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Liability in Public Health Insurance System in the Czech Republic
Kops, Richard ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
MMGGRR.. RRIICCHHAARRDD KKOOPPSS OODDPPOOVVĚĚDDNNOOSSTT ZZAA ŠŠKKOODDUU VV SSYYSSTTÉÉMMUU VVEEŘŘEEJJNNÉÉHHOO ZZDDRRAAVVOOTTNNÍÍHHOO PPOOJJIIŠŠTTĚĚNNÍÍ VV ČČEESSKKÉÉ RREEPPUUBBLLIICCEE RRIIGGOORRÓÓZZNNÍÍ PPRRÁÁCCEE AAbbssttrraacctt iinn EEnngglliisshh The thesis is based on an explanation of the main legal principles of payment of medical services via public funds - public health insurance, and demonstrates various possibilities of application of liability. Responsibility springing from the Civil Code is compared with a special institute of compensation (reimbursement) of the costs paid for health services due to the unlawful action against the insured, in order to stress the subsidiarity of the Civil Code and to outline the practical difficulties of interpretation. Liability and the compensation mentioned above are being analyzed in general at first and more deeply afterwards, always tied to some of the benefits in kinds - allowances of the public health insurance system. Although the author collides and struggles with the imperfections of existing legislation or its interpretation, he tries to make comprehensive, clear and practical tool for reader to make its own opinion if faced with these issues in practice.
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Primary and secondary liability of members of the board of directors against third persons
Mirčevský, Tomáš ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
The purpose of my Thesis is an analysis of primary and secondary liability of Members of the Board of directors agains third persons especially against creditors. The main aim of the Thesis is to provide a comprehensive explanation of how the law enshrined in the creditors'pursuit of their rights directly to the members of the Board compared with the international rules. The thesis is composed of tree chapters. Chapter one is a general introduction to an organization, functions, duties and responsibilities of a joint-stock company.The chapter is subdivided into three parts. Part one describes generaly the Board of directors and focuses on its nature, actions, as well as on the casting of its members, on the membership itself and the relationship between the company and its members.The part two targets the rights and obligations related to executing the function given. Part tree pays attention to the responsibility and lability of Members of Board to joint-stock company. Chapter two examines relevant Czech legislation of legal personal lability of Members of the Board, who took part in establishment and managment of the legal entity. This chapter, too, consists of tree parts. Part one deals with individual regulations of the personal liability of Members of the Board. Part two elaborates on the...
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The relationship between liability for damage and liability for defects
Rozinková, Lucie ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
People encounter civil relationships in everyday life, thus the civil law follows a human being from his/her birth to death. Obligation relationships can arise not only at the basis of law actions, predominantly contracts, but also from illegal actions and by law qualified events, which lead to an origin of damages or a defect in an object of fulfilment. Both, liability for damage and liability for defects represent significant part of civil law and belong among the most discussed problems in law theory. The aim of this thesis is to focus on mutual relationship between liability for damage and liability for defects according to the Act No. 40/1964 LC., civil legal code, and to present important terms with a consideration of a rich judicature in this area. Some of the differences between liability for damage and liability for defects according to the Act No. 513/1991 LC. are explained briefly; since the commercial law modification would deserve a separate thesis. This thesis consists of six chapters which are further separated into individual subchapters. The first chapter is dedicated to the liability in general and its law- theoretical explanation and specification of the term civil liability. The second chapter called "Prevention of damages in civil relationships" tells about prevention of origin...
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Damages in medical malpractice
Maturová, Magdaléna ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis is to analyse legal regulations of damages in cases of medical malpractice. The reason for my research is the increasing number of the above - mentioned cases in Czech Republic as well as the fact, that the contemporary legal regulations seem to be unsatisfactory, in particular with regard to damages for pain and suffering. The thesis is composed of seven chapters, each of them dealing with different aspects of damages in medical cases. Chapter One and Chapter Two are introductory and define basic terminology used in the thesis: Medical facility, medical staff, informed consent and lege artis performance. Chapter Three examines liabilty according to the Czech Civile Code in the general way, regarding to it's functions. Chapter Four is focused on the liability in cases of medical care and attempts to zoom in the characteristic features of such cases. The chapter is subdivided into four parts and provides an outline of relevant Czech regulations of liability. Whereas part one is intoductory, part two targets an obligation to prevent damage. Part three describes general liability according to the provision of § 420 of Czech Code Civile and provides an analysis of its particular presumptions such as (i) infringement of a legal duty, (ii) damage, (iii) causality and (iv)...
