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Legal liability of a physician in graduate medicial training and its practical consequences
Štoková, Daniela ; Frinta, Ondřej (referee)
Legal liability of a physician in graduate medical training and its practical consequences Abstract From both legal as well as practical point of view, a physician in training (i.e. without specialist qualification for performing the medical profession of physician) finds himself in a unique position, differing from those of any other medical staff. Having completed a medical degree, a physician starts his journey towards obtaining an unrestricted license to practice medicine. However, up until a successful ending of his graduate training, he is required to practice medicine under direct or indirect supervision of an attending physician, with a sole exception of those procedures explicitly permitted to be done unsupervised. With regard to the above mentioned, the aim of this thesis is to deliver a complex picture analysing legal liability of a physician in graduate medical training. Further on, it aims to critically assess current legislation concerning this topic on the grounds of relevant case law as well as outcomes of a survey among physicians without specialist qualification for performing the medical profession of physician. First part of the thesis analyses mainly the legal framework a physician in training has to work in, i.e. Act. No. 95/2004 Coll. Following part of the thesis then covers the issue...
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Legacy in law of succession
Svoboda, Martin ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The present thesis discusses the legislation of an ancient and new-old institute of inheritance law, legacy. Legacy was in the Czech legal environment in the 60's of the last century as a traditional institute of inheritance law, allowing the testator wide opportunities of acquiring his property mortis causa. With the effectiveness of the Civil Code No. 40/1964 Coll., that released its regulation, completely disappeared from the public's legal awareness. The topic of the legacy became recurrent in connection with the recodification of private law, because adoption of Civil Code No. 89/2012 Coll. caused a return of legacy to the Czech law. The specificity of the legacy is its disruption with universal succession, which is otherwise typical for inheritance law. The main objective of the thesis is to evaluate the legacy and to conclude about the quality of the current legislation and its usefulness for legal practice. The secondary objective is to acquaint readers with the legacy and define its position in the legal environment. For the interpretation is chosen a procedure that goes from general to specific, which corresponds to the content layout of the thesis. The first part of the thesis deals with an analysis of the legacy as a whole and its differentiation from classical inheritance as well as...
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Elektronic identification of persons in private law relationships
Dvořáková, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Electronic identification of persons in private law relationships Abstract This diploma thesis deals with the topic of electronic identification of persons in private law relationships. It defines all types of electronic identifiers, which can be used in private law relationships by both legal entities and so natural persons. This paper summarizes the young and not for long used legislations. This legislation is not often used in practice and for that reason it has the only commentary. The case law for this problematics is also lacking and that is why it could not be used as one of the sources, despite that it is in many cases one of the most used and valuable sources. This thesis analyses not only the legal aspects of the electronic identification, but also the technological aspects, which it tries to explain even to the readers, who can be absolutely untouched by the world of information technology. At the same time this diploma thesis provides instructions for potential users of instruments of electronic identification, who can be distrustful and insecure of its first time user experience. The minor part of this thesis deals with the history of electronic identification. This section is not extremely extensive due to the fact, that history of his phenomenon goes only about hundred years to the past. The...
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Compensation for injury to the natural rights of man
Malý, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the issue of harm to natural human rights and its compensation. The thesis focuses on the current regulation of this institute contained in The Civil Code No. 89/2012 Coll. Furthermore, in this work, the current regulation is compared with the previous regulation, namely Civil Code No. 40/1964 Coll. The main aim of this work is to provide a basic and comprehensive insight into the issue of harm to natural human rights, focusing on the description of the changes brought about by the adoption of the new Civil Code. Another aim of the thesis is to outline the consequences of these changes. At the beginning the diploma thesis focuses on all the articles of the first part of the Civil Code, which deal with the regulation of natural rights. In the next part of the thesis it provides a general insight into the issue of liability for the damage caused to natural rights. This general basis is necessary for the next part of the work, which deals with claims for compensation of immaterial harm and decision on its amount according to the new Civil Code. The most extensive third part of the thesis therefore deals with specific remedies, namely compensation in the event of injury and the death and indemnification of secondary victims. At the end, the diploma thesis mentions another...
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Liability for damage caused by a defective product - comparison of Czech and British legal regulation with a focus on British case law
Černá, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with the topic of liability for damage caused by a defect in a product, i.e. liability of a producer (but also of another entity, such as the supplier or importer) for damage caused by the defective product to the health or property of the user (consumer) or other third persons. The primary area of this issue that the thesis has examined is the legal regulation in the UK (liability for damage caused by a defect in a product is in the UK usually expressed as "Product liability"). The main reason why I have chosen to describe the British legal regulation is my study experience in the UK at Northumbria University, where I studied within the program Erasmus+. In the UK, I had the opportunity to find all the resources, experience and incentives necessary in order to analyze the topic of Product liability and therefore, to write this thesis. The aim of this thesis is not only the description of the British Product liability, but also its comparison with the Czech regulation. This thesis then draws a clear conclusion that Product liability in the UK is as compared to the Czech Republic an institute much more frequently used and British regulation is compared to the Czech one more sophisticated and detailed. On the other hand, for the British consumers the British regulation may be, due...
