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Satisfaction of non-property harm
Skorkovská, Tamara ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This master's thesis deals with compensation of non-pecuniary harm to health. It aims to analyze conceivable methods of compensation of non-pecuniary harm and individual claims arising from harm to health. They are compared with the previous legislation, selected foreign legislation and also with European soft-law documents. Subsequently I analyze the advantages and disadvantages of the different approaches. Non-pecuniary harm to health represents an area of law with steadily increasing importance. Not only there are further claims arising from harm to health enacted, but also the amount of damages granted grows exponentially. The Civil Code has brought new issues as well as a number of questions, out of which not all have been sufficiently analysed so far. The thesis is divided into three chapters. The necessary theoretical basics are described in the first one, that means the term of non-pecuniary harm, general rules relating to its compensation, short description of the historical development as well as the legal sources, including the European soft-law documents (PETL, DFCR). The second chapter addresses the individual claims of the injured party arising from harm to health. The type of claims, the requirements to be fulfilled in order to uphold the claim and especially the way of determining...
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Protection of personal rights with special focus on right to health
Sošková, Adéla ; Hendrychová, Michaela (advisor) ; Elischer, David (referee)
This thesis called "Protection of Personal Rights with Special Focus on Right to Health" deals with a specific part of the area of personal rights, which protects core values, expecially life, health and other human rights. We can find the legislation dealing with protection of personality in regulations of various legal force. This thesis specializes in the analysis of civil law and special regulations, especially the expanding area of medical law. The thesis highlights the dynamic development of the protection of personal rights in the Czech law, especially the expansion of rights and obligations of patients and healthcare staff in connection with the recent recodification of private law. Nowadays there are a lot of specific legal and illegal interventions to someone's personal rights. The thesis analyzes various methods of protection against this specific illegal interference related to historical consequences and the thesis also contains some ideas, how to change the legislation for the future. It also includes a brief analysis of Czech and foreign judicature, which can help with understanding the comprehensive questions in the area of protection of personal rights.
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Compensation for non-pecuniar damage caused by the excessive lenght of legal proceedings in Czech law
Knappová, Žofia ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis deals with the right consequences of violating the right of every participant of judicial proceeding, that in court proceedings on consideration of their cases within a reasonable time and without undue delay. In case of violation of the rights of the formation of the State's liability for harm suffered as a result of maladministration consisting in the excessive length of judicial proceedings. Thesis focuses mainly non-pecuniary damages incurred as a result of maladministration consisting in the excessive length of the proceedings and the forms of compensation, which allows Czech legal order. The lenght of civil proceedings may be considered excessive in case the lenght does not respond to the complexity of the case and its significance for the participants, even if there are no delays in court actions. There is a strong but reputtable presumption that excessively long proceedings causes non-pecuniary damage. Several types of remedy may redress the violation appropriately. The first form of satisfaction is so called pronouncement of excessivelly long proceedings. The pronouncement constitues the basic form of satisfaction. The victim is provided with financial compensation in case the pronouncement of excessivelly long proceedings is not considered sufficient and the non-pecuniar...
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Mode and scope of damages
Janurová, Petra ; Thöndel, Alexandr (advisor) ; Salač, Josef (referee)
in English This diploma thesis deals with the manner and extent of compensation for damage in civil law, which is systematically included in the fourth part of the Civil Code, entitled Relative property rights and in section named Obligations arising from torts. Specifically, the manner and extent of compensation for damage is defined in articles from 2951 to 2971. The thesis contains basic comparison of the conceptions of the manner and extent of compensation in the former Civil Code and in the new one, with emphasis on the most important reforms. It clarifies new terminology and describes the background of the newly established rules of law. It contains an analysis of the Czech legislation and its comparison with legislation of the neighboring states. It also mentions the European conception of the manner and extent of compensation for damage. The system of the thesis follows the organisation of the provisions on the manner and extent of compensation in the new Civil Code and is also divided into three chapters. The first one deals with compensation for material damage. Its main issue is the manner and extent of the material compensation and the conditions for its reduction. It also contains a provision on compensation for damage caused by an intentional criminal offence and rules for determining...
