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Lease of a flat - comparison of Czech and Polish legal regulation
Hajžin, Lukáš ; Salač, Josef (advisor) ; Dvořák, Jan (referee)
This thesis deals mainly with legal regulation of rental housing in Czech Republic and Poland and comparison of the legal regulation of rental housing and rent regulation in both countries. The thesis starts with the brief in rights to housing in the important international documents and its regulation in national law in Czech Republic and Poland. Then follow the analysis and comparison of legal regulation of rental housing in Czech Civil Code and Polish Civil Code. In following chapters there are the detailed analysis of the decision made by European court of human rights in Strasbourg in case Hutten-Czapska vs. Poland and its affect on legal regulation of the rental housing, regulation of the limitation of rent in flat and the support of rental housing in Czech republic and Poland. Next chapters deal with rights and obligations defined in Polish Act to defense the users of flats, Dz.U. Nr 133, poz. 654. Last chapter is focused on social housing in both countries.
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The legal institution of settlement of property
Schützová, Petra ; Hendrychová, Michaela (advisor) ; Salač, Josef (referee)
The legal institution of settlement of property The aim of my thesis is to analyze the legal institution of settlement of property and the impact of the new civil code and its principles. The legal institution of settlement of property forms an essential part of the legal order and as such is an institution which is very important in a day to day life. My research seeks to characterize several types of this institution, to describe the different aspects of each of them and to compare the code civil in force and the new one, i.e. the civil code no. 40/1964 and civil code no. 89/2012. The thesis is composed of 7 chapters, each of them exploring different institution of settlement of property. The first chapter, as an introductory chapter, presents the basic principles, evolution and the changes in different types of settlement of property. Second chapter deals with the settlement of the ownership including settlement of residential property. In the next chapter I examine the settlement of tenancy by entirety, the duties and rights that are related to this institute. The fourth chapter characterizes the unjust enrichment and its settlement particularly in the context with the co-ownership. The fifth chapter focuses on inheritance and the following chapter deals with the claims arising from association....
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Basics of liability for damage in civil law
Věžníková, Tereza ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis entitled "Basics of liability for damage in civil law" examines general legislative, regulations and principles of damage liability. It focuses mainly on the comparison between the ways this issue is treated in the Act No. 40/1964 Coll., the old Civil Code, and the current one No. 89/2012 Coll. Where appropriate, comparison is also made to civil liability in the Dutch Civil Code. The concept of the thesis is based on the essential regulations of the above- mentioned Civil Codes. One of my aims was to identify and explain the basic issues of liability for damage including possibilities of both damage prevention and conditions of damages. The question of damage prevention can be considered the most important part of civil liability for damage, as only with the complete knowledge of legal regulations and judicial practice can it be interpreted and put into practice without any complications. The thesis consists of four main parts, each of which is further divided into more detailed subsections. The central parts concentrate on some of the questions the acceptance of the new Civil Code has brought and on the essential reforms that have consequently been carried out, where the institute of liability for damage is only little subsection. The first part "General explanation of civil liability and...
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Determination of parenthood
Kučera, Karel ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood The topic of my thesis is Determination of parenthood. The reason why I chose this topic is because it combines legal, historical, social and ethical aspects. Goal of my thesis is to analyse legal institute and raise awareness about its problems. The thesis is concerned with determination of maternity, determination of paternity and denying of paternity. Diploma thesis is divided into five chapters. First chapter is Introduction, in which I determine the extent of the thesis. Second chapter deals with historical development of legal regulation of determination of parenthood. This chapter comprises of three subchapters. First is concerned with determination of parenthood in ancient Rome. Second explains determination of parenthood in ABGB. Third explains the Czech legal regulation between 1948 and 2014. Third chapter is about contemporary legal regulation. Chapter is divided in three subchapters. First deals with determination of maternity. Second deals with determination of paternity. Third deals with denying of paternity. Fourth chapter reports on decisions of European Court of Human Rights. It outlines concrete cases a tries to summarise, how the court decides in question of determination of parenthood. Last chapter summarises the whole thesis with conclusion that...
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Damage to health: comparative study
Lachváčová, Zuzana ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damage to health: comparative study The final thesis deals with the issue of damage to health in the Czech, American and French legislation and case law. The work deals with individual claims arising from injuries and thesis describes the criteria and methods of compensation for these claims. The thesis is divided into three chapters, which are further divided into subsections and subchapters. The first half of the thesis describes the legislation of damage to health and personal injury in the Czech law. This part focuses on the conditions that must be met in order to create an obligation of compensation for personal injury. It also describes the damage to health and its partial claims which may be compensated and it describes the process of determining the amount of damages according to the Methodology of the Supreme Court. Final part of this chapter deals with damages to health caused by medical malpractice. The second half of the thesis is divided into two parts, the first part deals with the US legislation of compensation for damage to health and the second part concentrates on the French legislation which deals with this institute. In the chapter devoted to American law, the work describes the different types of personal injury compensation, which developed in the United States. The thesis...
