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Non-pecuniary harm and its compensation in judicial practice
Kepková, Pavlína ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...
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Just satisfaction as an unfair-competition claim
Jakoubek, Michal ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
This diploma thesis deals with the question of an adequate satisfaction as a claim resulting from violator's unfair competition conduct. The thesis is divided into three parts. The aim of the first part is to define general presumptions for the commencement of claim of the adequate satisfaction such as unlawfulness consisting in prohibited unfair competition conduct, injured party's non-pecuniary harm, causal link between violator's unlawful conduct and injured party's non-pecuniary harm and violator's fault. The second part defines persons entitled to claim the adequate satisfaction and persons obliged to meet such a claim. The third part deals with ways in which the adequate satisfaction can be provided and criterions substantial for assessment of the amount of the adequate satisfaction in money. Particular attention is paid to the question of function and purpose of the adequate satisfaction in the unfair competition law framework in particular the question of whether the unfair competition could be designated as a preventive and punitive instrument beside its main purpose of satisfaction of non- material harm suffered by the injured party and whether the function of prevention a sanction could be taken into account in deciding about the amount of the adequate satisfaction in money. The thesis...
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Critical comparison ofcompensation schemes for non-pecuniary harmand incurred duplication
Tázler, Jakub ; Šustek, Petr (advisor) ; Salač, Josef (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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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Dolanská Bányaiová, Lucie (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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Compensation for injury to the natural rights of man
Malý, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the issue of harm to natural human rights and its compensation. The thesis focuses on the current regulation of this institute contained in The Civil Code No. 89/2012 Coll. Furthermore, in this work, the current regulation is compared with the previous regulation, namely Civil Code No. 40/1964 Coll. The main aim of this work is to provide a basic and comprehensive insight into the issue of harm to natural human rights, focusing on the description of the changes brought about by the adoption of the new Civil Code. Another aim of the thesis is to outline the consequences of these changes. At the beginning the diploma thesis focuses on all the articles of the first part of the Civil Code, which deal with the regulation of natural rights. In the next part of the thesis it provides a general insight into the issue of liability for the damage caused to natural rights. This general basis is necessary for the next part of the work, which deals with claims for compensation of immaterial harm and decision on its amount according to the new Civil Code. The most extensive third part of the thesis therefore deals with specific remedies, namely compensation in the event of injury and the death and indemnification of secondary victims. At the end, the diploma thesis mentions another...
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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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Damage in civil law with respect to the punitive aspects of compensation
Hoblíková, Žaneta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Damage in civil law with respect to the punitive aspects of compensation Abstract: Rigorous thesis deals with damage and its replacement with a focus on the punitive aspects of damages. The work is divided into two parts and contains a total of six chapters, which are further specified in the relevant subchapters. The first part of the thesis is devoted to the damage and its replacement in general. The first chapter defines key words such as harm, material damage and non-material damage as understood by current and past Czech civil law, expert literature, or judicial decisions. The second chapter deals with functions of damages. Chapter three presents the main pillars of compensation in the effective civil code. With regard to conceptual and terminological changes brought by recodification it seeks with help of expert literature and past judicial decisions general assumptions of creation the obligation to pay damages. It further specifies the conditions of the recodifications brought by the novelty, which is the possibility of waiving the right to compensation before the occurrence of damage. It also presents the current concept of preventive clauses and confronts it with earlier legal regulation. A separate subchapter is dedicated to circumstances excluding the illegality. In more detail, it deals...
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The injured party in criminal procedure and his/her protection
Wipplerová, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The injured party in criminal procedure and his/her protection The diploma thesis deals with the position of the injured party in criminal proceedings and protection of the injured. It is divided into six chapters, the first chapter introduces the topic and the last presents the conclusions. The thesis is based on legal regulations, professional literature, case law, as well as electronic sources. The second chapter focuses on defining the concept of the injured party. It also addresses the difference between the injured party and the victim of a crime. The third chapter of the diploma thesis describes the aspects that may be used to classify the rights of the injured party. In this part of the diploma thesis, besides the first subchapter focused on the issue of classification of rights, there are four other subchapters. The first one is concerned with the rights of the injured party not entitled to monetary compensation, other than proprietary loss or surrender of unjust enrichment; the other deals with the rights of the injured party entitled to such claims. These chapters provide examples of such rights and deal with certain claims. These claims are described in more detail and deficiencies of the legislation are mentioned. The fourth subchapter focuses on the rights of the injured party stated...
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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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Compensation for a non-pecuniary harm of secondary victims
Přenosilová, Klára ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
This final thesis "Compensation for a non-pecuniary harm of secondary victims" deals with the issue of secondary victims. A secondary victim is defined as an injured person who suffered a non-pecuniary harm as a consequence of what happened to another person (primary victim) to which the tortfeasor caused imminent harm. I focused exclusively on secondary victims under the section 2959 of Czech Civil Code. The section 2959 of Czech Civil Code enables secondary victims to require a monetary compensation for the harm which they suffered as a consequence of a death or a serious injury of their close person (primary victim). Within the analysis of section 2959 of Czech Civil Code I described the nature of a harm suffered by the primary victim, the circle of eligible secondary victims and the quality of their harm, as well as the extent of the compensation for the harm of secondary victims. Doing so, I used the comparative method. I compared the legal regulation of the Czech Civil Code with the former Czech regulation and corresponding decisions of Czech courts. For the purposes of international comparison, each chapter includes a part of the legal situation of secondary victim (close person) under the Austrian law. The analysis showed that the new regulation under Czech Civil Code improved in general...
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