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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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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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Competency of nurses working in intensive care in The Czech republic and Gerat Britain
Baletková, Lenka ; Hocková, Jana (advisor) ; Jurásková, Dana (referee)
Summary: The diploma thesis compares competency of nurses working in intensive care in The Czech Republic and Great Britain. Theoretical part of the thesis gives compact look to regulation of nursing profession, education of nurses and nursing registration in both countries. In this part are highlighted main differences of the legislation which nursing competency is based on in each country. There is also mentioned the public opinion of the nursing as a profession and its prestige related to both countries. Practical part of the thesis focuses on the interpretation of analysis of the research regarding the above mentioned topic. For the research have been used the method of collecting data by structured questionnaires. There was a questionnaire for each country in its own language. The aim of the practical part is to compare divergence of knowledge, skills and competency of nurses working in intensive care in both countries. Alternatively to assess any reason for exceeding nursing competency and to find out the explanation for that Key Words: Competency, Nurse, Critical Care, Education, Qualification, Great Britain
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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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Application of the law No.101/2000 Sb. about protection of name and description in practice
MAŘÍKOVÁ, Magdalena
The issue of protecting personal and sensitive datum belongs to one of the topics promoted in media in present. In diploma work I am dealing with protection name and description in health service in connection with the law No.101/2000 Sb. about protection name and description and further law and ethical questions which also concerns medical documentation and obligatory reticence for medical staff. The aim of experimental parts was to find out the informedness, attitudes and views of sample of Czech population about the protection name and description in health service in connection with the law No.101/2000 Sb. Partial the aim was to discover whether there are differences in this problem among laic and vocational public and younger and older generation of our population. I used a quantitative method of research to process experimental parts. To collect useful dates I used a method of questionnaire. This research was done from January to May 2008 and 225 informants from a laic and a vocational public took part in this research. Three defined hypothesis were checked. I think this dissertation could lead to wider discussion about other aspects of protection name and description in health service and help to improved services to informed laic and vocational public not only about the law No. 101/2000 Sb. but also about protection name and description and other questions related to medical documentation as basic sources of personal and sensitive datum of patients.
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Legal consciouness of kindergarten workers.
BAREŠOVÁ, Vladimíra
This Bachelor Thesis deals with the issue of scholl and labour law in the practice of kindergartens. It analyses the basic concepts of law which should form the basic of legal consciousness of every kindergarten worker as well as the fundamental legal regulations relating to the profession of kindergarten workers and the knowledge and application of these legal regulations in practise. The thesis focuses on legal consciousness of kindergarten headmasters and teachers and their copying with the laws that are constantly being amended.The thesis includes a proposal of an information system of kindergarten workers in the sphere of law. The work also contains a brief overview of the basic legal regulations concerning the activity of kindergartens and their employees.
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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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