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Nurses' duty of conifidentiality and the consequences of its breach
Benešová, Pavla ; Prošková, Eva (advisor) ; Konečná, Jana (referee)
The aim of my thesis was to find out what is the legal awareness of nurses in the issue of confidentiality. Furthermore, it was examined whether nurses know what are the consequences for unauthorized access to the medical records. The theoretical part of this thesis describes the mandatory confidentiality issue and its consequences. And it defines the concepts of personal and sensitive personal data. In addition the conditions under which it is required to break confidentiality and the consequences of breach of legal obligation are mentioned. Describe the legal responsibility of nurses. In the practical part of the work I use qualitative methods of data collection, interview, for me to respond to major and minor research questions. I use interviews conducted with nurses, for doing analysis of the case and to describe the measures taken by the employer at the Municipal Hospital in Litoměřice.
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The extent of legal liability of the State for misconduct in the exercise of state powers
Patočka, Vojtěch ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
In the presented work I study the concept of liability of the State for misconduct in the exercise of state powers. The main aim is to show why this concept needs to be different from the one we know from civil law. The legal relationship between the State and an individual is a relationship that differs from the one we know from civil law, given that it is related to the exercise of power. Therefore we have to construct specific legal conditions in order to find the State liable for damages that an individual may suffer in such a relationship. In the first part I question the main function of the State's liability for damages. I show that it has good influence on the administrative bodies in the way that it forces them to follow the law. On the other hand this influence must not be overestimated. In the next part I study the basic elements and conditions of liability. I work with the domestic law as well as with the liability principles formed by the judicial decisions of the EU Court of Justice. I compare both these systems of liability for damages with regard to how they respond to the specific features of the relationship between a State and an individual. Final part of this work tries to explain why different branches of state power should be treated differently. I show on examples what kind...
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The Casual Connection as an Element of the Legal Liability
Haščák, Josef ; Gerloch, Aleš (advisor) ; Beran, Karel (referee) ; Harvánek, Jaromír (referee)
The Casual Connection as an Element of the Legal Liability Abstract of Dissertation The concept of the casual connection is not understood in a uniform manner, although it represents the principal legal institute that enables functioning of the law. However, the nature and purpose of the legal liability in the Czech jurisprudence remains the object of discussions, and this is supported by the fact that the positive legal regulation uses the concept of liability at random. Within the vindicative concept of the legal liability as the secondary legal liability arising as the result of the violation of the primary legal liability, we can discern several basic elements. It is particularly the violation of the legal liability, the negative consequence consisting in the violation of or a threat to the legal values, as well as the casual connection between the wrongful act and the negative consequence. The causal connection is the principal element of the legal liability which represents the objective element whereby a wrongful act may be attributed to a certain subject. Thus, the causal connection transmits the penal liability to the subject concerned. Mostly, it is not difficult to find the element of violation of the legal liability and the negative consequence. However, the situation is more complicated in the...
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Liability of governing bodies of limited companies agaist third parties for a breach of duty in the course of performance of function from a comparative perspective
Hradil, Petr ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Liability of governing bodies of limited companies against third parties for a breach of duty in the course of performance of function from a comparative perspective The thesis deals with the legal liability of company representatives, an important theme for several reasons. One is the fact that companies are legal persons, or entities which do not exist in reality and whose intentions are realised through persons distinct from them, namely their representatives. Both legislation and the memorandum of association impose many duties on representatives which must be fulfilled. It may happen that these duties are breached, resulting in damage to a company, its associates, and other neutral parties, most often the company's creditors. We must consider if the legal order should pierce the veil around companies and allow the possibility of persons acting on a company's behalf to be directly sanctioned. The thesis attempts to analyse the circumstances under which company representatives should be directly liable for their actions. With regard to the fact that the legislation is not developed in the Czech Republic, I had to work with foreign examples and deduce which provisions of Czech law might be useful for the development of the theory. The first four chapters present and deal with concepts which are...
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The application of legal standards in materials engineering
Večeřa, Petr ; Pantělejev, Libor (referee) ; Pavloušková, Zina (advisor)
The thesis describes points where the basic universal prescriptive system of law interferes with the questions of materials engineering. The main part of the thesis concerns legal liabilities, mainly civil liability represented with liability for defects. Basic analysis of chosen topics concerning liability for defects is done, defects are divided into groups as far as both technical and legal point of view is concerned. Consequently, the most common methods, principles and tests used for recognition and assessment of materials characteristics, both destructive and non-destructive, are described. Chapter, which deals with degradation processes follows. Integral part of the thesis are thoughts of possible types of legal liabilities, which could be important for materials engineers, with basic recommendations for contracting, as well as chosen problems connected with judicial proceedings and out of court settling of disputes. Technical standards are described with high attention, because both technical and legal public is not familiar with the legal background of technical normalisation.
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Liability for damage in business law
Bohdanová, Alena ; Švarc, Zbyněk (advisor) ; Žák, Květoslav (referee)
The bachelor thesis deals with liability for damage in business law. The first chapter is dedicated to legal liability and its types. The second chapter is about history of the liability for damage. The third chapter is about the liability for damage in business law itself and the last part is dedicated to aplication of the theory into the real praxis.
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Legal Liability of a Social Services Employee
Mitlöhner, Miroslav
The author explains the term of legal rule and legal consciousness, he determines the preconditions leading to the legal liability origination. Apart from general liability, he also mentions special kinds of liability for damage. He also pays attention to the new legal regulation of the protection of personal data.
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Odpovědnost za škodu v obchodním právu
Podojilová, Petra ; Kalinová, Miluše (advisor) ; Koucká, Jiřina (referee)
The bachelor thesis deals with problems of the liability for damage in the commercial law. The main aim of this thesis is to provide well-arranged and consistent information about the liability for damage in the Czech commercial law. At the beginning there is the definition of the liability and in the following part there is the explanation of the liability for damage according to the Civil Code and Commercial Code. This part of the thesis includes both the general and the special legal regulations.The practical part of the thesis includes three judical decisions. These decisions help to understand how courts work and adjudicate in practice.
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The Liability for Damage in the Commercial Law
Hindrová, Barbora ; Kalinová, Miluše (advisor) ; Švarc, Zbyněk (referee)
The bachelor thesis deals with problems of the liability for damage in the Czech commercial law. The main aim of this thesis is to provide well-arranged information about the liability for damage in the Czech commercial law. At the beginning there is the definition of the liability and in the following part there is the explanation of the liability according to the Civil Code and Commercial Code. This part of the thesis includes the general and special legal regulations and also the noncontractual liability. The conclusion of the thesis is devoted to the examination of the causality and the example of the liability insurance of the private limited liability company.
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