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Secondary victims in Czech and English law
Vymětalová, Daniela ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Key words: secondary victim, personal misfortune, psychiatric injury The aim of the thesis is to analyse secondary victims in Czech and English law. In general, secondary victim is recognised as a person whose harm was caused by harm occurred to an immediate victim. However, Czech law does not provide a detailed framework as well as the interpretation of the law by judicial decisions and literature. Therefore, the purpose is to define secondary victims and scrutinize their legal rights. The thesis is divided into three parts. The first one focuses on Czech law. The purpose is to outline secondary victims in accordance with current legislation and court decisions. It presents a description of the former law serving as a useful tool for understanding the applicable law. The analysis of the section 2959 follows, constituting, in the case of death or severe injury, legal rights for persons with close ties to an immediate victim. The positive approach could be perceived as a response to a criticism towards the former legislation. The Civil Code removed fixed amounts of compensation and unified the process into a single section. Furthermore, an inability of secondary victims with close ties to receive compensation for their psychiatric injury is scrutinised. Multiple questions arise from the section 2971...
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Scope and mode of damages
Moravec, Jaroslav ; Šustek, Petr (advisor) ; Salač, Josef (referee)
This thesis' main focus lies in the analysis of the new statutory provisions pertaining to the civil liability for damage and identifying the differences between the old Civil Code (Act No. 40/964 Coll.) and the newly enacted Civil Code (Act No. 89/2012 Coll.), which brought about major changes with respect to the traditional regulation of liability for damage, which dated back to the enactment of Austrian ABGB in 1811. In this thesis I will try to analyse these changes and critically assess their impact and improvements over the old regulation and bring forward the controversial points and drawbacks of the new Civil Code. In the first and mostly theoretical part of the thesis I will focus mainly on the analysis of the new concept of civil liability which differs from the major view of the civil theory. I will also focus on the change of terminology resulting from these conceptual changes. The second part of this thesis will be less abstract and focus more on the new differentiation between the contractual liability for damage, i. e. liability arising out of the breach of a contract, and the delictual liability for damage, which arises out of the acts violating the statutory provisions (the written law). This thesis consists of three main sections, which are further divided into subsections. The...
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Legal aspects of provision of health care to minors
Blažková, Michaela ; Salač, Josef (advisor) ; Šustek, Petr (referee)
AJ Health care is very important part of our lives, therefore legal regulation of providing health care deserves more attention. Specialist publications mostly engaged legislation of providing health services, without contradiction, who is recipient of health care and regulation of status minor doesn't get attention like should have. Minor has special legal status, that is why legal aspects of providing health care is specific too. Related with development of private law many changes happened, which also showed in legal status of underage patient, therefore goal of my thesis is to tender comprehensive view of legislation about minor patient status at provision health care. Thesis is divided into the five main chapters. First chapter provides a comprehensive overview about sources of regulation in selected topic and describe mutual connection some of law regulation. The second part is focused on rights and corresponding duties minor patient, his parents and doctors while providing medical care. In this chapter is considerable attention given to the institute of informed consent minor patient and conditions of his grant. Third part of my work is related to second part and is trying to outline solving of problematic situation, which can happen during providing medical care to minor patient .Fourth...
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Determination of paternity
Drábková, Alice ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The primary theme of the thesis is "paternity determination", an interesting part of private law. The goal of the thesis was to find juridical legislation that could be applied by legal institutions in the Czech Republic, and have been neither legally controlled nor properly spoken through. Also the thesis deals with surrogate motherhood institutes, same-sex parenthood, baby hatches and paternity determination of children, made by assisted reproduction. The thesis is divided into five chapters, which are divided further into sub-chapters. Following the introduction, the primary terms of parental difficulties, paternity determination and the term family are explored. The second chapter discusses motherhood institutes. It speaks primarily of surrogate motherhood's challenges, including other countries' attitude to this topic. The following chapter is about fatherhood determination, containing the juridical legislative analysis of the problem in the Czech law. The fourth chapter expands on the issues of same sex couple parenthood, and the forms of family coexistence. These issues are described in great detail from both the view of Czech law, and also as a global issue. The last chapter discusses the issues of baby hatches, and legislation regarding anonymity for those who utilize them in the Czech...
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Development of the marriage institute and its social changes reflection
Schmier, Petr ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The marriage represents the only legal bond between a man and a woman which is in the context of Judeo-Christian culture in a unique position. Now there is seen topicality of the theme, which confirms recent adoption of Act no. 89/2012 Coll., Civil Code, which despite a number of changes follows closely the legislation of family law. Despite of continuity typical for the family law, marriage itself is not immutable institute and it is constantly evolving so it fully immediate needs of the society. The summary of social values and their changes consistently reflects and shapes its current form; the marriage changed - that`s primary intent of this work. For the reason of the clarity is work divided into two main sections which are supplemented by a short explanation of the future trends in marriage in the Czech Republic. The subject of the first part is historical evolution of marriage, its beginning in ancient civilizations to the medieval conception strongly determined by the influence of Christianity over the rules contained in the ABGB to the modern conception. Internal organizational structure of each part of the first chapter is designed to be showed the broader ideological, economic, political and social background leading to the adoption of a specific law of marriage. Partial introductions...
