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The Calculation Of The Amount Of Material Injury Caused By The Forests In The Areas Of Implementation Of Water Management Structures
Bureš, Petr ; Čermák, Jan (referee) ; Vala,, Vlastimil (referee) ; Alexandr, Pavel (advisor)
Problem situations in damage to forests as a result of construction activities is the total of its quantification, because of not only to damage to the forest and the land intended for the performance of the function of the forest, but also to damage to the water feature of the forest. The emergence of the crop damage and forest grounds occurs at the same time damage to the management. Broken water conditions on the forest grounds, inter alia, that the environmental damage (or one of its components), are also material injury for the owner of the forest, because it directly affect the amount of the additional costs linked to its management in the forest. The existing decree MZe ČR no. 55/1999 Coll. on the method of calculating the amount of loss or damage caused to forests assesses only the injury or damage to the forest and the land intended for the performance of the functions of the forest, but does the forest and its other non-production function as a forest ecosystem. The damage (the material injury) on the water feature of the forest is not the above mentioned decree dealt with. Initially formulated the problem lies in finding the right way of solving how to objectively quantify the financial damage to the forest, inc. damage to the water feature of the forest and thus closer to the actual damage to the exaktnosti forest, resulting in direct connection with the location and the realisation of the buildings.
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Compensation for damage caused by wild animals
Tichý, Ján ; Fabšíková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
Compensation for damage caused by wild animals Abstract This thesis deals with the comparison of the institutes of compensation for damages caused by wild animals within the legislation of the Slovak Republic and the Czech Republic. The common denominator of these institutes is the fact that the object that caused the damage (i.e. the wild animal) has no legal owner, it is res nullius. Therefore, the legislators in the compared legal systems created these institutes in order to avoid the 'unregulated' hunting of the animals in question. The thesis consists of four main parts, in the first part I discuss the theoretical background, definitions used in different legal systems and their equivalents. In turn, I define terms such as animal, animal, game, wild animal, specially protected animal, designated animal, and so on, depending on which term is used by which legislator. The first part is thus the theoretical basis for the following parts of the thesis The second and third parts are largely similar, as I have kept their system of treatment as similar as possible. The second part contains a detailed analysis of the Act on the Provision of Compensation for Damages and the Hunting Act (to the extent that it regulates compensation for damage caused by game). In this part, I analyse the legal regulation of these...
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Comparison of the legislation of liability for damage in the Czech and Austrian civil law
Lorenc, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Comparison of the legislation of the damage liability in the Czech and Austrian civil law". The purpose of the thesis is to give the general summary of the topic and to point out the main differences and similarities in the area of damage liability in the Czech and Austrian civil law. The core of the thesis consists in the comparison of the tort liability, i.e. damage liability arising from the illegal act (tort law) and the strict liability. The thesis should also verify, if the legislation of the damage liability in the traditional Austrian Code - Civil Code of Austria - is similar to the legislation in the Civil Code of the Czech Republic and if the Civil Code of Austria was an inspiration for the new Czech Civil Code. The thesis is composed of six chapters, the core could be found in the chapter two, four and five. Chapter One is a historical introduction and it describes the evolution of the civil law in the Austrian and Czech area. Chapter two is focused on the basic terminology and the key terms such as "damage liability" and "damages" and the constitution conditions of the damage liability as well as damages. The chapter gives a description of the main differences and similarities in the terminology in the both Codes. Chapter three examines the...
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Economic Analysis of Law in the Field of Liability for Damage
Przeczek, Michal ; Bažantová, Ilona (advisor) ; Borkovec, Aleš (referee)
Economic Analysis of Law in the Field of Liability for Damages This thesis focuses on the application of economic analysis of law, which is an approach enabling an alternative view of legal institutions because of its specific methodology. Although this theoretical school originated in the common law system, which is still its realm, the thesis shows potential overlaps to the system of civil law. Questions concerning civil liability for damages are examined as an example of a possible application. The initial chapter of the thesis is concerned with introducing the economic analysis of law. At first, it briefly describes its historical development including links to some related schools. Foundations, areas of resesarch, basic concepts and methodology are also examined in this chapter. The specific application of economic approach in relation to civil liability for damages is discussed in the second part. It describes the choice between negligence and strict liability, problem of causation and procedural aspects of claims for compensation for damage. Special attention is drawn to the Learned Hand test established by case-law as a method to assess the conditions of liability. This method is based on considering economic criteria using a cost analysis. The part dealing with behavioral findings extending...
