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Prerequisites for damage compensation liability
Kudláček, Michael ; Šustek, Petr (advisor) ; Thöndel, Alexandr (referee)
This rigorous thesis deals with the delict law sector which concerns prerequisites under which the infringer has the obligation to compensate the damage to the aggrieved. The damage must occur under the causal relation with the illegal act of the infringer which must usually be also based on fault. Main chapters copy these basic prerequisites of this thesis. The basis of this content can be found in the civil code. As wrongful is regarded such act that contradicts the law and order norms. In the civil code context it applies mainly to the breach of good manners, absolute right infringement, protective rules violation, as well as breach of contract. The mutual relation between act and consequence must be connected with a causal link. This prerequisite splits into two relatively independent parts, thus factual (causality) and legal (imputability). Causality stems from natural patterns of existence and tries to describe them. The condition theory (conditio sine qua non) is dominant here and according to it, causal connection is present between a particular act and consequence when the consequence would not have arisen but for the act. Imputability deals with a concrete case by the method of justice and political consideration. The means which help to find out imputability, are the adequacy theory and...
Methodology for Determination of General Damages in Personal Injury Cases
Mališ, Daniel ; Šustek, Petr (referee)
222 Methodology for Determination of General Damages in Personal Injury Cases Abstract The thesis examines to what extent the Methodology for Determination of General Damages in Personal Injury Cases (published by the Czech Supreme Court) meets the requirement of Section 2958 of the Czech Civil Code and its explanatory memorandum requesting that fair and just compensation is provided in personal injury cases. Detailed analysis is applied to the process of creating the Methodology, as well as to its individual rules, addressing, consecutively, the compensation of pain and suffering, of "other non-material harm" (a new legal concept under Czech law) and of lowered quality of life. Legal and logical conclusions regarding effects of the respective rules on the amounts of general damages are substantiated also by concrete statistical data, including data on the average amount of compensation for pain and suffering, and for lowered quality of life in the years 2010-2019. Based on detailed analysis of individual Methodology rules and of the statistical data, the thesis draws a conclusion that the Methodology, in its current form, is not in line with aim of the legislator to provide fair and just compensation in personal injury cases. Therefore, targeted solutions of the respective issues are presented. For the...
Matrimonial Property Regimes
Novotná, Dominika ; Šustek, Petr (advisor) ; Dvořák, Jan (referee)
1 Abstract: Matrimonial Property Regimes This rigorosum thesis addresses marital property rights in the broadest sense as encompassed by Act 89/2012 Sb., Civil Code, as amended. Chapter One gives a historical background of marital property rights. From a historical point of view, however, community property comes to the forefront and it is its historical development that is paramount to our understanding joint ownership. I first discuss Roman law, as it created the legal basis for joint ownership. I then go on to discuss in more detail the individual civil codes and related laws that have been in force in the Czech Republic since the so-called Josephine Code, which came into effect in 1787. The Josephine Code was followed by Imperial Patent No. 946/1811 Sb., General Civil Code, which was in effect in the Czechoslovak Republic until it was replaced by Act No. 141/1950 Sb., Civil Code. New Family Act No. 265/1949 Sb. also came into effect. Act No. 40/1964 Sb., Civil Code was adopted together with new Family Act No. 94/1963 Sb. and was subsequently replaced in 2014 by Act No. 89/2012 Sb., Civil Code. Based on the applicable Civil Code, community property can be viewed as a legal regime, contractual regime or a regime established by a decision of the court. The second chapter of this rigorosum thesis addresses...
Methodology for Determination of General Damages in Personal Injury Cases
Mališ, Daniel ; Dvořák, Jan (advisor) ; Šustek, Petr (referee) ; Doležal, Tomáš (referee)
222 Methodology for Determination of General Damages in Personal Injury Cases Abstract The thesis examines to what extent the Methodology for Determination of General Damages in Personal Injury Cases (published by the Czech Supreme Court) meets the requirement of Section 2958 of the Czech Civil Code and its explanatory memorandum requesting that fair and just compensation is provided in personal injury cases. Detailed analysis is applied to the process of creating the Methodology, as well as to its individual rules, addressing, consecutively, the compensation of pain and suffering, of "other non-material harm" (a new legal concept under Czech law) and of lowered quality of life. Legal and logical conclusions regarding effects of the respective rules on the amounts of general damages are substantiated also by concrete statistical data, including data on the average amount of compensation for pain and suffering, and for lowered quality of life in the years 2010-2019. Based on detailed analysis of individual Methodology rules and of the statistical data, the thesis draws a conclusion that the Methodology, in its current form, is not in line with aim of the legislator to provide fair and just compensation in personal injury cases. Therefore, targeted solutions of the respective issues are presented. For the...
Residential lease: Comparing the legal position of the lessee and lessor
Tenorová, Veronika ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The topic of the diploma thesis is residential lease as one of the most frequent civil law obligations. The work focuses on the comparison of the legal position of the lessor and lessee by means of analysing the lease institutes and individual rights and obligations of the above- mentioned subjects. The aim of the diploma thesis was to answer the question which of the subjects in fact have a better legal position. The diploma thesis is divided into four main parts. All parts emphasise the Czech legislation contained in the Civil Code but all of them also include a foreign excursion that offers an insight particularly into German and Québec legislation. The first part focuses on introducing the general term lease and its conceptual features aiming to introduce the topic as broadly as possible. Attention is then given to defining the term apartment, housing need, subjects of lease and an overview of their rights and obligations. Space is also given to the institute of a lease agreement itself and its formalities. The first part is concluded with provisions laying down the protection of the lessee under rubric Prohibited Arrangements. The second part of the work focuses on analysing the lease obligation, especially rent and security deposit. The question also discussed is routine maintenance, minor...
