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Compensation of Non-Material Damage Caused by Excessive Length of Judicial Proceedings - Comparison of Czech and German Legislation
Soukupová, Soňa ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This diploma thesis concerns the legislation governing compensation of non-material damage caused by excessive length of judicial proceedings in the Czech Republic and in the Federal Republic of Germany. In cases where prevention of excessive length of judicial proceedings is impossible, it is important at least to put suitable legislation in place in order to compensate for the arising non-material damage. The aim of this thesis is to make an overview of the respective Czech and German legislation, to compare and evaluate de lege ferenda. The thesis deals in detail with the case law of the ECHR concerning the right to trial within reasonable time since this is the base for both legislations being compared. This thesis consists of five chapters. The first chapter defines non-material damage and provides overview of general legislation governing non-material damage in the Czech Republic and in the Federal Republic of Germany, including its development in both countries. The second chapter concerns conclusions of ECHR case law in this matter, which is the basis for both national legislations. The third and fourth chapters focus on Czech and German legislation. The structure of these chapters is similar, describing which legal regulations govern this matter, their force, evaluation of proceedings...
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Empirical analysis of non-pecuniary damage compensation to victims of rape
Vanča, Tomáš ; Dušek, Libor (advisor) ; Čihák, Jakub (referee)
Empirical analysis of non-pecuniary damage compensation to victims of rape Abstract In the last thirty years the image and the position of the victim has changed; as a result, an extra layer has been added to the concept of crime: 'crime' nowadays represents a violation of the public interest, as well as a violation of the individual victim's interest. Also, a limited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on analysis of 350 judicial decision about non-pecuniary damage compensation in rape cases in Czech Republic, this thesis asks: How the criminal courts deal with the monetary claims of the victims, in what amount they awarded them, what rules they use in their decision-making and also what factors play a role in determining the amount. The findings suggest that, in only a third of cases rape victims claims non-pecuniary damage in adhesive proceedings, if they do so, they have a two-thirds chance of succeeding. The courts do not award high non-pecuniary damages, but the victims' claims are not exaggerated either. The regression analysis conclusions reveal that the courts are guided by more by legally relevant factors when determining the amount of non-pecuniary damage, but also reveal statistically significant differences between judicial...
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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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Harm to the natural rights of an individual
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Frinta, Ondřej (referee)
Resume Findings collected in this rigorosum thesis confirm that functional and sensitive settings of the universal system of private law, which provides the legal protection of values connected naturally with human being against unlawful attacks, is an essential task for every civilized legal environment because the natural values connected with a human are really important. The text suggests that the conception of this legal protective system consisting of three cohesive components, namely the conception of an object of legal protection, civil liability, a list of protective rights), is shaped by findings, which have their origin in legal theory, written laws and case law. At the beginning of this rigorosum thesis I concentrate my attention on the first component of the legal protective system. Due to the elastic range of legal protection exclusively focused on human being as an individual, and as a person of law in the legal sense, it is allowed to try to achieve protection of all natural values of human being, that in the summary create the most personal, the innermost and the most intimate sphere of human being1 . This type of particular values has either a biological or psychological or sociological character. The substantive definition of the interest which is protected by law, cannot be complete. In...
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Harm to the natural rights of an individual
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Frinta, Ondřej (referee)
Harm to natural rights of an individual Abstract Findings collected in this rigorosum thesis confirm that functional and sensitive settings of the universal system of private law, which provides the legal protection of values connected naturally with human being against unlawful attacks, is an essential task for every civilized legal environment because the natural values connected with a human are really important. The text suggests that the conception of this legal protective system consisting of three cohesive components, namely the conception of an object of legal protection, civil liability, a list of protective rights), is shaped by findings, which have their origin in legal theory, written laws and case law. At the beginning of this rigorosum thesis I concentrate my attention on the first component of the legal protective system. Due to the elastic range of legal protection exclusively focused on human being as an individual, and as a person of law in the legal sense, it is allowed to try to achieve protection of all natural values of human being, that in the summary create the most personal, the innermost and the most intimate sphere of human being1 . This type of particular values has either a biological or psychological or sociological character. The substantive definition of the interest which is...
