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Easements
Křižánková, Jana ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
Rigorous work tries to analyze Institute easements, both in terms of de lege lata and de lege ferenda. In each chapter, we discuss the emergence of easements, ways of their demise, as is discussed especially their contents and pricing, particularly with regard to the current case law of the Czech courts. The work also compares the historical treatment of this institute with the present and with future modification, included in the proposed new Civil Code. Any changes in legislation, this work tries to analyze and recommend future development of this institute appropriate solutions to current needs.
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Liability for damage in health care
Zelenková, Monika ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee)
One of the most discussed issues in medicine law these days is definitely the liability for damage in health service which is also the topic of my thesis. The thesis is divided into 6 chapters in which I deal with various issues related to the liability for damage in health service both from general point of you to specific problems such as communication between a patient and his or her doctor as well as other aspects of doctors behaviour. The aim of my thesis is to provide a complete and comprehensive view on the issues concerning liability for damage in heath service particularly in relation to Civil Code as the basic legal regulation defining the extent of liability for damage in health service. However the liability for damage in health service is also affected by other branches of law, not only the Civil Code, particularly by administrative, crown, labour law including ethical and disciplinary questions. Finally, the thesis points out ambiguity around the extent of compensation and difficulties associated with bringing the law into practice when defining the extent of compensation for damage, compensation for deterioration of social existence and issues related to smart money.
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Joint property of spouses
Málek, Ondřej ; Dvořák, Jan (referee) ; Pohl, Tomáš (referee)
This work deals with legal institute of joint property of spouses in czech law. It describes historical development of legal rules in the 20th century. The work deals with concept of joint property of spouses, it's commencement and content (both property and obligations). It describes it's use and maintenance and possibilities of modification done by either judicial decision or by an agreement. Apart from that it presents also protection of third parties in relation to joint property of spouses, relation of legal rules to private international law and main changes which are about to be done by the new civil code.
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Unjust enrichment
Kozlerová, Martina ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
The thesis deals with unjust enrichment as one of the institutes of civil law or private law, which is regulated by the Act No. 40/1964 Coll., Civil Code. The core of the thesis consists in the analysis of the legal regulation of this institute, namely within the context of the current case law (especially the case law of the Supreme Court of the Czech Republic), scholarly treatises and juristic articles.
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Reimburse function of the right of a lien from the perspective of contemporary practice
Fraňo, Michal ; Mikeš, Jiří (advisor) ; Dvořák, Jan (referee)
The offered work is a guide to the process of the realization of the lien in its most sensitive stage- in the realization of the pledge and satisfying secured creditor. The text is focused on the real practice in the various degrees of the process. The content of the work aims primarily to the civil proceedings, but it is impossible to ignore the substantive-related institutes in the complex interpretation of the problem, such as the creation and the termination of the lien, accessories to the pledge, definition of the pledge in the relation to bulk things - composed of various interlinked items sold as one whole - such as an enterprise and to collections of things such as a batch of horses etc. The work is concerning separate steps in the process of the realization of the lien and aims its effort mainly to the mortgage. The issue of personal things s is rather marginal. Nor the legislation makes no essential differences between a mortgage and a lien on personal things. The author left completely aside the issue of property rights such as shares, claims, objects of the intellectual property etc. Introduction of the paper briefly outlines historical origins and practical importance of the lien. It is followed by overview of the sources of the applicable law, as necessary preliminary work with the...
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Protection of personality in a Czech-German comparison
Zahořová, Eva ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
The Ph.D. thesis called "Protection of personality in a Czech-German comparison" applies to, as the name indicates, a comparison of legislation examined in two jurisdictions. The aim of the thesis is certainly not a statement that one of the legislations is "better" than the other, but to determine whether and how the Czech and German legislation differ or how similar are the rules in both countries. The first part of the thesis is devoted to sources of law and aims to compare the rights of personality in both jurisdictions. In addition to national sources of law (with emphasis on private law) international treaties are mentioned. With regard to the treaties it can be concluded that although the Czech Republic and Germany are not signatories to the same contracts this difference is not significant for the purposes of the protection of personality. The wide content-overlap and considerable generality of the treaties causes that identical rights are protected in both countries. In the area of domestic sources of law it can be clearly stated that the German constitution plays more important role in its country than the Czech constitution in the Czech Republic. This is primarily due to the fragmentation of German legislation and the desire to overcome this inconsistency, but also the important position...
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Unjust enrichment in the Czech legal order
Pilík, Václav ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Petr, Bohuslav (referee)
Václav Pilík. Unjustified Enrichment in the Czech Law. PhD thesis 1 Abstract This PhD thesis explores the legal institution of unjustified enrichment in the Czech private law. The subject is dealt in larger historical, theoretical and partly comparative relationships in order not to be reduced only to internal problems of the national regulation. A general view of unjustified enrichment (part one of this work), providing a systematic introduction to the problem, is hinder by different approaches, their overlapping and largely opened discourse on conceptual questions. Despite all that difficulties, found out by comparative legal studies of unjustified enrichment in the civil law and common law systems, it is necessary to undergo an attempt at expression of common features of the unjustified enrichment as a legal concept. Supposing that, we can describe three common features of unjustified enrichment: it is enrichment obtained at the expense of another and in a lawless way; the modern legal institute of unjustified enrichment rests on fragmentary historical basis, substantially completed by national factors of legal development (legislation, justice and doctrine); the enrichment is viewed as objective fact (at least in certain states of facts). Legal development of unjustified enrichment runs differently in...
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Camera systems and video records in legal protection of privacy
Chládek, Milan ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
DISSERTATION ABSTRACT JUDr. Milan Chládek Camera systems and video records in legal protection of privacy The main goal of this dissertation named Camera systems and video records in legal protection of privacy is the basic analysis and familiarization with the highest actual and in the recent time wide-discussed problems. The field of the video surveillance is highly interesting and for the time being by the law science not solved topic. The legal science and practice solve problem belongs to this problematic area often as you go along, often by the aplication of the more generic rules and therefore the deciding authorities often make the law complete by theirselves because the legislator was not able to cover all the possible situations - just because of high actuality and novelty of this topic. This work tries to cover the topis by the relative wide way, from the generic introduction and tematic survey of the right to privacy offers first the concrete work with generic topic of right to privacy in relation to the video records, further focusing on camera systems and the last third of the work focuses on highly modern technologies of using video surveillance and on other methods using video records and snapshots in the area of informatic technologies and further areas of the use. The dissertation is...
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Development of front-end applications
Machynka, Jan ; Souček, Martin (advisor) ; Dvořák, Jan (referee)
The diploma thesis on Development of Front-end Applications focuses on the design of computerization of enterprise processes covered by a unified front-end application. Exploratory research was used to suggest working methods to solve technological growth of the enterprise and how to evaluate business need of a front-end application. Later chapters present basic summary of development methodology used for automation of business processes. The diploma thesis innovatively proposes a role of a front-end specialist who does not need to create a program code and has closer relation to business departments. There are recommend analytical standards and development tools for automation of business processes as well as front-end implementation. Finally the work attaches a model example demonstrating relative simplicity and practical realization of new techniques for front-end application development. Powered by TCPDF (www.tcpdf.org)
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