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Neighbour's rights and their protection in the theory and practice in context with the selected European legislation
Šmat, Ondřej ; Frinta, Ondřej (advisor) ; Zvára, Michael (referee) ; Psutka, Jindřich (referee)
Neighbour's rights and their protection in the theory and practice in context with the selected European legislation Abstract The main goal of this thesis is the complex description of the neighbour's rights and their protection in the effective Czech civil code. The wide variety of rules and regulations, which historically serve as specific limitations of proprietor's rights between persons who can be called neighbours, is comprehensively described in the five chapters of this work. The thesis emphasizes the historical elements of the topics, as well as current effective laws and regulations, which are nowadays based mainly upon historical traditions of Roman law, which was the main inspirational source for the ABGB, the last similar civil code effective in the time of The First Czechoslovak republic. The effective civil code significantly changed the system and depiction of the neighbour's rights and to a great extent surpasses previous conception of the civil codes effective from 1. 1. 1950 to 31. 12. 2013. The most important changes are bound with the broad extension of the protection of the neighbour's rights and significant clarification of its system in the current effective civil code. Furthermore, many institutes of the protection of the neighbour's rights have returned into the Czech civil code...
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Pure Economic Loss
Tůma, Martin ; Elischer, David (advisor) ; Šustek, Petr (referee) ; Psutka, Jindřich (referee)
Pure Economic Loss Abstract The presented work deals with the issue of compensation for pure economic loss, which was introduced into the Czech legal system by Act No. 89/2012 Coll., Civil Code. In the previous version of civil law, compensation for pure economic loss was not limited at all. However, the legislator has newly taken over the regulation of liability from the German BGB, which significantly narrows the liability for pure economic loss. The aim of the author was therefore to evaluate the compatibility of this approach with the basis of the responsibility system of Czech civil law. The author first focuses on explaining the concept of pure economic loss and some related terms and subsequently presents an analysis of the theoretical concept of the function of private liability and a presentation of the key functions of liability law. This introductory part is followed by a comparative analysis of foreign legal regulations in relation to liability for pure economic loss, which, in addition to the necessary analysis of the relevant provisions of the German BGB, focuses on the analysis of jurisprudence across selected legal systems. In the chapters following this comparison, the author analytically evaluates the knowledge gained, especially in relation to the generally prevailing restrictive approach...
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Civil law aspects of self-driving vehicles
Přenosilová, Klára ; Elischer, David (advisor) ; Psutka, Jindřich (referee) ; Rozehnal, Aleš (referee)
Civil law aspects of self-driving vehicles Abstract This dissertation focuses on the civil law aspects of the still relatively new phenomenon of self-driving cars. Considering that what distinguishes an autonomous car from a conventional car is mainly the autopilot software, which enables its autonomous driving without driver intervention, the legal analysis of the autopilot is given special attention. The aim is to provide a comprehensive analysis of this phenomenon from all fundamental aspects of civil law. The dissertation is divided into a total of five parts. The first introduces autonomous cars and their classification from a technical point of view. The second part deals with the civil law nature of the autonomous car and the autopilot software. After an initial definition of the terms, the autonomous car and its software are considered in terms of their nature as a thing, their status, their copyright protection and their nature as a product. The third part provides a legal assessment of the main contracts that may typically be entered into in connection with their use. These include the purchase contract and, given the interdependence of the autonomous car with the autopilot software, the licence and the software-as-a-service agreement. The fourth part is devoted to the ethical aspects of the use...
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Legal regulation of ski safety
Janků, Ladislav Jack ; Frinta, Ondřej (advisor) ; Salač, Josef (referee) ; Psutka, Jindřich (referee)
Legal regulation of ski safety Abstract The work provides an insight into Italian and Czech ski law with an emphasis on the safety of ski areas and the practice of winter sports on snow, especially in their recreational form. In its first part, the study clearly maps the evolution of Italian legislation on the safety of winter sports with an emphasis on skiing from the 1960s to the present day. Special attention is paid to the current legislation after its extensive amendment (D.Lgs. 40/2021), bringing significant changes, effective from 1/1/2022. The study also focuses on the decision-making practice of Italian courts, presents recent doctrinal insights, outlines possible solutions and possibilities of harmonization of ski law in EU countries. The first chapter of this part is dedicated to the history of the Italian special legislation, mapping its development up to the current regulation, valid until the end of 2021. In addition, it logically describes the relevant, currently valid general regulation. It also includes a description of the origin of the FIS Rules, as a globally recognized code of conduct for skiers, which was created precisely in Italy, which underlines the importance of this skiing country in the international context. The second chapter is devoted to the new special regulation of winter...
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The child at risk in Private and Public Law
Hanuš, Daniel ; Macková, Alena (advisor) ; Frinta, Ondřej (referee) ; Psutka, Jindřich (referee)
The child at risk in Private and Public Law Abstract This dissertation thesis deals with the issue of the child at risk in private and public law. The aim is to define the historical, theoretical, content, and practical level of the term "child at risk" and related concepts in a variety of disciplinary insights, as they are embedded in private and public law in the Czech Republic in interrelated contexts and meanings. In addition, this thesis also presents particular findings in the light of the discussed disciplines. Furthermore, the content is focused on the definition of related professional interdisciplinary contexts and their legal embedding in substantive and procedural law. The methodological context of the professional legal approach to the examination of the chosen issue is not left out either. The theory of the child at risk, including basic categories, is also presented including the context of selected specific legal branches and their framework of legal protection provided to the minor persons. This thesis also reflects particular life situations in which the child may experience a risk, and identifies how these situations are reflected in the content of the Czech legal system (private and public law), international law and jurisprudence. The analysis, presentation and possible evaluation of de...
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