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The municipality as a public guardian
Kapičková, Kateřina ; Dobiášová, Karolína (advisor) ; Angelovská, Olga (referee)
Dissertation deal with custodianship of adult persons who are, on the ground of court order, limited their own no legal competention. The main purpose is to describe and explain institutional care adjustment to persons who are limited their legal capacity, and thus give an explanation of public custodianship in the Czech Republic. Custodianship of adult person is set in Civil Code, num. 89/2012, which has brought changes into assessment of legal competention of adult persons. In case, there is no family member who is able to care of no legal competention person, the court enact the village, where is person's permanet address, to be his carer. Public custodianship legislation has been missing up to now, the only document that has been given to help self -government clerks is methodical manual. Besides describing no legal competention care of persons in ny dissertation, I engage in identification problems and putting public custodianship into practise. I identify daily problems of administration workers relating to public custodianship. In empirical part, using qualitative form of research, I interview workers in Liberec district, who work in area of local custodianship.
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Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
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Differences in legal status of same-sex marriage between selected US states: California, Texas, Florida
Hodboď, Dominik ; Anděl, Petr (advisor) ; Kozák, Kryštof (referee)
This thesis deals with the issue of same-sex marriage in California, Texas and Florida. Gay marriages is a very hot topic nowadays in the US. After the Supreme Court decision in June 2013, which struck down a law that explicitly defined marriage as a union only between a man and a woman, ensued a wave of states legalizing gay marriages. After another Supreme Court decision in October 2014 on the issue, it became legal in the majority of US states to wed couples of the same gender. Texas and Florida did not join these states. California on the contrary legalized same-sex marriages. The thesis searches for reasons of this disparity in legal status of gay marriages between the three states. Particularly it looks at political aspects of the issue. The thesis describes the political situation in the examined states and approach of the politicians to the question of same-sex marriages. It also deals with relevant court cases which are essential to the issue. From the researched outcomes it finds reasons for differences in legal status of same-sex marriages between California, Texas and Florida before the October 2014 Supreme Court decision.
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Circumstances and Legal Consequences of Daytime Road Accidents with Pedestrians
Rožková, Magdaléna ; Tylšar, Vladimír (referee) ; Semela, Marek (advisor)
The diploma thesis „Circumstances and Legal Consequences of Daytime Road Accidents with Pedestrian“ deals with the interpretation of legal decisions on traffic accidents causes by the vehicle during the day and where the other participant was a pedestrian. The main aim of this work is to find the established limits for the assessment of fault in comparable accident situations. Basic concepts, as a traffic accident, participants of traffic accidents and the position of an expert in the criminal proceedings, are defined within the theoretical part of the thesis. It also deals with the biomechanical aspects of a pedestrian – vehicle collision and the violation of specific regulations. Approximately 1,530 judical decisions were studied and analyzed in the analytical part, of which 40 were selected, that correspond to the requirements of this thesis. In the analytical part there are also 4 expert opinions provided by the Institute of Forensic Engineering of Brno University of Technology, where the above – mentioned limits for the assessment of accidents were applied, as well as the decision according to the jurisdiction.
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Analysis of selected judicial decisions in the field of landscape character
Honzová, Markéta
The paper deals with analysis of selected judicial decisions in the field of landscape character and its legal aspects. Special attention has been paid to decisions of Supreme Administrative Court which significantly affect the application of law. Landscape character is subject of litigation quite often, especially because of absence of implementing decree to protect landscape and broad definition of the term in relevant legislation. Analyzed decisions relate mainly to possibility of using expert opinions for landscape character assessment, as well as the absence of implementing decree, evaluation of economics benefits of intentions, statement of nature protection authority in construction proceedings etc.
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Interpretation of traffic accident analysis results in relation to related legal decisions
Běloušková, Kristina ; Tylšar, Vladimír (referee) ; Semela, Marek (advisor)
The diploma thesis titled Interpretation of traffic accident analysis results in relation to related legal decision deals with the interpretation of legal decisions accidents with not giving right of way. The main goal of this thesis is to find an established line for assessing culpability for comparable accident situations. Before the analysis of the 230 court rulings measurement is performed to estimate the distance an speed, because it is closely connected with right of way. In the context of theoretical part is characterized by a right of way, an expert in criminal proceedings, the road traffic regulations, penalties and the factors that influence us while driving. The analytical part draws on 230 court rulings and 5 expert opinions provided by the Institute of Forensic Engineering of the Technical University in Brno. Conclusion of the analytical part an established threshold for assessing culpability for comparable accident situations is found.
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Privacy and anonymization in repositories of grey literature
Koščík, Michal
Current trends in the case law of the Court of Justice of the European Union suggest that the person who systematically processes documents in a repository can be a qualified as a processor of personal data. The operator of the repository can therefore face requests for anonymisation, or removal of information contained in his metadata in order to protect ones personal data . This paper aims to describe real life scenarion that can occur and provide instructions on how to proceed in similar cases.
Fulltext: idr-805_4 - PDF Slides: idr-805_1 - PDF; idr-805_2 - PDF Video: idr-805_3 - MP4
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