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Liability of the governing body of a joint-stock company before and after recodification of private law
Grundman, Vojtěch ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
in English The thesis deals with the liability of the members of statutory authority of a joint-stock company in antecedent legislation and in present legislation. These legislation are compared and their differences are described. Duties of a member of statutory authority (foremost duty of care), whose violation led to commencement of obligation to compensation for damage, are characterized. Specifically the thesis deals with their obligation to pay damages and their liability for damage. These relations are analyzed not only to company itself, but also in relationship to the shareholders and third persons. Thesis contains also research of claiming damages and business judgment rule.
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Sanctions for breaching the obligations within employment law relationships
Černá, Michaela ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
1 Summary Topic of this Master's thesis are sanctions for breaches of obligations of participants of labor law relationships. The first and the second chapter focus on the introduction into researched issue of legal sanctions. The author defines basic concepts which are relevant for the thesis. Then the author deals with the definition of the legal sanction and analyzes the relationship between the legal sanction and the legal liability. The author furthermore explains the basic behavior of the legal sanction and its significance. The third chapter follows on term definition from the first part of the thesis. It consists of brief interpretation of chosen private law sanctions in the labour law. It presents sanctions as nullity of legal act, relative inefficacy of legal act, limitation of actions and preclusion and liability. The main part of this thesis focuses on liability of employee for damage. The fourth chapter describes the division of labour law liability into different kinds. It also introduces the issue of liability for damage. In the fifth chapter the author introduces the employee liability in context of legal sanctions and a detailed explanation of the valid legal regulation of employee liability for damage. It focuses on the General Liability, Liability for Non-Fulfilment of the Duty to Prevent...
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Legal aspects and their application in the real work of nurses standardized nursing procedures
Jánská, Lucie ; Rožnovská, Ludmila (advisor) ; Vaňková, Dana (referee)
Author: Lucie Jánská Institution: Institute of social medicine Faculty of medicine in Hradec Title: Legal aspects and their fair application in the work of the sister with standardized nursing procedures Supervisor: JUDr. Ludmila Rožnovská Count of pages: 78 Count of attached pages: 1 Year of completion: 2016 Keywords: standardized nursing procedures, the quality of care, kompetence, legal responsibility The thesis is made up of two parts, theoretical and practical. In the theoretical part are clarified the knowledge regarding the quality of nursing care, evaluation of this quality and brings the analysis of standardization. It deals with the komplete of General nurses and thein legal responisibilities. The practical paet of the reports on the researcg, which took place in a large hospitál with participation of the 91 respondets. Reports on thein awareness, knowledge, competences and legal awareness. Discussion and conclusion of the summary ot the results obtained are served.
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Legal Knowledge of the Primary School's Director
Korbelová, Simona ; Kitzberger, Jindřich (advisor) ; Svoboda, Petr (referee)
This bachelor thesis is aimed at legal consciousness of primary school management. Basic legal concepts in the area of educational legislation that should be known to all school headmasters are given. The position of school headmaster in the current school system is discussed as well as his/her role based on school legislation and legal norms. Research has been focused on verification of skills and knowledge in the area of educational legislation of head teachers, mapping current situation of their involvement in labour-law relations and exploring the way statutory regulations are acknowledged, applied in practice, passed on to subordinates and how frequent changes in legislation are met. For clarity the results are presented graphically.
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Philosophical and Psychological Aspects of Free Will. The Free Will and Responsibility
Stanková, Eva ; Kosek, Jan (advisor) ; Ondřejková, Jana (referee)
The question of free will, determinants of free action and responsibility is one of the most thrilling questions of the mankind. Moreover, the free will problem is closely connected to regulation and hindsight judgement of man behaviour so the law is concerned with the problem as well. However, a legal concept of free will is missing in the Czech law or legal theory. The author is therefore concerned with the fact that there is no satisfactory legal definition of free will even though legal responsibility is impliedly based on free action and free will. The Czech law defines just the freedom of action in negative terms, i.e. as an action of will free from circumstances limiting or precluding legal responsibility. The aim of the thesis is to summarize knowledge of social psychology regarding free will and assess whether the Czech law does impose the right standard of freedom of will in comparison to scientific experiments and findings. Furthermore, there are philosophical theories of free will introduced in the thesis and consequently these theories are questioned and examined for the purpose of defining legal concept of free will. At the end of the psychological part of the thesis one comes to the conclusion that the social determinants such as peer pressure, conformity and obedience to authority...
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The theoretical conception of pre-contractual and contractual liability
Cienciala, René ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
OF DIPLOMA THESIS THE THEORETICAL CONCEPTION OF PRE-CONTRACTUAL AND CONTRACTUAL LIABILITY Author: René Cienciala Supervisor: doc. JUDr. Karel Beran, Ph.D. Department: Department of Legal Theory and Legal Doctrines The purpose of my thesis was to analyse theoretical aspects of precontractual and contractual liability under Czech law. I particularly focused on precontractual liability (also known as culpa in contrahendo) due to its unclear and unresolved theoretical conception among Czech jurisprudence. The thesis consists of eleven chapters including one annex. After short introduction, I briefly analysed the meaning of a general term legal responsibility/ liability in the second chapter, and a historical background including the original Jhering's conception of culpa in contrahendo in the third part of the thesis. The fourth chapter is devoted to defining the scope of precontractual liability and specific precontractual duties and/or obligations during a contract negotiation under both current and revised civil law. I comprehensively analysed underlying principles of a concept of precontractual liability, its general nature and a nature of precontractual relationship in the fifth part of the thesis. I also tried to provide theoretical description and definition of the conception of culpa in...
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The Skiing of pre-school and basic school children
Lhotáková, Anna ; Hanzová, Marie (advisor) ; Mojžíšová, Jarmila (referee)
9.RESUMÉ The goal of this paper is the analysis of pedagogical activity within skiing tuition of children of preschool and school age with determination of suitable methods of skiing education of children regarding their age. Within the submitted work I put all my effort into introduction of skiing as not only an ideal educational tool with maximum positive impact on personal development of a child, but also as perfect tool for putting the pedagogical methods education and guidance of children into real life practice.
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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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Legal responsibility
Pražák, Pavel ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
- Legal responsibilty Pavel Pražák The purpose of my thesis is to analyze the institute of legal responsibility that is very often used in the Czech doctrine and in legal acts. The reason for my research is to clarify the clear content of this term. The thesis is composed of two parts, each of them using a different method. Part One is deductive. It is divided into eight chapters. Chapter One is introductory and defines the term "responsibility" according to the common Czech language and clears the terminology used in the thesis. Chapter Two examines mechanisms of Roman law similar to the contemporary legal responsibility. It deals primarily with the institutes of "nexum" and "stipulatio". Chapter Three concentrates on the function and role of legal responsibility in law. It defines its most universal function as well as its concrete roles. Chapter Four is subdivided into four subchapters and provides an outline of relevant Czech doctrinal concepts of legal responsibility, such as the concept of active responsibility or the sanction doctrine. It also deals with the classification of the concepts provided by Josef Macur in the 80's. Chapter Five describes the German doctrine in the field of legal responsibility. It clears the German terminology, deals with the doctrine of "Schuld und Haftung" and...
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