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Legal aspects of telemedicine
Kolačkovská, Lucie ; Šolc, Martin (advisor) ; Janoušková, Anežka (referee)
1 Legal aspects of telemedicine Abstract This thesis deals with the legal aspects of telemedicine or the provision of health services at a distance using information and communication technologies. Telemedicine is a new, rapidly developing phenomenon, however, its use in practice already exceeds the level of its legislative anchoring. The paper asks whether the legal regulation of telemedicine is adequate to protect the patient's subjective rights and, if not, to identify which legislative changes are required to achieve this level. The thesis defines the concept of telemedicine and its individual categories, which it illustrates with several case examples from practice. Furthermore, it examines the legal regulation of telemedicine in the context of the health care contract, where it analyses in detail the proposed amendment to the Health Services Act, which, if adopted, will anchor telemedicine in Czech legislation. It also analyses the key issues arising from the legislative anchoring of telemedicine, namely the authorisation to provide telemedicine services and the standard of care. It also examines a central aspect of the legal regulation of telemedicine, which is the protection of personal data routinely shared in the course of providing telemedicine services. The thesis also adresses selected foreign...
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Additional hearing of the succession
Vonková, Kateřina ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
Additional hearing of the succession Abstract The thesis deals with the additional hearing of the succession as an institute of inheritance law, which is not dealt with as a whole in any professional publication. Therefore, the aim of this thesis is to provide the reader with a comprehensive theoretical interpretation of the additional hearing of the succession in one place. The purpose of the thesis is to outline the complexity of the institute it deals with, both from the perspective of the legal regulation used in the additional hearing of the succession and from the perspective of the course of the different types of additional hearing of the succession and the difficulties in terms of its connection to the original succession proceedings and its current independence. The thesis provides a theoretical definition of the concept of the additional hearing of the succession and further demonstrates its nature as well as its characteristic elements, types of the additional hearing of the succession and its course. Beyond the theory, the thesis discusses the specifics that may arise in the course of a additional hearing of the succession. The thesis is divided into five chapters. The first three chapters present the theoretical basis of the thesis and the last two chapters complement the above interpretation...
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Proper Supervision of Minors under Civil Law
Holubec, David ; Šolc, Martin (advisor) ; Janoušková, Anežka (referee)
Proper Supervision of Minors under Civil Law Abstract This thesis deals with tort liability in the legal system of the Czech Republic, specifically cases when supervisors neglect to exercise proper supervision over a minor. The thesis is based on the relevant provisions of Act No. 89/2012 Coll., the Civil Code. From this law, the thesis infers when it is necessary to supervise minors. The thesis summarises that the regime of civil tort liability of the supervisor may arise in cases where the minor acts both as a tortfeasor and as a victim. In addition to the Civil Code, the thesis reflects the relevant provisions of the Charter of Fundamental Rights and Freedoms and the Convention on the Rights of the Child. The thesis also introduces other relevant legislation, especially in the field of administrative law. The focus of the thesis lies in the analysis of decisions of courts in the Czech Republic, which have repeatedly dealt with cases of neglect to exercise proper supervision over a minor in the past. A systematic method is used to classify the individual evaluation criteria of neglect of proper supervision of minors. The work specifies the vague notion of proper supervision in such a way that it should be carried out in an appropriate manner; in recognition of the individuality and interests of the minor;...
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Deciding on alternate care
Krejčí, Simona ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
Deciding on alternate care Abstract The aim of my master thesis on the topic "Deciding on alternate care" is to analyse the decision- making of courts and the criteria that influence the assignment of a child to alternate care in the Czech Republic. The aim is not only to assess to what extent these factors and criteria are in the interest of the child, but also to what extent they must be fulfilled in order for this institution to be used with regard to the needs of the children themselves. At the same time, I also discuss the biggest problems that accompany alternate care. This thesis is divided into seven parts. In the first part, I define the basic concepts related to alternate care and also discuss the forms of post-divorce child care. The forms of post- divorce care are sole custody of one parent, joint custody, alternate custody and entrustment to another person. In the second part I describe the development of alternate care in the Czech Republic. In the third part, I focus on selected case law of the Constitutional Court, which specifically concerns alternate care and its pitfalls. The case law of the Constitutional Court is very important in this respect. In the fourth part, I describe in depth the so-called four-stage test of suitability, which was formulated by the Constitutional Court in order...
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Settlement of matrimonial property in the probate proceedings
Otradovcová, Zuzana ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
Settlement of matrimonial property in the probate proceedings The purpose of this final thesis entitled "Settlement of matrimonial property in the probate proceedings " is to describe and analyse the rules governing the settlement of the community of property in the probate proceedings and to describe the current legal regulation, including a confrontation of some opinions in the doctrine. The first chapter contains the definition of the concept of community property, the second chapter is about historical development from the General Civil Code to the present day, where both the possibilities of matrimonial property arrangement and the subsequent settlement of this community are described. The third chapter describes the procedural procedure in the probate proceedings for the settlement of the matrimonial property and also describes the protection of the surviving spouse. The fourth chapter describes the different ways of settlement of matrimonial property in the probate proceedings, i.e. the agreement of the surviving spouse and the heirs or a court decision, and also deals with the situation of dissolved but unsettled community property. The brief fifth chapter deals with the situation of registered partners. The final chapter is about comparison with the French legislation, first describing the...
