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A Theoretical Conception of Just Satisfaction under Recent Law - Selected Issues
Janeček, Václav ; Beran, Karel (referee) ; Tryzna, Jan (referee)
As it is apparent from its title, the overall aim of this study is to analyse the theoretical conception of just satisfaction. Satisfaction is a type remedy which is being awarded for non-pecuniary loss, i.e. for loss on all rights other than those which a person can own or translate. In this work I look at (1) basic categories of the conception of just satisfaction and (2) on their mutual relation. Then I also ask, (3) when it is possible to award just satisfaction, (4) what kind of non-pecuniary loss a claimant can sue, (5) how it shall be repaired, and finally (6) under what circumstances the award of just satisfaction can bear punitive or preventative function. This study is divided into nine chapters. First I look at linguistic and juristic meaning of the notion satisfaction (chapter 2 and 3). Then, I delve into the system of delictual liability and the role of just satisfaction in this system. Here I also use a comparative method of research. In this system I ask on the relation between negligence and strict liability. In the same, third chapter I look for and analyse basic characteristics of just satisfaction in relation to damages. This brings me to more basic question on the elementary conditions from which the remedy in question and also damages in general can arise. Thus in the fourth, longest...
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