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Distributive justice in the health sector in the context of the rationalization of health care
Horák, Zdeněk ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Distributive justice in the health sector in the context of the rationalization of health care This paper should briefly introduce the major principle of health service in the Czech Republic but also practised in most developed countries. Distributive justice is a system of accumulating and redistributing wealth in order to seek balance in society. In health sector it is most commonly associated with rationing i.e. distribution of limited and costly medical sources among those who are in need of medical care in a justifiable way. Not to be mistaken distributive justice with social justice even though there is a fine line between the two. The thesis is divided into fifteen chapters each describing certain aspect of distributive justice in the health sector or a related issue. Opening chapters are dedicated to theoretical, historical and philosophical overview; following part contains single elements of distributive justice both in general and in context of health care. Issues of medical standards and regulatory charges are discussed in subsequent chapters with regard to recent case law of the Constitutional court. In conclusion the problem of distributive justice in health care can be approached from two different points - communitarian and liberal. These issues are also political, philosophical and...
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Damages in cases of bodily injury and death in Czech and French civil law
Moravcová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Résumé L'objectif de ce mémoire, c'est la comparation d'indemnisaton du dommage corporel en cas de survie ou en cas de décès de la victime dans la législation et surtout dans la jurisprudence tchèque et française. Il s'agit surtout des aspects des postes particulières indemnisables et ses critéres. L'accent particulière est mis à la responsabilité civil subjective d'accidents médicaux. Les chapitres d'introduction s'agissent des questions de la protection de la santé comme une liberté fondamentale et droit naturel de chacun. Ainsi des questions de la résponsabilité, surtout civil et subjective. Vu la nouvelle codification d'indemnisation du dommage corporel en cas de survie ou en cas de décès de la victime, prévu dans le nouveau code civil tchéque nř 89/2012, le mémoire compare, avant tout, des critéres d'indemnisation du dommage corporel et ses aspects avec la réglementation précedente. Il s'agit surtout des postes extra-patrimoniaux car ces postes étaient fixé soit par le décret de Ministère de la santé, nř 440/2011, en vertu des régles postérieurs, soit dans l'article 444 alinéa 3 du code civil, nř 40/1964, en vertu des régles postérieurs. Vu que ces principes étaient le sujet trés critiqué, même dans l'exposé des motifs de la loi nř 89/2012, code civil, des principes ont été changés radicalement soit...
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Legal aspects of a parallel trade in drugs within the EU
Bečvářová, Tereza ; Šustek, Petr (advisor) ; Salač, Josef (referee)
5.Abstract Title: Legal aspects of a parallel trade in drugs within the EU Key words: single market, parallel trade, price regulation, pharmaceuticals Parallel trade is one of the most distinctive benefits of the European single market. In a simplified way, parallel trade is legal importing of drug from one country where it is legally marketed into a second country where the marketing authorization holder also markets that product, but without the consent of the marketing authorization holder. Price regulation of medical products makes parallel trade of drugs questionable. Final price for customer is not result of an independent decision of pharmaceutical company but it is given by relevant authority often regarding the spending power of citizens. Wholesalers are taking advantage of these price differences when they are buying cheap drugs in low-price countries and selling them with profit in countries where drug price are higher. In theory this practice should deliver significant saving for patient and national healthcare insurance system in destination countries due to lower price of parallel traded drugs. However many studies show minimum impact on drug price in these countries since wholesalers retain great part of the financial benefits. On the other hand, negatives of parallel trade are evident. Drug...
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Damages for personal injury
Molnár, Peter ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damages for personal injury The diploma thesis focuses on the analysis and evaluation of the recodified legal regulation on damages for non-pecuniary loss arising from personal injury in the light of its comparison with the relevant English common law. On the background of the historical evolution of the method for assessing the amount of damages for non-pecuniary loss arising from personal injury, as well as through the comparison of Metodika Nejvyššího soudu k náhradě nemajetkové újmy při ublížení na zdraví (bolest a ztížení společenského uplatnění podle § 2958 občanského zákoníku) with Guidelines for the Assessment of General Damages in Personal Injury Cases, the diploma thesis arrives at a conclusion in favour of the development and application of the former, which it deems to have been a suitably chosen pre-emptive measure that would allow Czech legal practice to approach damages for non-pecuniary loss arising from personal injury in a consistent and proportionate fashion right from the moment of the coming into effect of Act No. 89/2012 Coll., the Civil Code, without having to overcome a period of relative legal uncertainty, during which standardised amounts of damages would have been developed through judicial practice, as was the case in the English common law. As regards the...
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Acquisition, Protection and Limitation of Ownership
Lamačová, Jana ; Salač, Josef (advisor) ; Plecitý, Vladimír (referee) ; Petr, Bohuslav (referee)
The objective of my thesis was to provide a comprehensive survey on ownership as a legal institute and one of man's important values. It should be presented in the historical context and its development should be drawn up both over the course of several centuries and through various communities of people, whether under a totalitarian regime or free. My thesis consists of 4 major parts. Part 1 is dedicated to Roman law and includes chapters on the subject of ownership, acquisition of property, protection of ownership and limitations of ownership. Part 2 describes the development of ownership in our country. Specifically it analyses the General Civic Code - ABGB, Civic Code - 141/1950 Coll. and Civic Code - 40/1964 Coll. My objective was also to give at least a partial insight into the legal regulations regarding ownership in other states. Given the fact that this is an extensive matter, it appeared to be most effective to do a survey of ownership at the constitutional level in EU countries, namely Spain, Germany, Luxembourg, France, Greece, Portugal, Lithuania and Hungary, see Part 3 hereof. I assumed a more detailed treatment of ownership at the constitutional level would be applied in western countries. However, this hypothesis turned out to be wrong at least in the cases of Spain and Luxembourg....
