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Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...
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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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Legal responsibility in collective sports
Caletka, Petr ; Beran, Karel (advisor) ; Wintr, Jan (referee)
Legal responsibility in collective sports The purpose of my thesis is to analyse legal responsibility in collective sports. I focus on football, specifically on issues related to football referee, in particular his responsibility for decisions made in the game. The thesis is composed of eight chapters. After Introduction there is Chapter one, which is concentrated on relationship between law and sport. In this chapter is briefly described historical development of this relationship and theoretical problems with definition of sport. Attention is paid to the concept of "sports law" and its "sources". Chapter two is devoted to the analysis of case study. It is a media coverage case, which hit the top Czech football competition at the turn of 2003 and 2004. Chapter three is devoted to the interpretation of football as a game. The reader is familiar with the basic standards of sports and is explained the position of the referee in the term of Laws of the Game. Gradually, as based on the stripped case (chapter two) raises the question whether the referee may be legally responsible for hid decision made during the game. In chapter four is then interpreted by the concept of an erroneous decision and its relationship to the legal order. The following chapter five and interpretation of referee's criminal...
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Institutional framework of alternative dispute resolution in sport
Budilová, Denisa ; Beran, Karel (advisor) ; Wintr, Jan (referee)
DIPLOMA THESIS Denisa Budilová : Institutional framework of alternative dispute resolution in sport ABSTRACT The aim of this thesis is description and analysis of institutional framework, through which sport disputes are solved outside the State courts' jurisdiction. The thesis also delimits mutual relation between jurisdiction of sport organisations' bodies on one hand and State courts' jurisdiction on the other hand. The text is divided into seven chapters. A brief introduction is followed by second chapter, in which I focus on sport in general, its relations to law, I am exploring relations that may arise within the sport, and outlining on several examples what disputes may arise from those relations. Separate subsections are devoted to normative regulation of sport's relations and question of sports law. Third chapter is focused on Czech legislation on alternative dispute resolution in sport. I particularly deal with possibilities of alternative dispute resolution according to the Czech Arbitration Act (1994). The following section deals with dispute resolution based on sport associations' autonomy; I focus on current legislation and related case-law, as well as on proposed legislation to be enacted with respect to ongoing recodification of Czech private law. Fourth chapter provides an analysis of...
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Philosophical, theoretical and practical aspects of the legal regulation of doping
Krysl, Josef ; Beran, Karel (advisor) ; Kuklík, Jan (referee)
The purpose of this thesis is to analyze and criticise actual arrangement of Legal Regulation of doping, predict future development and offer diferent possible solution. This thesis is composed of five chapters. Chapter one is an introductory part and briefly describes problem of abusing performance enhancing substances in elite sport. Following part covers main definition of sport as activity and explain relation between sport and law as well as in 'sports rules' imposed by private organisations as World Anti-Doping Agency or Czech Anti-Doping Committee. The third chapter covers the history of doping, briefly explain the physical efects on human organism and define supportive social factors of doping. Part of third chapter is also exposing hidden danger of taking performance enhancing substances in amateur sport. The third part describes main elements of world antidoping regulation and show how world regulation infulences Czech Legal Regulation. I put emphasis on analysing the World Anti-Doping Code and principle of strict liability wich is based on. Fifth Chapter evaluates findings from fourth chapter and tries to find alternative of approach based on zero tolerance for performance enhancing substances, also this chapter identifies and articulates the principal rationales for the regulation of the doping,...
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The theoretical conception of pre-contractual and contractual liability
Cienciala, René ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
OF DIPLOMA THESIS THE THEORETICAL CONCEPTION OF PRE-CONTRACTUAL AND CONTRACTUAL LIABILITY Author: René Cienciala Supervisor: doc. JUDr. Karel Beran, Ph.D. Department: Department of Legal Theory and Legal Doctrines The purpose of my thesis was to analyse theoretical aspects of precontractual and contractual liability under Czech law. I particularly focused on precontractual liability (also known as culpa in contrahendo) due to its unclear and unresolved theoretical conception among Czech jurisprudence. The thesis consists of eleven chapters including one annex. After short introduction, I briefly analysed the meaning of a general term legal responsibility/ liability in the second chapter, and a historical background including the original Jhering's conception of culpa in contrahendo in the third part of the thesis. The fourth chapter is devoted to defining the scope of precontractual liability and specific precontractual duties and/or obligations during a contract negotiation under both current and revised civil law. I comprehensively analysed underlying principles of a concept of precontractual liability, its general nature and a nature of precontractual relationship in the fifth part of the thesis. I also tried to provide theoretical description and definition of the conception of culpa in...