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Determination of parenthood in the light of the current status of reproductive medicine
Mervartová, Michaela ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of the diploma thesis is the determination of parenthood in the light of the current status of reproductive medicine. The importance of reproductive medicine is increasing in contemporary society in connection with the growing number of people suffering from infertility. Many infertile couples who have undergone reproductive medicine treatment have become parents through these methods. The question of legal parenthood in connection with the issue of assisted reproduction is the core part of the diploma thesis. The diploma thesis aims to perform a legal analysis of the determination of parenthood to a child born through assisted conception, to point out possible shortcomings in legal regulation and to recommend legislative amendments from the perspective of de lege ferenda. The first chapter explores effective legal regulation of maternity and paternity determination, defining the fundamental kinds of parenthood, because biological, genetic, social and legal parenthood should not be confused. The second chapter deals with assisted reproduction, which specifically manipulates human gametes. Attention is drawn to international and national legal regulation, including the question of legal parenthood of a child that has been conceived in this way. The next part of the thesis deals with...
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The legal regulation on the carriage of goods
Slušný, Vladimír ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The present thesis deals with the legal regulation on the carriage of goods. This issue occupies an important role in everyday economic reality. Legal regulation in this field is highly stratified among legal regulations concerning private law, international agreements and partly among legal regulations concerning public law. This thesis mainly covers the regulation contained in the Czech Civil Code and in international conventions. In addition to the introduction and conclusion, this thesis is divided into five chapters, which are further divided, with the exception of the first chapter, into subchapters. The first chapter, which focuses on historical development and mainly on Roman law, is followed by chapters dealing with particular types of contracts which can be the legal cause for the carriage of goods. These include the following: contract for the carriage of goods, forwarding contract and contract for the operation of a means of transport. Firstly, these contracts are characterized and then the elements of such contracts are described, as well as the duties and rights of the contracting parties and questions regarding compensation for damage. The thesis also points out the interpretative problems that occur in the regulation of these contracts. The differences between these types of...
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Harm to the natural rights of an individual
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Frinta, Ondřej (referee)
Harm to natural rights of an individual Abstract Findings collected in this rigorosum thesis confirm that functional and sensitive settings of the universal system of private law, which provides the legal protection of values connected naturally with human being against unlawful attacks, is an essential task for every civilized legal environment because the natural values connected with a human are really important. The text suggests that the conception of this legal protective system consisting of three cohesive components, namely the conception of an object of legal protection, civil liability, a list of protective rights), is shaped by findings, which have their origin in legal theory, written laws and case law. At the beginning of this rigorosum thesis I concentrate my attention on the first component of the legal protective system. Due to the elastic range of legal protection exclusively focused on human being as an individual, and as a person of law in the legal sense, it is allowed to try to achieve protection of all natural values of human being, that in the summary create the most personal, the innermost and the most intimate sphere of human being1 . This type of particular values has either a biological or psychological or sociological character. The substantive definition of the interest which is...
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A gift - transformations over time
Kunstová, Dorota ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Dorota Ryčlová A gift - transformations over time Abstract This thesis is focused on a gift as an object of gift-giving and its purpose is to analyse this institute as completely as possible. Both from historical point of view, as well as from the perspective of actual legislation. Not even the perception of a gift by other sciences like psychology, anthropology, economy or diplomacy will be left aside. One of the introductory chapters is concerned with gift transformating in law from the Code of Hammurabi, over the Roman law and the Middle Ages up to the regulation of the Austro- Hungarian Empire, the First Czechoslovak Republic and both civil codes valid and effective in our territory in the second half of the twentieth century. Naturally, the largest extent is devoted to the conception of a gift in current legislation, especially in the Act No. 89/2012 coll. civil code (hereinafter referred to as the New Civil Code - "NCC"). Not only from the point of view of NCC Stat. §§ 2055-2078, which deals with different forms of the gift itself (and gift-giving and contract of donation respectively), but also from the point of view of other NCC provisions explicitly mentioning gift or gratuitously provided performances. For the needs of distinguishing between a gift stricto sensu and any other similar performances,...
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"Svěřenský fond" - institute of intergenerational wealth preservation and succession
Skuhrovec, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
"Svěřenský fond" - institute of intergenerational wealth preservation and succession Abstract Thesis named "Svěřenský fond - institute of intergenerational wealth preservation and succession" is dedicated to describe institution of "svěřenský fond" from the perspective of a potential alternative or addition to a more traditional institutions of inheritance law. The aim of the thesis is to describe primarily its use to a purpose of family wealth preservation and succession. In order to fulfill this goal, the first part of the thesis analyses how fiducie/trust of Quebec made its way into Czech legislation. Main matter being the consequences adoption of a patrimony by appropriation caused. Second part follows historical roots of fiduciary institutes. It finds a persistent need for very similar fiduciary, trust-like institutes throughout history. The goal stays the same, a desire of families to preserve their wealth. Historical analysis, using an evolutionist paradigm, finds similarities between trust, modern fiduciary institutes and "svěřenský fond" which simply cannot be unseen. Based on this findings a hypothesis of a common ancestor is construed. Third part describes a newly acquired construction of trust-like institute, which was unseen in Czech law until 2014. It focuses on a result of transplantation of...
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