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Civil disputes between doctor and patient in medical healthcare
Valuš, Antonín ; Macková, Alena (advisor) ; Uhlíř, David (referee) ; Salač, Josef (referee)
Civil disputes between doctor and patient in medical healthcare The issue of civil disputes between doctor and patient in medical healthcare is characterized by a high degree of interdependence of substantive and procedural questions. The main issue here is inequality between doctor and patient in their relationship, which is based more on factual inequality than inequality in rights. The patient as consumer and therefore the weaker party has limited access to relevant information concerning the subject of the relationship between doctor and patient. On the other hand, a doctor is a subject which has in its power almost all the relevant information. As can be seen, for a given relationship is characteristic a high degree of inequality of information. This inequality, which arises in the relationship always, is not sufficiently addressed by the substantive regulation and its effects are present in subsequent court proceedings in the form of an information deficit. Intention of this paper is to present the fundamentals of the relationship between physician and patient, the reasons for the information deficit and its consequences in legal proceedings and ways of its compensation. The aim is to assess whether the current regulation is to ensure equality between doctor and patient with emphasis on the...
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Liability for Defects in Civil Law
Poskočil, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Liability for Defects in Civil Law The goal of my thesis is to analyze the legal institute of liability for defects in the Czech Civil Law. The main focus is on the Civil Code, complemented by other relevant regulations in the area of liability for defective goods. Due to a major new private law codex that will replace the current Civil Code starting year 2014, thesis also includes new legislation overview and its comparison to the old one. The goal of this paper is to both describe and analyze the issues regarding the liability for defect, its impact and practical aspects related to it. My work draws from current literature and for a better overview of the matter also presents some judicial cases dealing with liability for defects. Thesis is divided into several parts, each dealing with different aspect of liability for defects. First part introduces a reader into civil liability in general and describes its systematics. Next part deals with a current legislation that regulates a civil liability. Third part already goes through the liability for defects and its different dimensions. Fourth part focuses on liability for defects in relation to consumers. In the next section thesis describes different aspects of liability for defects. How the liability for defects is established is a content of the fifth...
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Responsibility for the debts of the testator
Tremlová, Renata ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
- The work outlines the general and practical issues of liability for the debts of the deceased - the heirs or he state of testator's property, which is subject to inheritance proceedings. The goal of any proceedings of legacy is especially good and if it's possible fast final end and the best satisfaction of testator's creditors and the related issues especially those, who bears the responsibility of testator's debts. - After a general summary of responsibilities, the work focuses on the precise description and analysis of the trasition of responsibility for debs of testator to his heirs or to the state and opting out of this responsibility and payment of reasonable costs of testator's funeral and debts of the inheritance procedures, which are conclusion of the abandonmen of indebtedness heritage to creditors to pay their debts as the deceased and also the disposal of the heritage. - General treatises are supplemented by practical examples and a comparison with treatment in the General Civil Code, the Middle Civil Code, the upcoming Civil Code and Civil Code in Östereich. Individual types of the liability fot testator's debts are discussed in detail, summarized the advantages and problems, bringing each of the possible inheritance practices, its end and the acceptace of the responsibility. - The...
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The Protection of Personality in Media Law
Brostík, Ondřej ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The Protection of Personality in Media Law The aim of this thesis is to investigate and analyze legal relations arising from the protection of personality in terms of general civil law on the one hand, and on the other hand in relations to the institutes of media law. The thesis puts emphasis on the analysis of the relevant judicature because legal protection of personality is significantly amended by the case law. With regard to the future re-codification of private law in the Czech Republic, the thesis also pursues the question of legal protection of personality "de lege ferenda". The first chapter defines and specifies general terminology concerning the system of protection of personality. This part provides a comprehensive interpretation of the relevant regulations in the Civil Code concerning the protection of personality, describes the mutual relation between the terms, and points out some issues of the current legislation. In the second chapter the author focuses on the issues of media law. Special attention is paid to the analysis of the specific institutes of protection of personal rights in media law, the right of reply and the right of subsequent notification. The next chapter provides a detailed analysis of selected questions from the perspective of the relevant judicature. These...
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Marriage and its dissolution
Ryslová, Michaela ; Salač, Josef (referee) ; Hendrychová, Michaela (referee)
The subject of my thesis is "The marriage and its dissolution". In the first chapter of my essay I deal with define the basic concepts, marriage and family that are necessary for further interpretation. In the second chapter I deal with dissolution of marriage by death and declaration of death. The third chapter is focused on general questions of divorce which are common for three variation of divorce. I also write about historical development and mention procedural aspects. In the fourth chapter I deal with divorce according to § 24 paragraph 1 Act of family. The principal and major part of my work is focused on the status of minor children during divorce. The sixth chapter I focused on the divorce according to § 24a Act of family. The largest part I deal with contract according to § 24a paragraph 1 Act of family. Last part of my work desserts on the divorce according to § 24b Act of family. I compare past, current and future legislation.
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