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Protection of Personality Rights inrelation to media
Říha, Martin ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The thesis addresses primarily the conflict between the protection of personality and another constitutionally guaranteed fundamental right - the freedom of expression. These rights, that happen to be often in a conflict, are rights of an equal legal protection, one does not have a priority over the other one and so it is a challenge for the courts to decide which one to prefer in particular cases while taking the specific circumstances of the each case into account. The thesis aims to examine this conflict in detail and to analyse it. The first chapter focuses on general questions related to personality rights, addresses the term "personality", the historic development of the personality rights regulation within the area of the Czech Republic and its presence in the current legal system with the accent to the recodification of the civil law, which has taken place hand in hand with the act no. 89/2012 Coll., Civil code, entering into force, while an assessment of the changes that the new regulation of the civil law has brought is one of the partial aims of the thesis. In the second chapter is discussed the unlawful interference with the personality rights that constitutes a private law tort. In the same time this chapter addresses the circumstances excluding the unlawfulness and deals with the...
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Distributive justice in the health sector in the context of the rationalization of health care
Horák, Zdeněk ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Distributive justice in the health sector in the context of the rationalization of health care This paper should briefly introduce the major principle of health service in the Czech Republic but also practised in most developed countries. Distributive justice is a system of accumulating and redistributing wealth in order to seek balance in society. In health sector it is most commonly associated with rationing i.e. distribution of limited and costly medical sources among those who are in need of medical care in a justifiable way. Not to be mistaken distributive justice with social justice even though there is a fine line between the two. The thesis is divided into fifteen chapters each describing certain aspect of distributive justice in the health sector or a related issue. Opening chapters are dedicated to theoretical, historical and philosophical overview; following part contains single elements of distributive justice both in general and in context of health care. Issues of medical standards and regulatory charges are discussed in subsequent chapters with regard to recent case law of the Constitutional court. In conclusion the problem of distributive justice in health care can be approached from two different points - communitarian and liberal. These issues are also political, philosophical and...
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Damages in cases of bodily injury and death in Czech and French civil law
Moravcová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Résumé L'objectif de ce mémoire, c'est la comparation d'indemnisaton du dommage corporel en cas de survie ou en cas de décès de la victime dans la législation et surtout dans la jurisprudence tchèque et française. Il s'agit surtout des aspects des postes particulières indemnisables et ses critéres. L'accent particulière est mis à la responsabilité civil subjective d'accidents médicaux. Les chapitres d'introduction s'agissent des questions de la protection de la santé comme une liberté fondamentale et droit naturel de chacun. Ainsi des questions de la résponsabilité, surtout civil et subjective. Vu la nouvelle codification d'indemnisation du dommage corporel en cas de survie ou en cas de décès de la victime, prévu dans le nouveau code civil tchéque nř 89/2012, le mémoire compare, avant tout, des critéres d'indemnisation du dommage corporel et ses aspects avec la réglementation précedente. Il s'agit surtout des postes extra-patrimoniaux car ces postes étaient fixé soit par le décret de Ministère de la santé, nř 440/2011, en vertu des régles postérieurs, soit dans l'article 444 alinéa 3 du code civil, nř 40/1964, en vertu des régles postérieurs. Vu que ces principes étaient le sujet trés critiqué, même dans l'exposé des motifs de la loi nř 89/2012, code civil, des principes ont été changés radicalement soit...
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Legal aspects of a parallel trade in drugs within the EU
Bečvářová, Tereza ; Šustek, Petr (advisor) ; Salač, Josef (referee)
5.Abstract Title: Legal aspects of a parallel trade in drugs within the EU Key words: single market, parallel trade, price regulation, pharmaceuticals Parallel trade is one of the most distinctive benefits of the European single market. In a simplified way, parallel trade is legal importing of drug from one country where it is legally marketed into a second country where the marketing authorization holder also markets that product, but without the consent of the marketing authorization holder. Price regulation of medical products makes parallel trade of drugs questionable. Final price for customer is not result of an independent decision of pharmaceutical company but it is given by relevant authority often regarding the spending power of citizens. Wholesalers are taking advantage of these price differences when they are buying cheap drugs in low-price countries and selling them with profit in countries where drug price are higher. In theory this practice should deliver significant saving for patient and national healthcare insurance system in destination countries due to lower price of parallel traded drugs. However many studies show minimum impact on drug price in these countries since wholesalers retain great part of the financial benefits. On the other hand, negatives of parallel trade are evident. Drug...
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Damages for personal injury
Molnár, Peter ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damages for personal injury The diploma thesis focuses on the analysis and evaluation of the recodified legal regulation on damages for non-pecuniary loss arising from personal injury in the light of its comparison with the relevant English common law. On the background of the historical evolution of the method for assessing the amount of damages for non-pecuniary loss arising from personal injury, as well as through the comparison of Metodika Nejvyššího soudu k náhradě nemajetkové újmy při ublížení na zdraví (bolest a ztížení společenského uplatnění podle § 2958 občanského zákoníku) with Guidelines for the Assessment of General Damages in Personal Injury Cases, the diploma thesis arrives at a conclusion in favour of the development and application of the former, which it deems to have been a suitably chosen pre-emptive measure that would allow Czech legal practice to approach damages for non-pecuniary loss arising from personal injury in a consistent and proportionate fashion right from the moment of the coming into effect of Act No. 89/2012 Coll., the Civil Code, without having to overcome a period of relative legal uncertainty, during which standardised amounts of damages would have been developed through judicial practice, as was the case in the English common law. As regards the...
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