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Compensation for personal injury to life and health with regard to the recodification of private law
Pavlová, Karolína ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The diploma thesis focuses on the approximation of law of compensation for bodily harm and death, and evaluation of its development especially in connection with the recodification of private law. The main objective of the thesis is to provide a comprehensive overview with emphasis on the most significant changes that occurred in connection with the recodification, and its evaluation. The first chapter deals with theoretical basis of the duty to provide compensation for harm, since the formation of such a duty is a prerequisite for granting compensation. Besides the reasons that lead to the formation of the duty, individual pre-conditions of the duty are discussed as well. These pre-conditions are unlawful act, formation of the damage, causality and fault. The second chapter deals with the concept of harm which replaced the previously more often used term damage. In addition, the second chapter also includes a general introduction to the compensation for bodily harm and death, which is related to the following chapters. The third chapter is a key point of the whole thesis, as the recodification of private law influenced the most compensation of non-pecuniary damage for bodily harm and death. The principle of full compensation for suffered harm, hence the expiation of such harm according to the...
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Formation of marriage
Klivandová, Hana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This diploma thesis focuses on the analysis of the constitution of marriage legal regulation in the new Civil Code and the relating legislation. Primarily, it deals with the concept and the purpose of marriage, along with the moment of its constitution and, it outlines alternative forms of entering into marriage. The thesis further analyses the difference between the civil and religious marriage. The major chapter is devoted to entering into marriage with an international jurisdiction conflict because the number of marriages between Czech citizens with foreigners continues to increase. It becomes more frequent that the Czech citizens enter into marriage abroad. At the end, the causes and consequences of the putative marriage and the invalidity of the entering into marriage are examined.
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Culpa in contrahendo
Kolářová, Kateřina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Culpa in Contrahendo Resumé The aim of this degree work is to introduce the institute of pre-contractual liability and its practical application. The work focuses on the position of this institute in the Czech legislation, its classification in the system of laws before the recodification of civil law, and its express regulation in Act No. 89/2012 Coll., Civil Code. Much attention is devoted to rulings of the Supreme Court of the Czech Republic and its approach to the application of pre-contractual liability in specific cases. The degree work is divided into seven chapters. The first chapter defines the term 'Culpa in contrahendo', describes its origin in the work of a German jurist of genius, Rudolf von Jhering, and outlines the origin of the institute in Roman law. In this chapter is also a description of the first case of pre-contractual liability, 'Linoleumfall', which was resolved by the Imperial Court. The chapter also contains an overview of instances of pre-contractual liability embodied in foreign judicial codes. The second chapter describes the regulation of pre-contractual liability in the Czech body of laws before the recodification of civil law with illustrations of individual facts in issue formerly contained in Act No. 40/1964 Coll., Civil Code, and Act No. 513/1991 Coll., Commercial Code....
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Apartment lease termination
Vacek, Aleš ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The diploma thesis is focused on the apartment lease termination. The goal of the thesis is to analyse legislation of the ways of apartment lease termination which are the most important in practice. Specifically it includes an agreement, an expiry of the period, a notice and a death of a lessee. Another goal of the thesis is to identify and aim at shortcomings of the current legislation and also to propose their suitable solutions. The thesis consists of introduction, three parts and conclusion. It draws information from legal regulations, legal literature, case law and other. The first part of the thesis deals with general characteristics of apartment lease and its termination. The legislation, basic features of apartment lease and its termination are described there and also the classification of the ways of apartment lease termination is done there. The second part of the thesis describes the ways of apartment lease termination except notice. At first the attention is concentrated on an agreement about apartment lease termination, mainly its form and consequences followed from a breach of the form. Then the thesis is focused on apartment lease termination by expiry of the period and also on renewal of lease which relates to it. Subsequently problems of a death of the lessee and the passage of...
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A Non Lege Artis Procedure as a Primary Precondition of Liability for Personal Injury
Šrobová, Linda ; Thöndel, Alexandr (referee) ; Salač, Josef (referee)
The thesis is focused on infringement of healthcare providers, which might be committed in case of violation of contract appointed duty. Such method is referred to as non lege artis. Shall patient enforce his title to compensate bodily harm, non lege artis is the primary assumption of provider's civil liability for health damage origin of the patient. This work addresses the introduction of legislation in this matter; in fact both legislation on health care incorporated in the Commercial Code, and also it is in some parts returning to the old legislation contained in the Civil Code, because most of court ruling from this area relate to the provisions of the Civil Code. The goal of my thesis is to use legal and extralegal analysis, court ruling, foreign literature and practical cases to interprete the concept lege artis/non lege artis and concentrate on particular situations, where the healthcare provider uses non lege artis method. Individual non lege artis cases were evaluated thank to specification of particular duties of healthcare providers. Regarding the fact that we can view lege artis/non lege artis method in dual approach, concretely lege artis stricto sensu/lege artis largo sensu, my thesis also dealt with the interpretation of this dual approach. Procedural aspect of this issue was not...
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