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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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Qualified persons in the field of occupational risks
Fichtner, Jan ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
Qualified persons in the field of occupational risks Abstract Qualified persons in the field of occupational risks are persons dealing with different levels of risk, different extent and type of risks. In this set is not only the person for health and safety, but there are other qualified persons as well. For example, a qualified person who provides and performs the ccupational health services, a qualified person for fire protection, a construction safety coordinator, as well as an inspection technician of dedicated technical equipment, etc. A key qualified person in occupational risk and health and safety prevention is a person who assist employers in occupational risk prevention by managing risk identification, providing risk assesments, identification of source and risks causes and incidents. This person takes care about risk factors on worplaces such as microclima, chemical and biological hazards, noise, ergonomy and many others risks and continuosly advises employers of identificated risk on workplaces. He leads as a expert in health and safety, but not responsible, for applying right and effective principles of work safety and accident prevention and provide high qualified consultating job for employers. As well as is need to be noticed that employers has a legal obligation to have minimum one these...
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Compensation for non-material damage in the event of injury and death in collateral proceedings
Regnerová, Eva ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Compensation for non-material damage in the event of health injury and death in adhesive proceedings Abstract The topic of this diploma thesis is compensation for non-material damage in event of health injury and death in adhesive proceedings. This is a complex topic in which the provisions and principles of criminal and civil law intertwine. Adhesive proceedings are an institute of criminal procedural law that allows the injured party to recover damages, non-material damage and unjust enrichment during criminal proceedings without having to proceed in civil proceedings. Non-material damage is an institute of private law; when deciding on the amount of non-pecuniary damage, the court decides on the basis of private substantive legal provisions. The first part of the theis is focused on the position of the injured party in criminal proceedings. The thesis first defines the position of the injured party, his rights, the possibilities of his representation. The main emphasis is placed on the conditions for claiming the injured party's claim, so that for procedural reasons the injured party is not referred to civil proceedings. In the second part of the work, non-material damage is dealt with, first in case of personal injury, in the next part in case of death. In both of these separate chapters, the current...
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Collateral proceedings
Vincík, David ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The presented thesis focuses on the topic of adhesive proceedings, ie on a specific part of criminal proceedings, in which the court decides on damages, non-material damage or the issuance of unjust enrichment. It is these negative consequences that may, and in many cases do, result from the commission of crime. This topic is therefore strongly related to the person of the injured party, as the injured party is entitled to damages, non-pecuniary damage and the issue of unjust enrichment, and it is the injured parties who assert these claims in the adhesive proceedings. Therefore, in its introductory part, the thesis deals with the injured party and their individual rights, especially the right of the injured party to claim damages in general. It further clarifies the difference between the injured party and the victim and also deals with the position of the injured party and the victim in international and European law. The next part of the thesis is completely focused on the issue of adhesive proceedings, notably on its importance and specifics, which clarifies some differences from the form of criminal proceedings, and also on subjects of adhesive proceedings, where it deals with both natural persons and legal entities. Furthermore, the thesis deals with particular substantive claims that can be...
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Critical comparison ofcompensation schemes for non-pecuniary harmand incurred duplication
Tázler, Jakub ; Zvára, Michael (referee)
1 Critical comparison of compensation schemes for non-pecuniary harm and incurred duplication Abstract The Diploma thesis deals with critical comparison of compensation schemes for non-pecuniary harm and incurred duplication. The aim is to describe how non-pecuniary harm is compensated in case of health-related harm, with particular regard to comparison of schemes according to Civil Code and Labour Code. This description and critical comparison of both schemes leads to reflection, that this incurred duplication is not in accordance with the constitutional values, and that, in the future, changes will be needed, so that this accordance would be achieved. The thesis is divided into six chapters. The first chapter defines basic terms, with whom it tis worked in the text - harm. What is that, when is it compensated, how is it laid down in Civil Code and Labour Code. The second chapter deals with the history and development of compensation for non-pecuniary harm in case of health-related harm. Next chapter describes key document for calculation of the amount of compensation - Supreme Court's methodology and the Government Regulation used for accidents at work. In this chapter there are mentioned two other legislations, Civil service employment Act and Professional soldiers' Act. Chapter "incurred duplication and...
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