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National Repository of Grey Literature
12
records found
11 - 12
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Compensation for non-pecuniar damage caused by the excessive lenght of legal proceedings in Czech law
Knappová, Žofia
;
Hendrychová, Michaela
(advisor) ;
Šustek, Petr
(referee)
This thesis deals with the right consequences of violating the right of every participant of judicial proceeding, that in court proceedings on consideration of their cases within a reasonable time and without undue delay. In case of violation of the rights of the formation of the State's liability for harm suffered as a result of maladministration consisting in the excessive length of judicial proceedings. Thesis focuses mainly non-pecuniary damages incurred as a result of maladministration consisting in the excessive length of the proceedings and the forms of compensation, which allows Czech legal order. The lenght of civil proceedings may be considered excessive in case the lenght does not respond to the complexity of the case and its significance for the participants, even if there are no delays in court actions. There is a strong but reputtable presumption that excessively long proceedings causes non-pecuniary damage. Several types of remedy may redress the violation appropriately. The first form of satisfaction is so called pronouncement of excessivelly long proceedings. The pronouncement constitues the basic form of satisfaction. The victim is provided with financial compensation in case the pronouncement of excessivelly long proceedings is not considered sufficient and the non-pecuniar...
Detailed record
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...
Detailed record
National Repository of Grey Literature :
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