National Repository of Grey Literature 386 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Compensation for Personal Injury
Hamran, Richard ; Salač, Josef (advisor) ; Selucká, Markéta (referee) ; Šustek, Petr (referee)
COMPENSATION FOR PERSONAL INJURY ABSTRACT The aim of this thesis is to elaborate on the following questions: Whether and to what extent the compensation for personal injury (or, in other words, compensation for non- pecuniary damage to bodily and mental health) under the new Czech Civil Code (Act No. 89/2012 Coll.) ("NCC") means a (r)evolution in comparison to the previous Czech Civil Code (Act No. 40/1964 Coll.) ("OCC") and what conclusions can be drawn in this regard when comparing the NCC to selected European jurisdictions. In order to answer these questions, the comparative method as the main method was chosen for the purpose of this paper. In particular, this thesis compares the NCC to the OCC on one hand and to German law, Austrian law, French law, English law, PETL and DCFR on the other hand. The paper consists of four main parts: compensation for personal injury in the selected European jurisdictions, under the OCC, under the NCC, and the comparative part. Each of those parts addresses the same three principal issues: fundamental questions of tort law with the focus on compensation of non-pecuniary damage; compensation for personal injury of direct (primary) victims and that of indirect (secondary, third party) victims. Based on the research, we come to the following conclusions: Provided that the...
Right to be forgotten as part of personality rights
Vítek, Dominik ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Šustek, Petr (referee)
Dominik Vítek 1 Abstract - Right to be forgotten as part of personality rights Right to be forgotten (or also right to oblivion) is a new phenomenon formed by the Court of Justice of the European Union in 2014 in the case of Google Spain. The right was then enacted as part of the General Data Protection Regulation and consequently became applicable throughout the EU and EEA since 25 May 2018. This thesis goes beyond the scope of personal data protection (under the GDPR) and considers whether the right to be forgotten forms a part of the personality and the right to privacy as such, thus being protected as a fundamental human right. On this basis, it also considers whether not only individuals but also legal entities could benefit from the right to be forgotten. These questions are assessed in view of the conflict of fundamental human rights and their proportionality test - right to privacy (also relying on and stemming from human inviolability and dignity) as balanced against other human rights, in particular, freedom to speech and freedom of information that need to be evaluated when performing the right be forgotten. It is also necessary to consider the purpose and fundamental principles of privacy and its protection and the purpose of forgetting and its meaning for individuals and society as a whole. All...
Healthcare Rationing in the Context of Covid-19 Pandemic
Kršiak, Miroslav ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Healthcare Rationing in the Context of Covid-19 Pandemic Abstract This thesis analyses process and means of rationalization of healthcare distribution in Czechia and the impact of covid-19 epidemic on domestic healthcare system and scarce resource allocation. First part of this thesis offers definition of right to healthcare from the constitutional and international legal point of view with the emphasis on obligations stated in the Charter of Fundamental Rights and Freedoms and international charters of human rights, which are binding for Czechia. Second part of this thesis concerns the concept of healthcare rationing, its definition and justification. This part also includes the summary of basic formative criteria of healthcare rationing, which are the imperative of equality and non-discrimination, and furthermore the principles of distributive justice and economic efficiency. This part also deals with the concept of rationing in healthcare in the context of the covid-19 epidemic and the modification of ethical and legal principles of its application during the state of medical emergency. Third part of this thesis offers an overview of the regulation of provision of health services in Czechia, both under normal circumstances and in a state of medical emergency. This overview also includes the so-called...
Adjustment of child circumstances after the divorce
Prostředníková, Anna ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Adjustment of child circumstances after the divorce Abstract This diploma thesis focuses on the adjustment of circumstances of children of divorced parents. Structurally, the thesis is segmented into an introduction, 6 chapters and conclusion. In case of content the thesis can be divided into four pivotal categories. The first part provides a general view into the elemental problems of parental liability. The second part focuses on the problem of the adjustment of circumstances of children after the divorce of their parents as such and examines all attributes in detail that the adjustment approaches. Great attention is given to the types of childcare, child-support and the contact of the non-resident parent with the child. The topic of the third part is the analysis of reasons that can be the cause of change of the present conditions. Finally, the fourth section provides a comparison of the current Czech legislation with the one of the Netherlands. Key worlds Parental responsibility, divorce, child, childcare, maintenance obligation, alimony, contact,
Loss of chance in Czech and English law
Friš, Michal ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Loss of chance in Czech and English law Abstract This thesis focuses on the issue of the loss of chance doctrine. This doctrine enters the field of liability by creating a new type of loss. This new type of harm consists of the lost chance for a better outcome instead of the outcome itself. This thesis analyses English law and Czech law approaches to the loss of chance doctrine with main focus on the area of healthcare law. The thesis provides the reader also with the circumstances which formulate the relationship of both English and Czech courts to this doctrine and its use in the area of healthcare law. Both approaches to the loss of chance doctrine are also compared. In this thesis analytical, research and comparative methods are used in order to provide a complex analysis of the issue and in order to answer the question of the possibility of using the loss of chance doctrine. Main focus is on the question of the use of the loss of chance doctrine within Czech law. The reached conclusion is that the doctrine can and should be used by Czech courts. This conclusion is supported by the interpretation of relevant Czech statute and by the argumentation based on the values of law and on the purpose of law. Within a debate the opinions towards the doctrine contained in the relevant caselaw and academic writings...
