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Punitive aspects of damages (legal and comparative analysis)
Janeček, Václav ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Czech courts regularly deal with a question of so-called just satisfaction; particularly, when, on what basis, and how much should be awarded. Just satisfaction, as a form of damages, is primarily compensatory. However, there are some indications that it is perfectly legitimate for law of damages to pursue also another aims than compensation such as prevention or punishment. This view was recently upheld by the Czech Constitutional Court and the Highest Court of the Czech Republic. According to doctrinal approach, it is the domain of punitive or exemplary damages as a specific Anglo-American instrument that covers these two principles (prevention and punishment). Still, the Czech Civil courts consistently refuse to award exemplary damages albeit they do not provide us any sound argumentation. The author of this article suggests it is inaccurate and only partial understanding of exemplary damages that causes the current judicial refusal of them. While focusing on current English and Czech law, the author in his article describes exemplary damages in great detail with respect to their theoretical, conceptual and systematic position. Subsequently, he shows that the negative attitude of the Czech courts is not always appropriate. First, looking at relevant case law, the article characterises what the...
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A theoretical conception of liability for harm caused by the birth of a man
Smetánková, Barbora ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
in the English language Title: A theoretical conception of liability for harm caused by the birth of a man In many legal orders a new types of legal actions have appeared (in relation to the development of new methods of diagnosing congenital diseases). In these types of legal actions the claimant seeks damages for the negligence of the doctor in performing these tests. These claims are referred to as "wrongful birth", "wrongful conception", and "wrongful abortion". The "wrongful life" claim is most commonly used in a situation where while performing prenatal screening the doctor does not diagnose the existing congenital disease and therefore fails to give the parents an essential piece of information, which might have made the parents decide to abort the fetus. The claimant in this case is the child itself, who substantiates the claim by arguing it should have never been born. The "wrongful birth" claim arises from the same situation, but the claimants are the parents of the child. They claim damages for the emotional pain and increased expences related to giving birth and raising a disabled child. In the case of the "wrongful conception" claim, the most common reason for using this action is a negligently performed sterilization procedure. The "wrongful abortion" claim can be used in a situation...
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Civil Law Liability of Directors
Váňa, Dalibor ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The thesis analyzes the civil law liability of statutory bodies, especially members of the board of joint-stock companies and managing directors of limited liability companies. The work is accompanied by the relevant case law. In thesis is first defined the concept of liability, principles of management and administration of corporations, and principles of acting on behalf of companies. Followed by a historical overview of the issue, particularly in relation to the Commercial Code (Act no. 513/1991 Coll.). The thesis deals with theoretical analysis of liability, assumptions of liability and other related issues. The main focus of the work is the analysis and comprehensive approach to legal institutes duty of care, duty of loyalty and the business judgment rule. The work includes a comparison of legislation contained in the already canceled the Civil Code and Commercial Code with legislation contained in the currently valid and effective Civil Code (Act no. 89/2012 Coll.) and the Business Corporations Act (Act no. 90/2012 Coll.). The thesis also deals with issues of legal guaranty of members of statutory bodies in connection with the bankruptcy and causing damage to the company. The work also includes a comparison of selected foreign jurisdictions. In the end is presented synthesizing conclusion...
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The impact of the new Civil Code on liability insurance
Klierová, Irena ; Ducháčková, Eva (advisor) ; Rybák, Zdeněk (referee)
On 1 January 2014 the new Civil Code, the most important piece of legislation, has come into effect. It is a part of large recodification of the Czech civil law. This thesis, "The impact of the new Civil Code on liability insurance", points out the most significant changes and the implications which effects, among others, the insurance sector. The first part of the thesis addresses mostly the theoretical concept of liability, the elemental preconditions of liability and methods of compensation for material and immaterial damage, including comparison of claim rights under former legal norm and the current legal norm. It also mentions the ambiguity in law in case of compensation for work-related injuries and occupational diseases. The second part of the thesis is dedicated to describing the process of implementation of the new Civil Code to operation of insurance companies from both legal and financial point of view. This includes evaluation of the impact of the changes on settlement of compensation claims for immaterial damage from the first available data. The third part is focused on the characteristics of liability insurance and its construction. It includes basic breakdown by legal bindings and a description of types of liability insurances. The conclusion contains overall assessment of liability insurance on the Czech insurance market.
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