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The Ultra Vires Doctrine in the Legal System of the United Kingdom
Cejpová, Tereza ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
The aim of this thesis is to provide an explanation and introduction of a specific legal doctrine; Ultra Vires. In addition, this paper will illustrate how the methodology was applied under the United Kingdom company law from the mid-19th century to 2009. Furthermore, this paper will offer a brief analysis of British law after the abolition of the Ultra Vires doctrine. Ultra Vires is a set of rules that limits the legal capacity of companies. As a result, the company's legal capacity was limited while the doctrine was applied. The scope and capacity of a company was defined by the objects clause contained in the memorandum of association. From this, it was deduced that an act done by the company outside its objects clause (an ultra vires act) was null and void. Considering that the legal capacity of companies in the Czech legal system is unlimited and that there are no research papers dedicated to companies with limited capacity in the Czech language, the aim of this thesis is to provide it. The thesis is divided into six chapters: Introduction; Introduction to the Doctrine of Ultra Vires; Formation of the Doctrine of Ultra Vires; Development of the Doctrine of Ultra Vires; Abolition of the Doctrine of Ultra Vires and a Conclusion. The Introduction is dedicated to the explanation of the legal...
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Bylaws and the legal order of the Czech Republic
Kment, Vojtěch ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA Ing. Vojtěch KMENT Vnitřní předpisy a právní řád České republiky Bylaws and the legal system of the Czech Republic Diplomová práce Vedoucí práce: JUDr. Karel Beran, Ph.D. Katedra: Katedra teorie práva a právních učení Datum vypracování práce: srpen 2011 Abstract (english): Bylaws and the legal system of the Czech Republic The purpose of my thesis is to provide some theory on bylaws which will help to identify their existence and particularly the legal obligations and/or rights they constitute. I located areas in which the bylaws may exist in the context of the legal system of Czech Republic, conditions of their valid promulgation and other circumstances when they may constitute legally binding obligations or rights. This thesis uses the term bylaws for the abstract normative acts which are not generally binding and which do not constitute the common contracts, i.e. the common concept in which they are used within the current Czech law. Bylaws are traditionally considered out of the scope of interest of the academic as well as the professional lawyers as legal documents of a very low degree. Yet they exist and proliferate nearly everywhere and establish a vast amount of various legal obligations or even rights which the average citizen quite often finds difficult...
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Legal responsibility
Pražák, Pavel ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
- Legal responsibilty Pavel Pražák The purpose of my thesis is to analyze the institute of legal responsibility that is very often used in the Czech doctrine and in legal acts. The reason for my research is to clarify the clear content of this term. The thesis is composed of two parts, each of them using a different method. Part One is deductive. It is divided into eight chapters. Chapter One is introductory and defines the term "responsibility" according to the common Czech language and clears the terminology used in the thesis. Chapter Two examines mechanisms of Roman law similar to the contemporary legal responsibility. It deals primarily with the institutes of "nexum" and "stipulatio". Chapter Three concentrates on the function and role of legal responsibility in law. It defines its most universal function as well as its concrete roles. Chapter Four is subdivided into four subchapters and provides an outline of relevant Czech doctrinal concepts of legal responsibility, such as the concept of active responsibility or the sanction doctrine. It also deals with the classification of the concepts provided by Josef Macur in the 80's. Chapter Five describes the German doctrine in the field of legal responsibility. It clears the German terminology, deals with the doctrine of "Schuld und Haftung" and...
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Law and Economics and Decision Making Processes in Corporations
Broulík, Jan ; Tryzna, Jan (referee) ; Beran, Karel (referee)
Jan Broulík - Law and Economics and Decision Making Processes in Corporations Abstract The thesis analyses Czech legal regulations concerning decision making in bodies of corporations. For the purposes of this analysis it employs mainly the apparatus of the economic analysis of law. Its basic concepts are also outlined. The author focuses on two kinds of legal entities which are public universities and joint stock companies. The main difference between these two kinds of legal entities, which also impacts the decision-making processes, is the great extent of governmental interventions in public universities. The analysis of legal norms shows how reasons of the economic analysis of law correspond with provisions regulating (i) body elections, (ii) body competence allocation and (iii) the body decision making procedure. The criterion for evaluating the quality of legal norms is effectiveness, meaning an increase of social wealth. The detected imperfections are for example (i) prevailing filling of bodies of universities in accordance with the principle of seniority, rather than according to the management skills of candidates (ii) the impossibility of protection against breach of shareholder's loyalty duty which leads to not passing of a general meeting decision and (iii) the mandatory nature of provisions...
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