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Reproductive rights of women in the countries of the Visegrad Convention
Žaloudková, Dominika ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
The topic of this thesis is women's reproductive rights in the Visegrad Group countries, focusing mainly on the issue of abortion. It compares the various legal regulations of these countries in the field of abortion legislation, from the beginning of the 20th century to the present day. All the countries compared share a similar history to some extent, yet each has developed differently since 1989. The thesis is structured into 8 chapters. The first chapter presents the issue of reproductive rights in general and their historical development. The second chapter defines the terms related to artificial termination of pregnancy, followed by a brief description of the methods of performing abortions and finally it presents the two main currents of opinion of the professional community regarding abortion. The third chapter focuses on the right to abortion as a human right. It describes how the various fundamental human rights conflict when performing an abortion. The following four chapters are devoted to the specific legislation of the Visegrad Group countries - the Czech Republic, Slovakia, Poland and Hungary. Each chapter describes in detail the development of abortion legislation and the processes that preceded it. At the same time, the most problematic parts of the legislation are highlighted, as...
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Late payment interest and contractual penalty in theory and practice
Voborský, Jan ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
in English, Title and Keywords Late payment interest and contractual penalty in theory and practice This diploma thesis is concerned with late payment interest, contractual penalty and their mutual comparison. Late payment interest and contractual penalty are both very important and frequently used institutes of civil law. Both of them show many similarities on one hand, but on the other hand they also have many differences. I address this similarities and differences specifically in the third part of my thesis, where I not only explore the differences that can be easily recognised from the text of the Civil code itself (e.g., how these legal institutes arise) but also the finer nuances, which are often the subject of expert/scholar discussion or arise only in the complex legal disputes (e.g., which function should prevail in the given institution). However, before I could compare these two institutes, it was necessary to describe each of them individually. I deal with this in the first two parts of my work. In the part of my thesis concerning late payment interest, I focused on describing its functions, conditions which must be met in order to the right on late payment interest arise and the determination of its amount. Regarding the determination of its amount, I describe both the automatic...
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Legal development of marriage in the Czech Republic
Kříž, David ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
1 Legal development of marriage in the Czech Republic Abstract This thesis deals comprehensively with the individual regulations of marriage, i.e. the process of marriage in the Czech Republic. The first part of the thesis is devoted to historical regulations, starting with marriage in the originally common society and then Slavic marriage customs, Catholic regulation of marriage, subsequent changes under Maria Theresa and Joseph II, especially the regulation in the ABGB, the First Republic regulation in the Czechoslovak Divorce Act 1919, changes under the Protectorateof Bohemia and Moravia and finally theregulation in the communist family codes, respectively the Family Law Act 1949 and the Family Law Act 1963 including subsequent amendments. At the end of the first part, there is both an evaluation of the individual regulations and an analysis of which institutes are repeated through the history of marriage and which have not outlived their time or are no longer relevant in today's society. The second part of the thesis deals in detail with the legal regulation of marriage in the Czech Civil Code and the related regulation in the Czech Registry Act. In particular, the definition of marriage, the eligibility to marry, the issue of prenuptial proceedings, the marital declaration of the spouses including the...
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Interference with bodily integrity
Kostková, Tereza ; Dvořák, Jan (advisor) ; Janoušková, Anežka (referee)
1 Interference with bodily integrity Abstract This master's thesis deals with the interference with bodily integrity of a person, focusing mainly on interference with bodily integrity in the provision of health services. The main aim of this thesis is to theoretically analyse the issue of interference with bodily integrity in the light of current Czech legislation and relevant conclusions of judicial practice of Czech and European courts. The sub-objective is then to explain the basic theoretical concepts, introduce sources of law in the field of interference with integrity and to provide a possible de lege ferenda solution to the practical problem of the defendant health care provider's burden of proof. The thesis is divided into six parts. The first part deals with human integrity and its protection in general. Specifically, it deals with the general aspects and general principles of the protection of the right to integrity. The second part identifies the basic theoretical concepts that will be used extensively in the context of the whole thesis, namely the notion of interference with integrity, the notion of the patient, the physician, and their relationship with each other. The third part introduces international, European and the Czech sources of legal regulation in the field of interference with...
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Acquisition of ownership title from a non-entitled person
Vojíř, Jakub ; Janoušková, Anežka (advisor) ; Dvořák, Jan (referee)
Acquisition of ownership title from a non-entitled person This thesis deals with the institute of acquisition of ownership title from a non-entitled person with focus on the acquisition of movable property. The purpose of this institute is to compensate for the lack of the transferor's title to transfer the ownership right in certain justified cases. Acquisition of ownership title from a non-entitled person is an original way of acquiring property right and leads to the breaking of the legal principle nemo plus iuris ad alium transfere potest quam ipse habet - no one can transfer more rights to another than they possess themselves. Although almost ten years have passed since the new legal regulation, which introduced this institute in its current scope into the Czech legal system, has come into force, it is still possible to encounter a number of uncertainties accompanying this legal regulation. It is precisely their numerous occurrences that point to the need for a critical examination of this regulation. The subject is therefore still up to date and the case-law is constantly evolving. In particular, conclusions concerning the requirements of bona fides on the part of the purchaser must be sought primarily in the decision-making practice of the courts. The thesis consists of an introduction, four...
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