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The Compensation for Corporal Damages in the Czech Republic and in France, Comparative Study
Hrdličková, Alexandra ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Summary: The main goal of the thesis is to compare the legal basis of compensation for corporal damages and compensated types of damages linked to corporal damages in the Czech and French legal systems. It aims not only to evaluate the benefits of each of the systems for victims but thereof to evaluate the ability of each system to counterbalance on the one hand the opportunity of the judge to consider the circumstances of each individual case and the sums therefore awarded, on the other hand the predictability of decisions for victims, without the excessive formality of the decision. At the end I consider the French legal institutions linked to this issue that could be the source of inspiration for the Czech legal practice. In the first chapter, I compare the theoretical basis of legal responsibility in both chosen legal systems and its influence on legal practices of compensation for corporal damages. These theoretical differences have essential consequences for practices of compensation for corporal damages in both legal systems. An example of this fact are different requirements for proving the causation link or the different role of application of the liability because of things that have essential consequences to victims' status in a case of disputes over compensation for corporal damages. The aim of...
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The mode and amount of harm and non-proprietary damages relating to health care
Gavendová, Lucie ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The mode and of harm and non-proprietary damages relating to health care The subject of this thesis is the issue of compensation of proprietary and non- proprietary damage suffered by patients during the provision of health care. Particularly, it is a damage resulting from bodily and deadly injury, which is most commonly caused by malpractice of doctors and other medical workers. Legal institute of damage compensation is of cardinal and irreplaceable importance in the area of Civil law. The thesis examines this institute from its material aspect, namely in terms of the mode and amount of compensation. First part of the work deals with the introduction of the major changes brought by the new regulation of Czech Civil law into the area of damage compensation and their potential impacts on this sphere. Subsequently, there are further definitions of compensation's content, mode and amount, their mutual relations and historical development. That is followed by presentation of the main functions of the material and non-proprietary damage compensation. The core of this work is focused on exploring the mode and amount of compensation for the different types of material and non-proprietary damage. In this part, there is widely used existing established practice of the courts, the author deals with...
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Action filed by company member
Trtková, Veronika ; Josková, Lucie (advisor) ; Štenglová, Ivanka (referee)
Action filed by Company Member Diploma thesis Action filed by Company Member is focused on analysis of the problematic areas concerning action by a member followed by a suggestion of possible solutions to such issues. The thesis is also focused on alternative mechanisms inside the company and consideration concerning the (non-)usage of the institute in practice. The first chapter defines the nature and objectives of the action by a member. Subsequently concrete types of occurrence are briefly defined and the institute is put into historic connection with the rules stated in Act No. 513/1991 Coll., the Commercial Code. The second chapter focuses on analysis of the main problematic areas of the institute. The thesis focuses on problems concerning active legitimation and its consequences when it is lost during the proceedings. Chapter also deals with the issues concerning representation of the company during the proceedings and the loss of the right to represent the company. The duty to pay judicial fees and expenses of the legal representation (attorney's expenses) or the issues concerning limitation period are also important. The chapter discusses the influence of the reflective loss, which is stated in Section 213 of the Act No. 89/2012 Coll., the Civil Code. The third chapter deals with the...
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Mode and scope of damages
Janurová, Petra ; Thöndel, Alexandr (advisor) ; Salač, Josef (referee)
in English This diploma thesis deals with the manner and extent of compensation for damage in civil law, which is systematically included in the fourth part of the Civil Code, entitled Relative property rights and in section named Obligations arising from torts. Specifically, the manner and extent of compensation for damage is defined in articles from 2951 to 2971. The thesis contains basic comparison of the conceptions of the manner and extent of compensation in the former Civil Code and in the new one, with emphasis on the most important reforms. It clarifies new terminology and describes the background of the newly established rules of law. It contains an analysis of the Czech legislation and its comparison with legislation of the neighboring states. It also mentions the European conception of the manner and extent of compensation for damage. The system of the thesis follows the organisation of the provisions on the manner and extent of compensation in the new Civil Code and is also divided into three chapters. The first one deals with compensation for material damage. Its main issue is the manner and extent of the material compensation and the conditions for its reduction. It also contains a provision on compensation for damage caused by an intentional criminal offence and rules for determining...