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Compensation for injury to the natural rights of man
Havlíčková, Jana ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This rigorosum thesis deals with the harm to natural rights of men and its compensation after a private-law recodification. As part of the problem addressed, the main objective of this thesis is to provide a comprehensive overview of claims for compensation for immaterial harm that the injured and the so-called secondary victims may assert against the wrongdoer when their natural rights are infringed following the effect of the new civil code (i.e. after 1 January 2014). An introduction into the problem and outline of the related current legislative changes is given in chapter one. The second chapter discusses the general meaning of the term natural rights of men and gives an overview of individual provisions of the first head of the new the civil code, which openly recognizes such rights and provides for their protection. The third chapter, being a theoretical one, provides answers to the question of what prerequisites must be complied with to give rise to an obligation of the wrongdoer to compensate for the harm to the natural rights of men. This chapter represents a general input for a more detailed analysis of the new compensation system. The definition of the key terms and answers to the aforesaid questions is crucial for the central part of this thesis, being devoted to claims for...
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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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Special types of liability in civil law
Paarová, Jana ; Dvořák, Jan (advisor) ; Pohl, Tomáš (referee)
Thesis of the "Special types of liability in civil law" focuses on the regulation of specific types of liability contained in § 421 et seq. Civil Code. The work is devoted to the theoretical interpretation of the concepts of responsibility for damage, reflects the concept of unlawfulness and damages in the principles of European Tort Law, and also deals with the liability regime for damage in the new Civil Code. Theoretical concepts of liability are supplemented by case law, which is completed by these terms. The aim of this thesis is to evaluate the current rules of special types of liability in civil law, especially in the relevance of the new Civil Code, foreign legal concepts of liability and legal responsibility, the principle of European Tort Law, they also discuss the concept of legal changes liability adjustments in the new civil Code.
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Obligations arising from torts
Chyba, Petr ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The bachelor thesis is about obligations arising from torts according to the contemporary legislation in the Civil Code. This thesis deals with tortious liability in civil law and the aim of the thesis is to analyse this legal institute. The bachelor thesis serves coherent summary of particular aspects of tortious liability. The thesis is divided into five chapters. The first chapter deals with general liability from the view of the theory of law, theoretical conception of liability in civil law and prevention of damage in civil law. The second chapter is dedicated to formation of duty to provide compensation for damage, especially to particular elements of tortious liability and then to defences. The third chapter is focused on general liability in tort, entities with duty to provide compensation for damage, manner and extent of compensation for harm to assets and non-pecuniary harm. The fourth chapter describes cases of special tortious liability. The fifth chapter is dedicated to compensation for harm to the natural rights of an individual, especially to compensation for bodily harm and death.
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Compensation for immaterial damages in the Czech Republic and Germany
Vítková, Klára ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
This thesis deals with compensation for immaterial damages in the Czech Republic and Germany with focus on personal injuries and a specific question of wrongful birth and wrongful life actions. Its aim is to describe the differences between both legislations. In the first part my work is concerned with a theoretical analysis of the conditions of damage liability in the tort law in both countries. The second chapter follows up with the definition of material and immaterial damages and the way and extent of their compensation. The third one is concentrated directly on personal injuries, it introduces the term and the range of persons entitled to a compensation and it analyses the way and extent of the compensation for personal injuries (above all the damages for pain and suffering) in the Czech Republic and Germany, with specific emphasis on the Methodology of the Czech Supreme Court on the compensation for immaterial damages in case of personal injuries. The fourth chapter is focused on an ethical and legally complicated question of wrongful birth and wrongful life actions.
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Compensation for material and non-material damage under the new Civil Code
Kravčáková, Dorota ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
On the 1st January 2014 came into force the Act no. 89/2012 of Collection of Laws., or the new Civil Code. In the recodification of Czech private law it is considered to be the most important piece of legislation. My bachelor thesis Compensation for material and non-material damage under the new Civil Code highlights the most important changes and impacts that a new Civil Code brought in the position of the victim, points to new cases of damage or injury, as well as new ways of compensation.
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