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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Causal nexus in civil law
 Smička, Martin ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to provide an insight into the topic of causation in law and to acquaint its reader with the common methods of proving the causation before courts. Among the most used methods such as the 'but for' test, this paper focuses on specific aspects of this topic which were introduced to the Czech legal system together with the adoption of the Civil Code 2014. The thesis also includes description and analysis of alternatively used methods of proving 'multiple causation' cases such as the theory of 'loss of chance' and 'pure economic loss'. Among this analysis the comparison between Czech and British legal system is used extensively. The core of this thesis is the effort to confirm or to refute the hypothesis that despite the Czech legal system does not officially recognize distinction between 'factual causation' and 'legal causation' as it is done in the British legal system, methods from both categories are actively used by Czech courts. This paper also aims to analyze whether, due to the fact that recognition between 'factual causation' and 'legal causation' is not explicitly expressed in the Czech legal system, does exist any negative or positive impact on judicial decisions. The last goal of this thesis is to demonstrate whether, similarly as in the British law, the significant number...
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Causation and foreseeability in private law
 Vlčák, Martin ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Causation and foreseeability in private law The issue of this thesis is the causation and foreseeability in private law. The aim of this diploma thesis is to provide comprehensive view of both presented legal institutes and their significance in law. This thesis especially focuses on detailed analysis of procedure of proving the causation and introduces the most significant issues arising from this proceeding. Introduction is aimed at the function and especially at detailed definition of the term causality not only in law, but also in the area of natural sciences. It defines the term foreseeability in the same way. Moreover, it defines conditions that considerably affect foreseeability. Consequently, it aims to provide the relation between foreseeability and causation. This thesis also deals with the significance of causation from the perspective of legal liability. In this context, it mentions the issue of causally relevant conditions. On this basis, this paper tends to its core which consists of detailed analysis of methods of proving the factual causation. Universally accepted method of proving factual causation is considered the 'conditio sine qua non' test. However, this test is found to be ineffective in cases of causal uncertainty. Therefore there are more effective instruments for equitable...
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