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Civil liability of expert witnesses
Lukášová, Karolína ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Civil liability of expert witnesses Abstract This diploma thesis aims to point out the risks related to expert assessments as well as describe the kinds of harm that the violation of expert's duties can cause. Furthermore, the thesis also presents the options for seeking redress in such cases. The new legislation which came into force in the beginning of 2021 brought many important changes. The main objective of the new act in the expert witness area is to set precise and detailed rules for the expert assessments and to raise the standard of expert reports. One of the instruments used to achieve this objective is the strengthening of the liability of experts, including the implementation of the civil liability of experts for damage caused by the professional services offered. Even though the concept of liability of expert witnesses for damage is not completely unknown in the Czech Republic, legal literature has neglected this topic so far. In contrast, articles related to the public liability of experts can be found regularly. Due to the different purpose of criminal and administrative proceedings, an individual has no guaranteed subjective right to claim for redress and compensation in these proceedings. That is why such rights must exist within private law. The diploma thesis presents a detailed analysis...
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Problems of surrogacy
Tilšer, Linda ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Problems of surrogacy Abstract The diploma thesis is about problems that may arise during the surrogacy. It deals with the legal regulations of selected institutes in Czech legal system and analyzes the legal regulations of surrogacy in foreign states. In the first part, the author explains the basic concepts such as mother and motherhood, father and fatherhood, parenthood, child and childbirth. In this part, the author also discusses the concept of these terms according to Czech law and the Civil Code and according to other aspects. The second part analyzes the terms specific to surrogacy, which in Czech law usually do not have their own definitions. The third part of the diploma thesis describes historical development of surrogacy from biblical times to modern history. The fourth part of this diploma thesis deals with considerations on surrogacy, with the basic concept of surrogacy agreement and in the definition of surrogacy agreement the author works with Czech law regulation and compares it with the regulations of surrogacy agreements of other foreign states. This part also discusses the concept of assisted reproduction, which is an important part of the whole process of surrogacy. Fifth part of the diploma thesis, in the first chapter discusses de lege ferenda considerations i.e. this chapter...
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Civil law usury
Makovec, Jakub ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Civil law usury Abstract While discussing the issue of civil law usury, this thesis has three main goals in principle. The first one is exploring and describing usury from non-legal standpoints, the second one involves assessing usury from legal standpoints and the final one comprises comparing the Czech regulation of usury with foreign approaches, presenting proposals aiming to enhance the definition of usury and evaluating the quality of its definition. The thesis is thus divided into three parts accordingly. The first part focuses on the origin of usury itself, while particularly exploring key historical periods and philosophical approaches. It also mentions the influence of religion, which used to influence the everyday life of individuals and usury was no exception. This part is complemented with a brief look at the usury regime in the three previous civil codes from the past century, which predate the current regime with their effect. The formulation of the theoretical part then follows, it comprises an interpretation of the current usury regime contained in the present Civil Code. In that, I first explore the basis of the law of obligations, then move to the concept of laesio enormis and finally analyse the key provisions of usury itself. Here, I describe its components using case law and other...
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Good morals
Ortová, Nikola ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
1 Abstract, key words Title of the thesis: Good morals The aim of this thesis is to elucidate the meaning of good morals to addressees of legal norms. Good morals are not, as an indefinite legal concept, defined in any law, nevertheless, it is important for addressees of legal norms to know their meaning, as they represent, among other things, one of the correctors to the autonomy of the will and the validity of legal proceedings. For this reason, the specification of the content, or meaning, of the term in question is crucial for the fulfillment of one of the most important principles of civil law, which are the principle of legal certainty and the autonomy of the will of persons under private law. In the presented work, the graduate aims to find out how best to approach the content of the concept of good morals for legal practice and the general public, and whether in a situation where there is no legal definition, the concept is appropriately defined in doctrine and case law, and whether it prevails. The diploma thesis is divided into three parts. The first part deals with the concept of good morals, as one of the oldest institutes of civil law, finds its origin and assesses the nature of the institute in terms of its variability over time. Specifically, it deals with the concept of good morals in Roman...
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The right of the child to know one's origin in the context of assisted reproduction: a comparative analysis
Kohoutová, Marie ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The right of the child to know one's origin in the context of assisted reproduction: a comparative analysis Abstract This thesis deals with the issue of the right to know one's origin in cases of assisted reproduction, i.e. in the situation of gamete donation. The aim of the thesis is to analyse whether the right of the child to know its origin is sufficiently ensured in the context of assisted reproduction in the legal systems of the Czech Republic, Germany and Denmark and which legal institutes are used to ensure it. The right to know one's origin is analysed with respect to its basic aspects according to the scope of the perception of the right. The health aspect perceives the right to know one's origin in the narrowest way, the identity aspect perceives it more broadly and the relational aspect perceives it the most widely. The first part of the thesis provides a brief introduction to the issues of assisted reproduction and germ cell donation and also contains definitions of the terms that are further elaborated in the text. The second chapter deals with the right to know one's origins in the context of gamete donation, discussing in more detail its various aspects based on the theory of bioethicist V. Ravitsky. Emphasis is also placed on the psychosocial and ethical part of the matter and on the...
