment are discussed. The next part of the thesis (chapter 8) is devoted to the empirical part: the research which analyzes a representative sample of 366 judgments of Czech district courts in terms of the sentence imposed. Based on the law and the literature used, the data and factors that will be recorded during the analysis whereas the main research question is: How and to what extent do Czech district courts justify imposing sentences? This...
Legal Regulation of Data (Theoretical Perspective)
Balážová, Miroslava ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Legal Regulation of Data (Theoretical Perspective) Abstract The master thesis deals with information and data, their substance and nature, with regards to whether and how it is possible to regulate these. This thesis has three objectives. First objective is to describe and analyse the legal acts, case law and academic literature dealing with information and data. The second objective is to create a theory of information suitable for the law and suggest a legislative and methodological approach to the data and information, thus answering the question whether the information and data may be subject of the legal regulation in general. The third objective is to assess so called technologically neutral approach of the legislator to the legislation which primarily regulates the technology (especially the data). The master thesis brings the following conclusions with regards to set objectives. Firstly, neither the current legislation, nor the case law deals with the concept and methodology of information or data and uses these terms as synonyms. The academic literature lately concerns itself with this topic; however, it does not bring unified theory or methodological approach. Secondly, the thesis brings a proposal of theoretical model of information and data as it suggests examining the term "information" in two...
Proving a negative
Škop, Miroslav ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
This thesis deals with the subject of proving negatives, i. e. proving non-existence of an object, a status or a process. The author of the thesis provides the reader with the definition of a negative and with a list of negatives mentioned in the case law of Czech public authorities. Also, the author analyses selected case law of Czech courts and describes proving negatives in specific cases. The thesis is divided into six chapters. The first chapter provides the definition of a negative. In this chapter the author points out potential problems linked to the identification of a negative, especially to the difference between a fact, a negative statement and a legal assessment. The second one addresses the possibility of a negative becoming the subject of proving as a practical way of finding of facts. The chapter also brings a brief analysis of proving a negative abroad, specifically in Slovakia, the Great Britain and the United States of America. The third, the fourth and the fifth chapter deal with the subject of proving negatives in civil proceedings, administrative proceedings and criminal proceedings respectively. In each of these chapters the author summarises the principles of proving related to corresponding type of proceedings and demonstrates proving negatives on specific cases (regarding...
The Role of the Grand Chambers of the Supreme Courts and of the Plenum of the Constitutional Court in Judicial Law-Making
Kadlec, Ondřej ; Kühn, Zdeněk (advisor) ; Šimíček, Vojtěch (referee) ; Wintr, Jan (referee) ; Tryzna, Jan (referee)
The Role of the Grand Chambers of the Supreme Courts and of the Plenum of the Constitutional Court in Judicial Law-Making Abstract Grand Chambers (GCs) are considered to be the most authoritative judicial bodies within multi-panel supreme courts. They are said to secure the unity, continuity, and quality of these courts' decision making. This thesis explores these claims in relation to GCs of three Czech highest courts - the Supreme Court, the Supreme Administrative Court, and the Constitutional Court. What is the role of the GCs in the decision-making of these Courts and how do the GCs fulfil their role? The thesis addresses these questions from both doctrinal and empirical angles. Doctrinally, it analyses with respect to all three courts the criteria for selecting GC cases, the character of GC decisions, and the status of GC precedents. Empirically, it explores how many and what type of cases the case-selection mechanism generates and how the GC's decisions influence the decision- making of other Court formations. On the basis of this analysis, the main argument of the thesis is that courts' use of GCs influences the way the multi-panel courts develop the law. The three key parameters of any GC that the thesis identifies are (i) the justification of its authority, (ii) the means of asserting its authority...
Liability of members of governing bodies of juristic persons
Novotná Krtoušová, Lucie ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee) ; Havel, Bohumil (referee)
Liability of members of governing bodies of juristic persons Mgr. Lucie Novotná Krtoušová Abstract The aim of the presented doctoral thesis entitled "Theoretical Concept of Liability of Members of the Governing Bodies of Juristic Persons" is to determine what requirements can be placed on natural persons who act as members of the governing bodies of juristic persons, and to specify the substance of due managerial care as a legal basis for potential liability. The Civil Code lays down the duty of a governing body member to act with due managerial care in the discharge of his/her office in its general part; the relevant provisions thus apply to members of the governing bodies of all juristic persons under both private and public law, provided that this is compatible with their legal nature. Compliance with the duty of due managerial care - in cases where the governing body members act as representatives of the juristic person - is the decisive criterion for determining whether or not they will be liable to the juristic person for any damage caused in the discharge of their office. However, it is questionable whether this is a case of fault-based liability for breach of a legal duty or strict liability for breach of a contractual obligation. The question of whether we will conceive liability of members of...
