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Civil Law Aspects of Medical Research
Šolc, Martin ; Salač, Josef (advisor) ; Van Beersel Krejčíková, Helena (referee) ; Sovová, Olga (referee)
Civil Law Aspects of Medical Research Abstract Under Czech law, medical research on humans is divided into three branches: clinical evaluation of medicinal products, evaluation of medical devices, and evaluation of new procedures not yet introduced in clinical practice. While the first two mentioned types of research are regulated in great detail, the legal regulation of the evaluation of new procedures in the Act on Specific Health Services is significantly less extensive. In addition, new methods are still routinely introduced into clinical practice outside of the formalised evaluation regime according to the aforementioned law. As a result, both health care providers and individual physicians face legal uncertainty regarding potential liability for harm arising from the implementation of new methods. This work is focused on civil liability in the subject context. In the first part of the thesis, as a normative basis for the evaluation of the legal regulation and its interpretation possibilities, we define the aim of law as preservation and strengthening of social cohesion. The related fundamental values this thesis is based upon consist in the limitation of judicial power in questions of a political nature, as well as the principle of trust, according to which the legal regulation of medical research and...
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Protection of personal data in the decision-making practice of the Office for Personal Data Protection
Lipanová, Kateřina ; Frinta, Ondřej (advisor) ; Salač, Josef (referee) ; Bajura, Jan (referee)
Protection of personal data in the decision-making practice of the Office for Personal Data Protection Abstract This work is devoted to the right to personal data protection, which is constitutionally protected in the Czech Republic. According to Article 10, paragraph 3 of the Charter of Fundamental Rights and Freedoms, which is part of the constitutional order of the Czech Republic, "Everyone has the right to protection against unauthorized collection, disclosure or other misuse of personal data". The right to personal data protection responds flexibly to global socio-technological developments, which reflects not only the European regulation of the right to personal data protection, but also the case law of European courts and the decision-making practice of individual European data protection authorities. The dissertation is divided into four separate parts (chapters), which are thematically related to personal data protection. The first chapter deals with the international and European development of the right to personal data protection and the development of the right to personal data protection in the Czech Republic. The second chapter contains the definition of basic terms and principles of personal data protection, the knowledge of which is essential for understanding this issue. The third chapter...
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Legal regulation of ski safety
Janků, Ladislav Jack ; Frinta, Ondřej (advisor) ; Salač, Josef (referee) ; Psutka, Jindřich (referee)
Legal regulation of ski safety Abstract The work provides an insight into Italian and Czech ski law with an emphasis on the safety of ski areas and the practice of winter sports on snow, especially in their recreational form. In its first part, the study clearly maps the evolution of Italian legislation on the safety of winter sports with an emphasis on skiing from the 1960s to the present day. Special attention is paid to the current legislation after its extensive amendment (D.Lgs. 40/2021), bringing significant changes, effective from 1/1/2022. The study also focuses on the decision-making practice of Italian courts, presents recent doctrinal insights, outlines possible solutions and possibilities of harmonization of ski law in EU countries. The first chapter of this part is dedicated to the history of the Italian special legislation, mapping its development up to the current regulation, valid until the end of 2021. In addition, it logically describes the relevant, currently valid general regulation. It also includes a description of the origin of the FIS Rules, as a globally recognized code of conduct for skiers, which was created precisely in Italy, which underlines the importance of this skiing country in the international context. The second chapter is devoted to the new special regulation of winter...
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Community of property and its seizure attachment
Maxa, Hubert ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Salač, Josef (referee)
The community of property stands out as a key institution of matrimonial property law, but at the same time it is a very specific type of common property; it is the community of property that gives the marriage an indispensable property basis after all. The establishment and subsequent building of a family background simply cannot be done without property. The civil law tries to strengthen the security of the spouses in the area of property in every possible way, in particular by the broadness of the concept of community of property. In the name of marriage, all assets acquired by one or both spouses during the marriage fall within the scope of the community of property, with the exceptions expressly provided for by law. However, during the marriage, the spouses do not only acquire assets but also enter into obligations which give rise to debts. Whether the debts are debts common to both spouses or only of one spouse, they can often be satisfied by means of the marital property. The attachment of the spouses' community property means a more or less substantial interference with the matrimonial property base. The legislation therefore seeks to respond adequately to this phenomenon, and therefore differentiates between the various debts in order to protect the community property or the non-debtor...
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Security of a Debt in the Civil Law of the Czech Republic
Galinskaya, Yuliya ; Dvořák, Jan (advisor) ; Selucká, Markéta (referee) ; Salač, Josef (referee)
Security of a Debt in the Civil Law of the Czech Republic Abstract The dissertation work is devoted to the study of the legal regulation of the security of a debt in the civil law of the Czech Republic. The purpose of the dissertation work is to study topical issues in the field of the security of a debt. This study was conducted primarily based on the provisions of Czech law in the field of the security of a debt. Within the framework of this study, we will focus on the issues of a debt security regulation in the framework of Book Four, Title I, Chapter 8, Division 2 of the Civil Code of the Czech Republic. Therefore, the study will focus on the security institutions such as suretyship, financial guaranty, transfer of a right as security, and agreement on deduction from wages or other income. In addition, the legislation of foreign countries in the field of security of a debt. Much attention is paid to the differences in the legal regulation of the security of a debt in countries with a continental legal system and countries with a common law system. The history is considered in detail personal guaranty and property guaranty in Roman law, as well as in medieval law and in such a monument of medieval Czech law as statute Iura Zupanorum (Statuta ducis Ottonis). The dissertation work also considers the...