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Liability for damage under Insolvency Act
Kovacs, Stanislav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of the thesis is, based on analysis of the institute of liability for damages in the Insolvency Act and related legislation, to characterize the institute of liability for damage in insolvency law and to define its position within the system of sanctions, to identify links to private and public (including criminal) legal norms, to present concrete examples from existing case law to address some unclear areas of existing arrangements and to identify and to describe changes resulting from the new regulation of the institute of liability for damages in the new Civil Code. The thesis is divided into two parts, the general (conceptual) and specific (critical). The general part is divided into four chapters. Chapter one summarizes the theoretical background of the institute of liability for damages. Chapter two provides an overview of the general private law liability for damages and fundamental differences on liability for damages in the old and the new Civil Code. The third chapter is devoted to a specific rules on liability for damages in the Insolvency Act. Chapter four discusses the different possibilities of a claim for damages or other harm. The special part is devoted to analysis of the facts of liability for damage governed by the Insolvency Act. Individual facts of case are systematically broken...
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Legal regulation of liability insurance
Velich, Roman ; Elischer, David (referee)
Legal regulation of liability insurance Abstract This thesis aims to give a comprehensive and logically structured interpretation of the subject of the regulation of liability insurance in private law of the Czech legislation, placing special emphasis on its practical application in the context of the current judicial decision-making practice. Although being one of the most popular insurance products on the Czech insurance market, liability insurance is given relatively little attention in specialized literature with the exception of the specific area of motor vehicle liability insurance. Therefore, this thesis focuses in particular on the general regulation of liability insurance stipulated in Sec. 2861 - 2867 of the Czech Civil Code. In this thesis, liability insurance is considered to be primarily an obligation relationship, with the thesis structure adjusted accordingly: one by one, it discusses the establishment, subjects, object, subject-matter and finally the termination of the legal relation. The main part of the thesis looks at the subject-matter of the liability insurance legal relation with a detailed analysis of the basic rights and obligations of its parties. A separate part of the thesis specifically covers the entitlement of the insured to sue in terms of the procedural implementation: a...
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Mačenbacher, David ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
Resumé The Internet and copyright - the scope of liability of individual parties and modes of protection against piracy. The main purpose of my graduation thesis is to analyze and evaluate the current situation in copyright law, with an emphasis on the general liability of the Internet Service Providers and other respective subjects in the information society. An inseparable part of this thesis is an overview of international treaties, European law and national law. The final part highlights new trends in copyright piracy with the provisions for combating these. From my perspective there are two reasons why this topic attracted my attention. Firstly, I could hardly hide my personal interest as a person who is a computer specialist by profession. Secondly, copyright law is a subject of perpetual and significant change, inspiring new ideas and new approaches. The work is divided into five chapters, which are divided into various subchapters. An introduction to the topic is broadly provided in the first and second chapter which describes this new medium of the Internet from several angles. These points of view often go far beyond copyright law, describing the axioms of constitutional law and the principles of humanism and human rights. These principles are threatened considerably in the globalised society with...
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The Internet and copyright-the scope of liability of individual parties and modes of protection against piracy
Ouroda, Tomáš ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Diploma Thesis Summary The Internet and the copyright - the scope of liability of the individual entities and ways of protection against the piracy This thesis is focused on liabilitiy of the individual entities occurring on the Internet and piracy issues. It is primarily an analysis of how individual subjects may be responsible for violations of copyright rules. The aim of this thesis was not complete processing of all relevant aspects of piracy and the resulting responsibilities, but in particular to highlight the most topical issues discussed. I chose the topic because of personal interest to study the dynamically developing field of information technology law and intellectual property law. The work is divided into eight chapters, each dealing with a problem with this topic. The first two chapters talk about Internet in general and the ability this the Internet law to push through the Internet. Mentioned are mainly questions the legitimacy of law on the Internet, the reasons for the existence of the Internet law and especially the importance of copyright protection. Part three charts the formal sources of copyright in the digital era adapted to works of authorship. The focus of relationships on the Internet are issues of determining jurisdiction and applicable law, as described in Chapter Four....
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The Internet and copyright-the scope of liability of individual parties involved (webhosting, connection providers...) and modes of protection against piracy (identification and punishment of a pirate...)
Kvasnička, Filip ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The main goal of this thesis is to analyse to what extent piracy on today's Internet is spread; who is responsible for unlawfully shared files from the legal point of view; how it is fought against copyright infringement; how it is possible to identify a person being responsible for copyright infringement and with what kind of punishment the person is to be charged. Moreover, this thesis focuses on in what way the issues mentioned above could develop and presents an outline of legislation changes which would lead to more effective copyright enforcing. The main reason why I have chosen the topic "The Internet and copyright - the scope of responsibility of particular subjects (webhosting, the Internet provider…) and means of protection against piracy (the pirate identification and their punishment…)" is that I find this law field very dynamic and likely to develop further, which makes it appropriate for my future career. What is more, I am close and interested in IT myself. I also believe that the real "boom" of lawsuits has not come to the Czech Republic yet resulting in a good opportunity. This work is divided into nine chapters, each chapter being split into several subchapters following the logical order. In the first chapter the reader is informed that piracy and fighting against it is not a...
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