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Civil liability for bodily injury in the provision of health services
Pobudová, Dana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Civil liability for bodily injury in the provision of health services. The purpose of the present thesis is to analyse the issue of civil liability for bodily injury in the provision of health services. This issue is very topical, especially due to the adoption of new private law, which is presented in this work. The new legislation is evaluated and the problems that have occurred or might occur are defined. In addition the legislation of important institutes is compared with previous regulation. The thesis is composed of eight chapters, each of them dealing with different aspects of civil liability. Chapter one defines basic terminology used in the thesis. The next chapter presents the sources of law. Attention is paid to complex relationship between the Civil Code and the Law on Health Services, and also to a new type of contracts established by the Civil Code - agreement on health care. Chapter three mentions the basic relationship of medical law - the relationship between a doctor and a patient, including the reasons for its creation. The transformation from a paternalistic model to a partnership model is also highlighted. Chapters four and five are concerned with civil liability. At first the liability is defined in general, and subsequently individual facts relating to the provision of health...
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Compensation of harm in a group of companies
Dolnák, Martin ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee)
The master thesis deals with regulation of group of companies with emphasis on compensation of damages. In the introduction of the paper the law of group of companies is defined and the main purposes of the regulation are pointed out. The main aim of this legal field is to protect minority shareholders and creditors of subsidiaries through the system of compensation of damages. This primary obligation is supplemented by other legal institutes protecting vulnerable subjects. The paper also mentions leading concepts, which represent a template for the new system of regulation in the Act on commercial companies and cooperatives. The analysis of new rules concerning compensation of damages in a group of companies is determined by the structure of provisions in the Act on commercial companies and cooperatives. The most important is a new institute of influence, which protects the integrity and interests of the influenced subsidiary. In case that the parent company affects the subsidiary, the parent company shall compensate damages to the subsidiary and it shall be liable for the subsidiary's debts to its creditors. The paper provides an analysis of group of companies and compares it with rules of domestic and European tax law. It is also compared with rules in previous commercial code. Because of that...
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Professional liability insurance in the Czech Republic
Slanařová, Lenka ; Ducháčková, Eva (advisor) ; Galuška, Jiří (referee)
This diploma thesis deals with professional liability insurance in the Czech Republic. The first chapter focuses on a general description of the insurance and its construction, the basic classification of legal liability and explanation of the types of insurance. The following chapter closely examines the status of professional associations and analyzes the framework agreement concluded by the selected associations. Another part is focused on the professional liability insurance of insurance intermediaries and independent loss adjusters. The last chapter describes the progression and current situation of professional liability insurance, focuses on the current possibilities of arranging insurance and presents selected insurance products.
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The impact of the new Civil Code on liability insurance
Klierová, Irena ; Ducháčková, Eva (advisor) ; Rybák, Zdeněk (referee)
On 1 January 2014 the new Civil Code, the most important piece of legislation, has come into effect. It is a part of large recodification of the Czech civil law. This thesis, "The impact of the new Civil Code on liability insurance", points out the most significant changes and the implications which effects, among others, the insurance sector. The first part of the thesis addresses mostly the theoretical concept of liability, the elemental preconditions of liability and methods of compensation for material and immaterial damage, including comparison of claim rights under former legal norm and the current legal norm. It also mentions the ambiguity in law in case of compensation for work-related injuries and occupational diseases. The second part of the thesis is dedicated to describing the process of implementation of the new Civil Code to operation of insurance companies from both legal and financial point of view. This includes evaluation of the impact of the changes on settlement of compensation claims for immaterial damage from the first available data. The third part is focused on the characteristics of liability insurance and its construction. It includes basic breakdown by legal bindings and a description of types of liability insurances. The conclusion contains overall assessment of liability insurance on the Czech insurance market.
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Uplatňování újem způsobených požadavky ochrany přírody na lesním majetku statutárního města Olomouce
Srnský, Jan
This thesis is focused on the possibilities to apply detriment of forests according to the regulation no. 335/2006 Coll. Detriment, or financial compensations, appear as the results of restrictions to the forest management caused by the demands of the nature protection administration. The thesis focuses on the possibilities to claim these compensations, and their total worth, from the perspective of the forest's owner. As examples of actual compensation uses the thesis processed dates from the forest assets of the statutory city of Olomouc. In the thesis data from actual claims are compared to potential hypothetic claims. Furthermore, the thesis compares the detriment's value exercisable according to the legislative of the Czech Republic, to claims exercisable according to the legislative of Germany and the Slovak Republic.
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