National Repository of Grey Literature 71 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Liability of members of governing bodies of juristic persons
Novotná Krtoušová, Lucie ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee) ; Havel, Bohumil (referee)
Liability of members of governing bodies of juristic persons Mgr. Lucie Novotná Krtoušová Abstract The aim of the presented doctoral thesis entitled "Theoretical Concept of Liability of Members of the Governing Bodies of Juristic Persons" is to determine what requirements can be placed on natural persons who act as members of the governing bodies of juristic persons, and to specify the substance of due managerial care as a legal basis for potential liability. The Civil Code lays down the duty of a governing body member to act with due managerial care in the discharge of his/her office in its general part; the relevant provisions thus apply to members of the governing bodies of all juristic persons under both private and public law, provided that this is compatible with their legal nature. Compliance with the duty of due managerial care - in cases where the governing body members act as representatives of the juristic person - is the decisive criterion for determining whether or not they will be liable to the juristic person for any damage caused in the discharge of their office. However, it is questionable whether this is a case of fault-based liability for breach of a legal duty or strict liability for breach of a contractual obligation. The question of whether we will conceive liability of members of...
Feminist legal theory
Kvasová, Michaela ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee)
v anglickém jazyce Feminist Legal Theory The master's thesis deals with the feminist legal theory, a young and dynamic legal field which is one of the challenges of current law. This theory is a combination of law and gender studies. Its focus lies in Anglo-American system of law, in which it has a dignified place among legal theories. In the Czech legal system, the feminist legal theory is not well known, but for those interested, the Faculty of Law of Charles University opens a compulsory subject Gender and Law regularly in the summer semester. The thesis is based mainly on sources in English, which were made available to the students participating in this subject. In the Czech language, no comprehensive publication has yet been published on the topic of feminist legal theory. The objective of this thesis was to elaborate this extensive legal field and present it to potential Czech readers. The structure of the thesis consists of an introduction, three main content parts and a conclusion. The parts are further divided into chapters, paragraphs, and sections. The first part deals with the concepts of feminism and gender, which represent the basic theoretical basis for the study of feminist legal theory. A separate chapter is reserved for each of the concepts, classifying them in the historical...
Language, Translation and Law
Lipertová, Ivana ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
Language, Translation and Law The main objective of this thesis is to explore the interconnection of law and language with a special focus on legal translation. The author of the thesis analyses the history of legal translation together with multilingualism in European Union. The thesis is divided into three major parts: "Language in law", "Translation in law" and "Language(s) and multilingualism in the European Union". The author explains the term legal language in the first part. The attention is directed to indeterminacy and incomprehensibility of the legal language as well as to legal vocabulary and stylistics of legal discourse. The author furthermore analyses the role and legal regulation of the legal language in Czech legislation. The plain language movement is noted as well. The second part of the thesis examines in detail various aspects of legal translation. The author summarises legal translation history worldwide as well as the historical development within the Czech territory. Legal translation is addressed on the basis of the specific use of translation (legislation, international treaties, certified translation and interpretation). In the certified translation and interpretation history the author introduces the sworn interpreters cabinet decree of 22 December 1835 (Hofdecret 109....
Freedom of Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law
Rybář Holubová, Eliška ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee) ; Polčák, Radim (referee)
Freedom of Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law Abstract This dissertation entitled Free Speech and its Postmodern Challenges in Perspectives of European and American Theory and Case Law joins a vibrant conversation about the changing nature of free speech in the digital era. The internet, both as a communication technology and a multimedia platform, has fundamentally transformed the world around us: political, legal, media, economic and other important dimensions of our postmodern society. As internet expanded and became almost omnipresent, it also emerged as an essential domain for freedom of speech, becoming a new public square, newspapers, radio and TV. This new and inter- connected digital cosmopolis introduced brand-new legal challenges, reflecting the inherent tension between the global virtual community and local legal rules and systems. The purpose of this disseration is to modestly contribute to the current discourse and to introduce some complexities of this brave new world of digital free speech. The internet, particularly Internet 2.0 in the era of social networks, redefined the rules of the game, transformed the field as well as the players. The new pluralist model of digital free speech can be portrayed as a structure with complex...