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Compensation for non-pecuniary damage in case of death
Litvina, Anna ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Compensation for non-pecuniary damage in case of death ABSTRACT The diploma thesis deals with the analysis of institute of compensation for non-pecuniary damage to the secondary victim in the event of the death of the primary victim. The aim of the thesis is to analyse the peculiarities of the functioning of the institute for compensation of non- pecuniary damage in the event of death, to identify the current problems of its development and to propose ways of solving them. The first chapter describes the circumstances and history of the establishment of the institute for compensation for non-pecuniary damage, which dates to ancient times, then sets out the development of the institute through the Middle Ages and the modern era to the present day. The second chapter is about the concept of "non-pecuniary damage", its definition and specifying the types of this damage that exist. It focuses on mental suffering, what role they play in a person's life and what effect their experience has in determining the amount of compensation. Then the institute of compensation for non-pecuniary damage is described within the framework of Anglo-Saxon and Romano-Germanic law. The distinction between primary and secondary victims is also presented. The third chapter is devoted to the development of the institute of...
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Administration of the community property under the statutory regime
Křivka, Jakub ; Zvára, Michael (advisor) ; Salač, Josef (referee)
Administration of the community property under the statutory regime Abstract The community property is a fundamental institution of matrimonial property law arising between the spouses ex lege as a consequence of the marriage. The basic feature of this type of property plurality is the absence of co-ownership shares. Each spouse thus owns the entire value of the community property and is limited in his or her disposition of it by the equal rights of the other spouse. The spouses thus act as a single person towards third parties in legal dealings concerning parts of the community property. The goal of this thesis is to critically analyse the current legal regulation of the administration of the community property in the statutory regime and the property law institutes related and to point out and provide my own insight into situations for which we still do not have clear solutions. The thesis first focuses on the history of property relations between spouses and their development into their present form. Then the question of the concept of community of property and the values that constitute its content and how they become part of the community of property is addressed. Next, the thesis discusses the issue of administration of the community property in both ordinary and extraordinary matters and provides an...
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Acquisitive prescription of estate property ownership
Daňková, Lucie ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Acquisitive prescription of estate property ownership Abstract The diploma thesis is dedicated to acquisitive prescription, as one of the originar ways of acquiring ownership rights, focusing on acquiring ownership rights to estate property. The goal of this work is to provide a comprehensive description of the institute of acquisitive prescription with a focus on acquiring ownership rights to estate property, to analyze in detail the changes that occurred in the legislation of acquisitive prescription as a result of the recodification of Czech civil law, and also to evaluate how these changes interfere with the usability of the institute of acquisitive prescription. The diploma thesis is systematically divided into six chapters. In these, it provides a definition of the basic terms directly related to the topic, a historical excursion of acquisitive prescription, which is completed by a detailed analysis of the previous legislation and jurisprudence, an analysis of the current legal regulation of the ordinary acquisitive prescription of the ownership right to estate property, including the re-established institute of extraordinary acquisitive prescription. Furthermore, the work assesses the applicability of the relevant jurisprudence adopted under the previous legislation, evaluates the decision-making...
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Health care (Section 2636 - Section 2651 CC)
Uřičařová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Health care (Section 2636 - Section 2651 CC) The topic of the thesis is health care (Section 2636 - Section 2651 CC), an obligation regulated in the mentioned provisions in Act No. 89/2012 Coll., Civil Code. A contract for health care is the most common legal title for the provision of health care. On the basis of a health care contract, in particular, health care and other health services, according to Act No. 372/2011 Coll., the Health Services Act, are provided, which usually consist of interference with the integrity of a person according to Section 93 and following of the Civil Code. The thesis is divided into seven chapters and a conclusion. The thesis is dominated by descriptive, comparative, analytical and deductive methods of work and research. The aim of the thesis was, on the one hand, to comprehensively present the contractual relationship between the health care provider and the patient, focusing on the health care provider and the patient, as such services will be provided most frequently on the basis of a health care contract, and to present their mutual rights and obligations, and on the other hand, to evaluate the quality of the currently applicable legislation. Within the legal relationship, I have focused in particular on the provider's obligation to provide a proper explanation...
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Surrogate mothethood: Comparison with legislation in French speaking countries
Musilová, Kateřina ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Surrogacy is a very current and controversial issue resonating in almost all countries. It is a method of assisted reproduction that is used in most states primarily to treat infertility, but in some it is also available to homosexual couples. Surrogacy is sometimes considered unethical, immoral or against the natural course of nature, especially in its commercial form. The legal regulation of surrogacy and its various forms varies between countries for cultural or historical reasons, but can be divided into three categories. States permitting, states pro- hibiting and states not regulating surrogacy. The aim of this thesis is to compare the legal regulation of surrogacy in selected countries with the legal regulation in the Czech Republic. The thesis compares the legislation in Bel- gium, France and Quebec. Each of these countries has a different approach to surrogacy as such and to its regulation. France is one of the states that prohibit surrogacy, Quebec is one of the states where surrogacy is not explicitly regulated but where surrogacy contracts are null and void, and Belgium is one of the states where surrogacy is in a grey area but where repeated efforts can be seen to establish clear legislation. The thesis also discusses court decisions in individual states that address the most com- mon...
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