Laesio enormis
Jirman, Daniel ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
LAESIO ENORMIS Abstract This diploma thesis is focused on the institute of Laesio enormis, which has been returned to the Czech legal system after many years with the effect of the new Civil Code No. 89/2012 Coll. The importance of laesio enormis has been rising currently, when the market place is controlled by powerful commercial instruments and the prices are uncontrollably rising due to various external influences. Therefore this thesis is focused on the analysis of the institute, which is protecting the injured contracting party, and breaks through one of the bacis principles of the civil contract law, such as the autonomy of the will. The aim of this thesis was also to explain the origin of this institute and its development, that was necessary to observe the development of philosophical thinking in relation to the understanding of fair price, which is absolutely crucial in the aplication of the laesio enormis. For better understanding of the valid regulation of the institute in the Czech legal system, the diploma thesis analyzes the individual sources regulating this institue, which can be found mainly in the surrounding European countries. It was also essential to define laesio enormis in the context of other institutes breaking the principle of the autonomy of the will, such as the protection of...
Assisted reproduction - legal and ethical aspects
Novotná, Michaela ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Assisted reproduction - legal and ethical aspects Abstract This master's thesis discusses legal and ethical aspects of assisted reproduction. The aim of this thesis is to describe current legislation governing assisted reproduction, evaluate whether such legislation is able to meet the needs of modern society and also to discuss possible amendments thereof necessary for establishing a reasonable and effective legal system. With respect to the fact that assisted reproduction still represents a controversial topic among the general public, this thesis also deals with related ethical aspects and mentions the most contentious topics debated both in the Czech Republic and worldwide. This thesis is divided into six chapters. The first chapter explains the term assisted reproduction and describes its main principles, methods and procedures along with conditions for assisted reproduction including infertility. The second chapter of this thesis is more practical and focuses on topics related to providing assisted reproduction, such as who may provide said medical service or who may be the recipient thereof. The question of financing this medical service and its connection with the public health insurance system is also reflected. The third chapter is aimed at donorship of gametes and related aspects including...
Dissolution and settlement of co-ownership of immovable property
Dušková, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Dissolution and settlement of co-ownership of immovable property Abstract The thesis aims to interpret and analyse the current legal regulation of the dissolution and settlement of co-ownership with application to immovable property in context of the relevant case law of the Supreme Court. The thesis focuses on the immovable property because the (generally regulated) institution of dissolution and settlement of co-ownership is used in practice mainly in relation to immovable property. Concerning legal grounds which can be applied by law when the co-ownership is being dissolved and settled, the attention is mainly paid to court decision. However, the second legal ground, the agreement on the dissolution and settlement of the co-ownership, which is (following the principle of autonomy of will) the preferred legal basis for the dissolution and settlement of the co-ownership, is not overlooked. Of the various ways of judicial settling the co-ownership, the thesis places the most significant emphasis on the actual division of the immovable property (into two or more separate parts). However, the other ways of judicial settling the co-ownership, namely the division of the immovable property into units, the transfer of the immovable property to one or several co-owners and the ordering of the sale of the immovable...
The Doctrine of Loss of Chance and its application in the Czech Law
Dlabolová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The Doctrine of Loss of Chance and its application in the Czech Law Abstract This thesis diploma deals with the civil law doctrine of "loss of chance" that addresses the issue of proving causation in medical-legal disputes. The author of the thesis has defined the following research question: "What is the position of the Supreme and Constitutional Court of the Czech Republic regarding the application of the doctrine of "loss of chance"? The primary aim of this thesis is to evaluate the approach to the doctrine of "loss of chance" within the legal system of the Czech Republic by critically analysing the relevant case law of the Supreme Court and the Constitutional Court of the Czech Republic. This thesis discusses the development in the views of these judicial institutions on the application of the doctrine and also describes the approaches of foreign judicial practices to the application of the doctrine of "loss of chance". The thesis also points out certain mistakes that are often made by courts in the interpretation of "loss of chance" doctrine, which may lead to a rejecting of the doctrine. Finally, the paper summarizes the positive and negative aspects of the doctrine. The thesis consists of three parts. The first part provides a theoretical definition of the doctrine of "loss of chance" and points out...
Divorce in Czech and French legislation
Čechová, Michaela ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Divorce in Czech and French legislation Abstract This diploma thesis deals with explanation and comparison of legislation of divorce in the Czech Republic and the French Republic. The main aim of this thesis is to give reader the sense of a system of legal instruments concerning the divorce, which are used on the one hand in the Czech Civil Code ("Občanský zákoník") and on the other hand in the French Civil Code ("Code civil"). The explanation is ended by speculating, which French legal instrument could be potentially introduced and applied in the Czech regulatory environment. The thesis is based on Czech and French specialised literature and legislation. Main legal acts, which were used, are Czech ("Občanský zákoník") and French ("Code civil") Civil Codes. Procedural acts were also used, namely Czech ZŘS, OSŘ and French Code de procédure civile. The thesis is divided into four chapters. First chapter is devoted to brief overview of the historical evolution of the legislation of divorce on the current territory of the Czech Republic and the French Republic. The most important legal acts and events, which has affected the evolution of the legislation, are mentioned. Current legislation of the divorce in the Czech Republic is analysed in the second chapter. Substantive, but also procedural aspects of divorce...

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