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Civil law aspects of self-driving vehicles
Přenosilová, Klára ; Elischer, David (advisor) ; Psutka, Jindřich (referee) ; Rozehnal, Aleš (referee)
Civil law aspects of self-driving vehicles Abstract This dissertation focuses on the civil law aspects of the still relatively new phenomenon of self-driving cars. Considering that what distinguishes an autonomous car from a conventional car is mainly the autopilot software, which enables its autonomous driving without driver intervention, the legal analysis of the autopilot is given special attention. The aim is to provide a comprehensive analysis of this phenomenon from all fundamental aspects of civil law. The dissertation is divided into a total of five parts. The first introduces autonomous cars and their classification from a technical point of view. The second part deals with the civil law nature of the autonomous car and the autopilot software. After an initial definition of the terms, the autonomous car and its software are considered in terms of their nature as a thing, their status, their copyright protection and their nature as a product. The third part provides a legal assessment of the main contracts that may typically be entered into in connection with their use. These include the purchase contract and, given the interdependence of the autonomous car with the autopilot software, the licence and the software-as-a-service agreement. The fourth part is devoted to the ethical aspects of the use...
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Compensation for a non-pecuniary harm of secondary victims
Přenosilová, Klára ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
This final thesis "Compensation for a non-pecuniary harm of secondary victims" deals with the issue of secondary victims. A secondary victim is defined as an injured person who suffered a non-pecuniary harm as a consequence of what happened to another person (primary victim) to which the tortfeasor caused imminent harm. I focused exclusively on secondary victims under the section 2959 of Czech Civil Code. The section 2959 of Czech Civil Code enables secondary victims to require a monetary compensation for the harm which they suffered as a consequence of a death or a serious injury of their close person (primary victim). Within the analysis of section 2959 of Czech Civil Code I described the nature of a harm suffered by the primary victim, the circle of eligible secondary victims and the quality of their harm, as well as the extent of the compensation for the harm of secondary victims. Doing so, I used the comparative method. I compared the legal regulation of the Czech Civil Code with the former Czech regulation and corresponding decisions of Czech courts. For the purposes of international comparison, each chapter includes a part of the legal situation of secondary victim (close person) under the Austrian law. The analysis showed that the new regulation under Czech Civil Code improved in general...
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Value of Statistical Life: Estimation for the Czech Republic
Přenosilová, Klára ; Dušek, Libor (advisor) ; Rod, Aleš (referee)
This work combines economics and law and shows how the results of economic estimations can be beneficial and useful for the legal practice. Concerning the economic theory, this work is based on the theory of compensating wage differentials, which originate in the labour market in order to compensate workers on riskier jobs for the higher probability of fatal and non fatal work related accident. On the basis of compensating wage differentials caused by the different level of work related risk in different industries, I estimated the value of statistical life in the Czech Republic. The estimated value of statistical life ranged between 86.2-96.8 million CZK. In the legal practice these estimations could be used as reference amounts when compensating for the non-pecuniary damage in case of bodily injury and killing.
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