Civil Responsibility on Skiing Slopes
Kučera, Ondřej ; Šustek, Petr (advisor) ; Salač, Josef (referee)
59 Civil Responsibility on Skiing Slopes Abstract This diploma thesis deals with civil liability on skiing slopes. Besides gathering valid standards in the Czech Republic, it also provides insight into foreign legal systems with the greatest emphasis on the French regulation and legal system. A part of the thesis is devoted to the rules of the International Ski Federation, which are widely respected important source of rules in skiing. Examples of their application are illustrated with the case law that inferred their validity, while in other countries the rules were reflected directly in legislation. In the first chapter there is a general anchoring of responsibility in Czech civil law, followed by a brief excursion into the sports law of individual sports, in the third chapter we find a summary of legal and non-legal regulations that apply to activities on domestic skiing slopes, including a bill that in the end did not pass in the Chamber of Deputies. The FIS rules of conduct are introduced by the story of their genesis and international cooperation on their final wording, followed by an official commentary issued by the International Ski Federation for the reason of clarification and interpretation. In the fourth chapter follows the analysis of the application of FIS rules by judicial authorities using...
The relationship between lessee and lessor compared to Airbnb service
Dvořáková, Pavla ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The relationship between lessee and lessor compared to Airbnb service Abstract The aim of this diploma thesis is to analyze the legal aspects of lease pursuant to the general and special provisions of the Civil Code as well as to point out the different and currently ambiguous legislation of the Airbnb online service. As the lease provisions are strongly protectionist in relation to the lessee, who stands as a weaker party to the lessor, I also elaborate on the fundamental rights and obligations of each of the parties. Not only the Civil Code together with other national provisions, which now regulate in detail most institutes related to lease, represent a basic source of the diploma thesis, but also an unforgettable foreign legislation, which is especially with regard to the Airbnb service a very interesting source of inspiration for the future development not only in the Czech Republic. The content itself is divided into five parts. The first of them defines the lease according to the general provisions of the Civil Code together with its essential characteristics, which thus enables an easier understanding of the special regulation of the residential lease. It also suggests in what legislation the housing right, as one of the fundamental human rights, can be found. The second part reviews the Airbnb...
The comparison of the legal regulation of the lease of an apartment and the legal regulation of the lease of a company apartment in the past and in the present
Štěpničková, Aneta ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The comparison of the legal regulation of the lease of an apartment and the legal regulation of the lease of a company apartment in the past and in the present Abstract The aim of the thesis is to compare the legal regulation of the lease of an apartment with the legal regulation of the lease of a company apartment in the past and in the present. This thesis deals with the legal regulation of the lease of the apartment, especially in the period of 1992-2020. The legal status of the lessee and the lessor has changed over the years, the content of this thesis is whether this was in favor of the lessee or the lessor. This thesis is divided into 10 chapters and it is focused mainly on the creation of the lease, the lease contract, the period of the lease, the rent, the replacement housing, and the termination of the lease. At the end of the selected chapters there is the comparison of how the legal regulation of the institute has changed. The first chapter of this thesis defines the basic terms according to the current legal regulation. The second chapter of the thesis is devoted to the history of the lease of the apartment and to the history of the lease of the company apartment. Then the thesis deals with the comparison of the lease of the apartment and the lease of the company apartment according to the...
Evaluation of condominium legislation
Koc, Petr ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Evaluation of condominium legislation Abstract This diploma thesis deals with evaluation of current status of condominium legislation, as it is present in Civil code, its implementing government decree, apartment ownership act and other related legislation. The thesis focuses on evaluation whether the current state is usable by general public, that is by people not equipped with legal education and without the knowledge of related case law, as well as on pointing out the application difficulties that result from unclear or impractical settings in some areas. Such application difficulties are documented by discussions and faulty acts of public administration. The first main topic is division of single object of ownership - the house to individual objects - units. This part deals with the two parallel definitions of units, their mutual differences, questions related to ownership of some parts of the house. Following is the part dealing with common parts, including the question if some parts can be owned by only some of the co-owners of the house, and the question of what is the regime of land around the house. The second main topic addressed is the rights and obligations of unit owner and the way common parts are managed. This part discusses the lack of clarity in the possibility to use common parts and...
Surrogate motherhood in European countries
Hovorková, Jana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Surrogacy is a contemporary and highly controversial social issue. It is closely linked to assisted reproduction, bioethics and the status rights of the individual. It is generally considered an alternative, extreme way to treat infertility, but it raises a number of moral, ethical and legal issues. Solutions are approached by individual states on individual bases, in the context of cultural, historical and religious values and traditions professed by their societies. This work deals with the comparison of individual national views on surrogacy, which are reflected in the legislation. It compares the German, French and Spanish regulations, as a representative sample of restrictive approaches and the British and Ukrainian regulations, which in turn reflect the supportive attitude toward surrogate motherhood. The dynamic development experienced by the legislation on surrogacy in Portugal is highly interesting. The ruling of the Portuguese Constitutional Court provides valuable insight into the current thinking of the democratic rule of law on surrogacy and its adjustment to meet the standard of human rights protection. The work also describes the dangers posed by cross-border surrogacy using relevant case law, especially with regard to the protection of the best interests of the surrogate child. It...

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