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Compensation of damage to health
Pak, Viktor ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
DAMAGES FOR INJURY - SUMMARY The purpose of my thesis is to analyse the present situation in the area of medical law and to find possible legal solutions which would contribute to its improvement. Damages for injury is one of the fastest developing areas of medical law. The legislation of liability for damage to health is contained primarily in the civil code and in some other statutes, of which the most important is the statute on health care of the people. The essential preconditions for the emergence of the liability for damage to health, as well as in the case of other responsibility for the damage, is; the violation of legal obligation, fault, damage and causation between the breach and damage. Each components its specificities. Most of the issues concern causation. Causation can be difficult to demonstrate with certainty due to the unpredictability of biological processes in the body. Courts usually require a 100% proof of it. In cases of liability for damage to health caused by the applied instrument or operational activities is not necessary to prove the fault or breach of legal obligation, which facilitates the position of claimants who seek damages. The basic legal obligation of the provider of health services is to follow the lege artis principle. This concept requires that the procedure be...
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Compensation of damage to health
Pak, Viktor ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
DAMAGES FOR INJURY - SUMMARY The purpose of my thesis is to analyse the present situation in the area of medical law and to find possible legal solutions which would contribute to its improvement. Damages for injury is one of the fastest developing areas of medical law. The legislation of liability for damage to health is contained primarily in the civil code and in some other statutes, of which the most important is the statute on health care of the people. The essential preconditions for the emergence of the liability for damage to health, as well as in the case of other responsibility for the damage, is; the violation of legal obligation, fault, damage and causation between the breach and damage. Each components its specificities. Most of the issues concern causation. Causation can be difficult to demonstrate with certainty due to the unpredictability of biological processes in the body. Courts usually require a 100% proof of it. In cases of liability for damage to health caused by the applied instrument or operational activities is not necessary to prove the fault or breach of legal obligation, which facilitates the position of claimants who seek damages. The basic legal obligation of the provider of health services is to follow the lege artis principle. This concept requires that the procedure be...
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Právní otázky klamavých ochranných známek
Čimerová, Petra ; Boháček, Martin (advisor) ; Pak, Viktor (referee)
Práce podává ucelený pohled na právní otázky klamavých ochranných známek, zaměřuje se především na porovnání rozhodovací praxe Úřadu průmyslového vlastnictví v závislosti na vývoji známkoprávní úpravy. Dále se práce zabývá stanovením vývojových tendencí rozhodovací praxe v dané oblasti a predikcí možného budoucího vývoje.
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