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Rights and responsibilities of so-called third parents de facto a de iure.
Pathyová, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Title: Rights and responsibilities of so-called third parents de facto a de iure. Author: Barbora Pathyová This work aims to analyze the issue of third parenthood de iure and de facto and to suggest in which direction the legislation should go. The work is divided into seven chapters. The first chapter deals with the family in general and the position of the child in the family. In the second to fourth chapters, the thesis deals with the concept of "parenthood", how it should be understood, what types of parenthood the law recognizes, and what conditions must be met for the determination or termination of parenthood. As part of this analysis, the work also mentions two specific cases of becoming a parent, namely assisted reproduction and surrogacy. The fifth chapter examines the best interests of the child and the welfare/well-being of the child. The sixth chapter describes the criteria for deciding on the relationship with minor children: (1) the existence of blood ties, (2) maintaining the child's identity and family ties, (3) the ability to ensure the development and needs of the child and (4) the child's wishes. The last chapter then deals comprehensively with "third parenthood". It discusses the obligations and rights of third parents de iure not only in the Czech Republic but also abroad. The...
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Lease of the property for business purposes
Řeháčková, Ivana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of this final thesis is to provide the outline of the effective legal regulation of the lease of the property for the business purposes. After short introduction of the lease as a legal institute itself and its usage in business area of life, the thesis then concerns itself with the particular questions that are subject to legal regulation of the lease of the property for business purposes constituted mainly by the Civil Code. Amongst these questions the basic necessities of the lease agreement that are required by the law are described first, then the mutual rights and obligations of the contracting parties and finally the matters related to the termination of the lease.
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Community property de lege lata
Svejkovský, Vít ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to introduce the issue of marital property, which I consider is still up to date. That is what I also learned during an internship at the court. I chose this topic mainly because I find it very interesting and important. This topic is very closely related to the family, which I consider to be the core of the society. The society without the family could not simply work. Joint property of spouses is one of the key nodes of the society. Not only the relationship between the spouses themselves, but also in relation to third parties. The thesis consists of six chapters, where most of them are further divided into subsections. The first chapter deals with the historical context of the development of joint property. This leads to an understanding of the current legislation. The second chapter deals with how the joint property is created and what constitutes the content of the joint property. That means assets and liabilities. In addition, it is pointed out what by the law cannot be part of the joint property. The third chapter of the thesis deals with the disposal of the joint property of spouses. Such disposal of joint property management concerns not only common, but also the non-common administration. Also an important point in this part is the relation between business activities and...
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Legal concept of the term "thing"
Procjuk, Volodymyr ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal concept of the term "a thing" is the key matter not only for civil law. The concept defines which things may be subjects to proprietary rights. Generally, there are two approaches in understanding of "a thing" de iure. The first approach is based on the narrow conception of things, which sees things as corporeal objects where only they may be objects of ownership. The second approach is based on the wide conception of things. Therefore, incorporeal things, claims, objects of intellectual property and other incorporeal things fall under the category of things. Nowadays, everything that is different from individuals and legal entities and serves the needs of people is undestanded to be a thing by the Civil Code. Compared to the Civil Code, Act. No. 40/1964 Coll, the new Civil Code favors the wide approach. The aim of this thesis is to introduce the development and the concept of the term "a thing" in our country not only in civil codes, but also in doctrine. The thesis is devided into four parts and mainly describes the very concept of things, the concept of corporeal and incorporeal, movable and immovable things and other terms closely related to things. The first part introduces historical development of the concept of things in our country. The second section is the key part and it focuses on the...
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Wrongful birth court rulings in European comparison
Vajda, Lukáš ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to analyse and compare wrongful birth cases in European context. Its first part focuses on the theoretical explanation of the concept of the action itself, then it is followed by a detailed comparison with wrongful life actions. A proper definition is necessary for further understanding of the matter. The second part of the thesis aims at an in-depth description of wrongful birth cases in major European countries. It discusses the medical liability and the parents` rights in the past cases and brings an evaluation and a de lege ferenda point of view. The conclusion deals with the similarities and the differences and offers the author's insight on the subject.
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