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The responsibility of an employee for domage
Hinterbuchner, Lukáš ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
Thesis title: The responsibility of an employee for damage The subject of the thesis is the responsibility of an employee for damage. The thesis offers in the first place a comprehensive summary of the current legislation of the topic. The main purpose of the thesis is to summarize the legislation of the labor- law and of the employee`s responsibility for any damage done to the employer where for this purpose there are analyzed particular sorts of the responsibility distinguished by the Labor Code. In details there are described first of all specific conditions that must be fulfilled to claim the responsibility on the employee for the damage, the possibility of the employee to disclaim it is not neglected either. The thesis focuses on the main differences that distinguish the particular sorts of the responsibility from each other. An attention is given to the links between labor law and other legal codes, especially the civil one where the connection is the closest whereas the understanding of this mutual relation is very essential to understand the stated topic. The thesis is not formulated as only theoretical however there is a practical view of the topic included which is mingled mostly by decision-making practice of courts which generates some answers to unclear explanation of the legislations,...
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Liability for Damage and Compensation for Damage in Labour Law
OBORNÍKOVÁ, Barbora
This thesis deals with an employer´s and employee´s liability for damage and with different rights and obligations determined for each participant of labour law relations. At first different types of liability were described, as well as the matter of safety at workplace and prevention, specifically with the help of the Labour Code. This theoretical and legislative basis have been compared to the everyday reality in existing companies. Then I found out, how effective the system of prevention in companies is and how it shows its ability to reduce the amount of cases of damage compensation.
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Employee's liability for damage with respect to the case law
Mikulecká, Zuzana ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee)
Název diplomové práce v anglickém jazyce Employee's liability for damage with respect to the case law Summary The purpose of my diploma thesis is to analyse the main aspects of employee's liability for damage in labour law with respect to the current legislation and current case law. By using the analytic and descriptive methods the valid legal provisions are described and evaluated. The thesis is composed of eight chapters, each of them dealing with different aspects of liability of an employee. Chapter One is introductory and describes employee's liability in labour law in general. Following chapters examine relevant Czech legislation and related case law. Chapter Two presents the importance of damage prevention. The chapter consists of three subchapters. Subchapter One focuses on damage prevention and general obligations of an employee. Subchapter Two describes employee's special obligation to notify his supervisor in case of imminent damage. Subchapter Three investigates special obligation of an employee to take an action against imminent damage. Chapter Three relates to Chapter Two. It explains employee's liability for breach of obligations to take an action against imminent damage. The chapter consists of one subchapter which addresses the issue of measure of damages. Chapter Four is dealing with...
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Civil Liability in the Case of Disrespecting a Patient's Advance Directives
Mayerová, Vendula ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
Civil Liability in the Case of Disrespecting a Patient's Advance Directives The aim of this thesis is to analyse and describe the problematic of Civil Liability in the specific case of disrespecting a patient's advance directives by a medical. The institute of Advance Directives was first introduced in the Czech law by the Convention on Human Rights and Biomedicine in 2001 and later by the Law No. 372/2011 Coll., Act on Health Care Provision. Thought the Advance Directives cannot be considered as a new institute in the Czech law, it is hardly ever used in practice. There is no judicature and practical knowledge on the topic of civil liability in this case, and the insecurity causes that doctors do not feel like willing to respect the exceptionally occurring advance directives, because they fear the criminal liability they think that could arise if they did not provide the health care necessary for saving life of their patient. This thesis is trying to highline the importance of a patient's will. Meanwhile, it is pointing to the fact that even saving a patient's life can cause legal liability of a doctor. The thesis is primarily analysing and describing such liability within the general provisions on liability in the Czech Law and is also trying to give an insight to the problematic of potential...
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Public law context of ownership of a dog
Putík, Miroslav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
A dog owner does not only have rights, but also (and mainly) a lot of obligations. One of the aims of this work was to look at different areas concerning the ownership (holding) of a dog in relation to the actual public law regulations. Particular chapters reflect possible life situations, which have (especially from a point of view of public law) an effect on coexistence with a dog and (often negative) the impact (penalties) for a dog holder. Thematic areas are addressed, for example, purchasing a dog, his vaccination and other health and life conditions, the possibility of shortening a tail or ears, the admissible conditions and methods that permit the killing of a dog or the conditions and ways to bury a dog. Further mention is made of the possibilities of travelling with a dog (and also abroad), also described are the law regulations of dog fees and the generally binding ordinances of municipalities. Deeper consideration was essential in respect of the areas concerning misdemeanours and criminal offences, which can be commited both on a dog and by a dog (incl. veterinarian demands or animal cruelty). There are follow-up chapters concerning liability for damage and compensation for damage. A part of the work is dedicated to breed specific legislation concerning breeding some (so called "fighting" or...
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