Feminist legal theory
Kvasová, Michaela ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
v anglickém jazyce Feminist Legal Theory The master's thesis deals with the feminist legal theory, a young and dynamic legal field which is one of the challenges of current law. This theory is a combination of law and gender studies. Its focus lies in Anglo-American system of law, in which it has a dignified place among legal theories. In the Czech legal system, the feminist legal theory is not well known, but for those interested, the Faculty of Law of Charles University opens a compulsory subject Gender and Law regularly in the summer semester. The thesis is based mainly on sources in English, which were made available to the students participating in this subject. In the Czech language, no comprehensive publication has yet been published on the topic of feminist legal theory. The objective of this thesis was to elaborate this extensive legal field and present it to potential Czech readers. The structure of the thesis consists of an introduction, three main content parts and a conclusion. The parts are further divided into chapters, paragraphs, and sections. The first part deals with the concepts of feminism and gender, which represent the basic theoretical basis for the study of feminist legal theory. A separate chapter is reserved for each of the concepts, classifying them in the historical...
Language, Translation and Law
Lipertová, Ivana ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
Language, Translation and Law The main objective of this thesis is to explore the interconnection of law and language with a special focus on legal translation. The author of the thesis analyses the history of legal translation together with multilingualism in European Union. The thesis is divided into three major parts: "Language in law", "Translation in law" and "Language(s) and multilingualism in the European Union". The author explains the term legal language in the first part. The attention is directed to indeterminacy and incomprehensibility of the legal language as well as to legal vocabulary and stylistics of legal discourse. The author furthermore analyses the role and legal regulation of the legal language in Czech legislation. The plain language movement is noted as well. The second part of the thesis examines in detail various aspects of legal translation. The author summarises legal translation history worldwide as well as the historical development within the Czech territory. Legal translation is addressed on the basis of the specific use of translation (legislation, international treaties, certified translation and interpretation). In the certified translation and interpretation history the author introduces the sworn interpreters cabinet decree of 22 December 1835 (Hofdecret 109....
Freedom of Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law
Rybář Holubová, Eliška ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee) ; Polčák, Radim (referee)
Freedom of Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law Abstract This dissertation entitled Free Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law joins a vibrant conversation about the changing nature of free speech in the digital era. The internet, both as a communication technology and a multimedia platform, has fundamentally transformed the world around us: political, legal, media, economic and other important dimensions of our postmodern society. As internet expanded and became almost omnipresent, it also emerged as an essential domain for freedom of speech, becoming a new public square, newspapers, radio and TV. This new and inter- connected digital cosmopolis introduced brand-new legal challenges, reflecting the inherent tension between the global virtual community and local legal rules and systems. The purpose of this disseration is to modestly contribute to the current discourse and to introduce some complexities of this brave new world of digital free speech. The internet, particularly Internet 2.0 in the era of social networks, redefined the rules of the game, transformed the field as well as the players. The new pluralist model of digital free speech can be portrayed as a structure with complex...
Legal liability: theoretical and comparative analysis of pure economic loss
Takáčová, Dominika ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
LEGAL LIABILITY: THEORETICAL AND COMPARATIVE ANALYSIS OF PURE ECONOMIC LOSS The purpose of my thesis is to introduce the concept of pure economic loss and its setting in the jurisdictions of France, England, Germany and the Czech Republic. The comparative study of pure economic loss reveals that granting compensation for economic loss frequently interferes with the economic loss rule (or exclusionary rule), which states that a plaintiff can not recover damages for a pure financial loss. Legal doctrines provide little insight as to why liability should, or should not, be denied. On the other hand, economic models of liability provide some valuable guidance for classifying various categories of economic loss, and identifying cases in which denial of recovery for economic loss would lead to inefficient outcomes. A law and economics analysis shows that a key factor in determining the optimal scope of the economic loss rule is in the relationship between pure economic loss and social loss. Economic loss should be compensable in torts only to the extent that it corresponds to socially relevant loss. A plaintiff cannot recover damages for a purely private economic loss. Our hypothesis is that, although not formally adopting this economic criterion, European courts are attentive to efficiency...
Methodological Problems of Comparative Law
Ejubovič, Denis ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
Methodological Problems of Comparative Law Summary From the end of the Second World War the comparative law is constantly growing. Growth of the comparative law was enabled, but also forced, by escalating globalization. Development of an information and communications technology in the past decades growth of the comparative law only accelerate. On this aggressive growth the comparative law wasn't prepared, which led to perversion of its content, subversion of its method and establishment of Feyerabend's methodological anarchism, which to this day under the slogan "anything goes" reigns over the comparative law. This thesis is an attempt to create order in the comparative law. We don't do that for the comparative law, or because of the current state of the discipline, but because of our own interest in application of the comparative method in the legal science. In the first section of this thesis we propose a working definition of comparative law. In the second section of this thesis we focus on the structure of comparative method: on the structural elements which compose the comparative method. In the third section of this thesis we focus on the composition of comparative method: on the compositional elements by which are the structural elements of the comparative method integrated into the complete whole....

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