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The scope of liability to damages under the Commercial Code
Netík, Martin ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
The following diploma thesis is called "The scope of liability to damages under the Commercial Code". I have chosen this theme because the damages are one of the most important legal instrument and in accordance with the actual practice of the courts and legislative development also a dynamically developing part of the civil law with perspective on the new attitude to this instrument with respect to the draft bill of the new Civil Code. The aim of the thesis is to acquaint the reader with the current legislation, compare current legislation with respective court decision and opinions of the juristic community and offer new look on the issue. The thesis is divided into seven chapters. The first one is a preface and defines the matter of thesis. The last one is a conclusion and contains the final look on the scope of liability to damages under the Commercial Code and the brief review of conclusions contained in the thesis. Chapter Two deals with legal regulation of formation of the liability to damages and is composed of three parts, each of them is dealing with different matter of this formation. Part One contains the basic precondition, which shall be met in order to claim damages according to the Commercial Code. Part Two focuses on the duty to inform about the occurred damage. Part Three looks at...
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Protection of personal rights in continental system and common law
Ondřejová, Eva ; Švestka, Jiří (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
With the increased global infringement of personal rights, it is necessary to be aware of the protection in the different legal systems, especially Anglo-American. Even if the consequences are to be felt in the domestic legal order, the enforceability is recognized under the foreign legal order. The protection is worldwide and through the case law from the European Court of Human Rights the two legal systems - Common law and the Civil Law are penetrating the legislation and the case law in respect of the institute of the protection of personal rights. The doctorate thesis presents the complex introduction to the area of protection of personal rights in the Common law, especially in English law, Commonwealth countries and USA that has not been presented yet for the Czech legal professionals. The thesis explains theoretical concept of the Common law and its background for the purpose of explanation of differences of examined legal orders. The institute is explained on the key historical case law that led to establish the Common law principles. The thesis uses the current and topical legal cases and problems that the orders face in the 21st Century.
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Damages in Investment Disputes
Stanek, Michal ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
I Summary Master's thesis "Damages in Investment Disputes" concentrates on some of the current and controversial questions in this field. The aim of the thesis is to set light to the system of investment disputes and to elaborate on burning questions that arise within its scope. This concerns namely questions about its status under international law as such, but also questions connected to the nature of investment disputes which concern one private party and one sovereign party. Moreover, the aim of this thesis is to present an overview of the law of damages that forms the key remedy sought by investors. This concerns questions about the forms of remedies available as well as limitation of the amount of damages due to legal or factual reasons. It deliberately leaves out discussion on methods of calculation of damages as this discussion, even though important for assessment of final amount of damages for a particular investor, is not essential for the functioning of the system of international foreign investment law. In the first part (Chapters 1 - 4), this thesis concerns itself with the functioning of the system of investment disputes and analyses its historical as well as current context. After setting the system into its context, it presents (shortened) analysis of the nature of this dispute settlement...
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The issue of causation in personal injury claims
Troup, Matyáš ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The purpose of this thesis is to analyse the issue of causation in personal injury claims. The reason for my research is the fact that there have been an increasing numbers of cases where injured persons asked for some kind of compensation in the past years. The problem of causation is the most crucial and sensitive in such conflict. This thesis consists four chapters, each of them dealing with different aspects of causation in compensation for personal injury claims. Chapter one introduces the problem of damages for personal injury and other basic areas of compensation. Chapter two concentrates on the causation from the theoretical point of view. This chapter deals with some definitions of causation, explains its understanding abroad, presents theories that help us to prove, whether or not causation and causal relation exist, and it looks at special types of causation and describes when causal chain is broken. Chapter three is dedicated to questions of proving the causation. There are explained questions about lege artis procedure, the loss of chance concept and the no fault compensation system. Chapter four describes how causation is adjusted in the new Civil Code and in suggestions of European tort law codes. The main aim of the thesis is to describe the problem of causation from different...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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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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An injured party in criminal proceedings and his protection
Králová, Kateřina ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
An injured party in criminal proceedings and his protection Abstract This diploma thesis is focused on the topic of the injured party in criminal proceedings and its protection. The thesis provides explanation of the term of injured party including both positive and negative definitions, enumerates its granted rights. In the following chapters, the author describes other related institutes and provides a critical view on current legislation while proposing relevant changes. The thesis is divided into six chapters. At first, the term of the injured party is defined in the context of current legislation. This part is introduced with a brief summary of historical development of the term in context of legislation within our territory. In the following chapter, it continues with introducing the term of victim of a crime, which is closely related to the term of injured party. Both of these terms are compared to each other and it is emphasized that they are not hiearchical and cannot be used interchangeably. Subsequently, enumeration of procedural rights that the criminal code grants to the injured party is provided. Specific legislation related to granting of consent to prosecute by the injured party is examined. The procedural rights are categorized based on whether the criminal code grants a specific right to...
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Private Enforcement of EU Competition Law
Šimeková, Zuzana
1 Thesis Summary Private Enforcement of EU Competition Law Zuzana Šimeková 1. Starting points and goals of the thesis The main goal of my thesis is the application of the ever-evolving contemporary issues of private enforcement of the EU competition law, its developments in the legislative area and the decision- making practice of the European Commission and the Court of Justice of the European Union (the ECJ) to the pharmaceutical sector area. As regards the functioning of competition rules, the pharmaceutical sector found itself in the cross-hairs of the European Commission fairly recently. Its efforts resulted in the Pharmaceutical Sector Inquiry Final Report of 8 July 2009 (the Final Report). The primary subject-matter of my thesis is the assessment of the competition relationship dynamic between the originator and generic pharmaceutical companies, especially the degree by which the conduct by the originator pharmaceutical companies can delay market entry by the generic pharmaceutical companies and thereby negatively affect the consumers by (among other things) limiting availability of cheaper drugs. Despite the expectations of legal practitioners and academia, the European Commission did not rule in the Final Report whether the discovered conducts constitute violations of the EU competition law. The...
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Damages in International Investment Arbitration and the future of moral damages
Javorská, Barbora ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
in English language International investment arbitrations are an upcoming and dynamic factor within the current global economy, and damages embody one of their main characteristics, the monetary aspect. International investment arbitrations through International Investment Agreements protect both parties involved, a state and an investor on another state, that is a party to such agreement. The need to award damages to harmed parties to a dispute is imminent, even though the value and valuation of damages are not articulated in Bilateral Investment Treaties. Therefore, it is vital to set standards and principles that tribunals could adhere to when awarding damages. On the other hand, it is important to allow discretion, since the valuation of damages depends on the particular circumstances of each case. Acknowledged rules are fundamental to prevent discrepancies and discriminations, particularly when awards in international investment arbitrations can reach millions or even billions of U.S.$. The aim of damages is to provide full reparation standard when harm has been done to a party. In order to provide compensation to a harmed party, the tribunal first needs to assess the value of the affected investment and from that calculate the damages using a valuation method. The thesis will examine the...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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