Legal liability: theoretical and comparative analysis of pure economic loss
Takáčová, Dominika ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
LEGAL LIABILITY: THEORETICAL AND COMPARATIVE ANALYSIS OF PURE ECONOMIC LOSS The purpose of my thesis is to introduce the concept of pure economic loss and its setting in the jurisdictions of France, England, Germany and the Czech Republic. The comparative study of pure economic loss reveals that granting compensation for economic loss frequently interferes with the economic loss rule (or exclusionary rule), which states that a plaintiff can not recover damages for a pure financial loss. Legal doctrines provide little insight as to why liability should, or should not, be denied. On the other hand, economic models of liability provide some valuable guidance for classifying various categories of economic loss, and identifying cases in which denial of recovery for economic loss would lead to inefficient outcomes. A law and economics analysis shows that a key factor in determining the optimal scope of the economic loss rule is in the relationship between pure economic loss and social loss. Economic loss should be compensable in torts only to the extent that it corresponds to socially relevant loss. A plaintiff cannot recover damages for a purely private economic loss. Our hypothesis is that, although not formally adopting this economic criterion, European courts are attentive to efficiency...
Methodological Problems of Comparative Law
Ejubovič, Denis ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
Methodological Problems of Comparative Law Summary From the end of the Second World War the comparative law is constantly growing. Growth of the comparative law was enabled, but also forced, by escalating globalization. Development of an information and communications technology in the past decades growth of the comparative law only accelerate. On this aggressive growth the comparative law wasn't prepared, which led to perversion of its content, subversion of its method and establishment of Feyerabend's methodological anarchism, which to this day under the slogan "anything goes" reigns over the comparative law. This thesis is an attempt to create order in the comparative law. We don't do that for the comparative law, or because of the current state of the discipline, but because of our own interest in application of the comparative method in the legal science. In the first section of this thesis we propose a working definition of comparative law. In the second section of this thesis we focus on the structure of comparative method: on the structural elements which compose the comparative method. In the third section of this thesis we focus on the composition of comparative method: on the compositional elements by which are the structural elements of the comparative method integrated into the complete whole....
Non state justice systems & pluralism of law
Ivančo, Alex ; Kühn, Zdeněk (advisor) ; Maršálek, Pavel (referee) ; Holländer, Pavol (referee)
The theme of this thesis is the assessment of the prerequisites for the pluralism of law and non-state justice systems to improve the possibilities of solving disputes in society. The main research question is whether non-state justice systems fulfil a social role in providing justice. The thesis should offer a descriptive analysis of the concept of legal pluralism and methodological procedures for the inclusion of non-state justice systems in the state. The outcome of the work should be an overview of the possibilities of interaction between different legal systems, whether formal or customary, of the different ways of resolving disputes in this environment, and of the contribution of such proposals to the reform of the legal environment that count on the real situation in society. The thesis of procedural pluralism and participatory methods of solving disputes that have a user, a citizen in the center of these systems is offered as a starting point for new designs. The final part of the work will therefore explore current approaches to improving legal systems that aim to increase participation of user based on their needs, and will include some cases for comparing individual programs to improve legal systems.
What is Binding in a Judicial Decision? (Czech-English Coomparison)
Novák, Luděk ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
What is Binding in a Judicial Decision? (Czech-English Comparison) The aim of my thesis is to answer the question what is binding in judicial decision in Czech-English comparison. It thus deals with the issue of bind- ingness of the judicial decision and also, which part of the decision constiň tutes its binding element in the Czech law and in the law of England and Wales. The initial impulse was given by the fact that in judicial decisions of Czech highest courts there relatively often appear terms which originally come from common law systems. Therefore I try to compare the role which judicial decisions play in the civil law and common law in general and then more in detail in the Czech law and the law of England and Wales. The thesis is composed of eight chapters. Introductory Chapter states reasons for the choice of topic, aims and the method of research. Chapter Two examines the role of judicial decisions in civil law and consists of two subchapters. Subchapter One deals with the history of the role of judicial de- cisions. Subchapter Two then considers the significance and the normative force of judicial decisions at the present time. Chapter Three on the other hand examines role of judicial decisions in English common law and also consists of two subchapters. Subchapter One concisely...
Hate speech throughout the continents
Fleček, Robin ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
1 Abstract Thesis title: Hate speech throughout the continents The aim of this thesis is to shed light on standings and rulings of the United States Supreme Court and the European Court of Human rights in hate speech cases. It defines the term "hate speech" and presents grounds used for its restrictions when it comes to freedom of expression. Through introducing established principles that govern the decision-making of both courts and analysing them in key judgments on both continents, the author is trying to determine possible alterations that may lead to enhancing the protection given by hate speech case-law. The author also analyses historical and social impact on the case-law of both the Supreme Court and the ECHR and finds that this influence has led to establishment of crucial principles without which the hate speech cases could hardly be decided today. Both historical and social factors lead the author to the conclusion that the protection against hate speech could still use a tune-up. In author's point of view, the Supreme Court should ease the grip on the First Amendment and give the "true threats" principle, established in Virginia v. Black, leave to prohibit not only intimidating expressions but harmful expressions as well - both physical and mental. The Supreme Court should also strengthen the...

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