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The mode and amount of harm and non-proprietary damages relating to health care
Gavendová, Lucie ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The mode and of harm and non-proprietary damages relating to health care The subject of this thesis is the issue of compensation of proprietary and non- proprietary damage suffered by patients during the provision of health care. Particularly, it is a damage resulting from bodily and deadly injury, which is most commonly caused by malpractice of doctors and other medical workers. Legal institute of damage compensation is of cardinal and irreplaceable importance in the area of Civil law. The thesis examines this institute from its material aspect, namely in terms of the mode and amount of compensation. First part of the work deals with the introduction of the major changes brought by the new regulation of Czech Civil law into the area of damage compensation and their potential impacts on this sphere. Subsequently, there are further definitions of compensation's content, mode and amount, their mutual relations and historical development. That is followed by presentation of the main functions of the material and non-proprietary damage compensation. The core of this work is focused on exploring the mode and amount of compensation for the different types of material and non-proprietary damage. In this part, there is widely used existing established practice of the courts, the author deals with...
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Collateral Proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Vanduchová, Marie (referee)
The doctoral thesis focuses on the part of criminal proceedings in which the court adjudicates the injured person's private claims which arose in connection with a criminal act (so-called collateral proceedings). The importance of collateral proceedings lies in the fact that by using it the injured party may avoid time-consuming, financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates the private claims of the injured party in compliance with substantive law rules being outside of the scope of criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The basic source of the submitted thesis is the Czech legal order. However, it is not the only one taken into consideration. The doctoral thesis also contains comparative analysis of legal regulation of collateral proceedings from the point of view of the German and Swiss legal orders. Following the analysis of collateral proceedings de lege lata, as well as the comparison with foreign models I am submitting proposals for the improvement of legislation that could be used in connection with the planned recodification of the Czech Criminal Procedure.
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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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Liability of the employee for damage
Máchová, Lucie ; Vysokajová, Margerita (advisor) ; Morávek, Jakub (referee)
Rigorous thesis deals with the employee's liability for damages in the Czech Republic, with regard to the German legislation. At first is defined the general concept of legal liability, followed by a section devoted to employment responsibilities, the next chapter of rigorous thesis is dedicated to the by the interpretation of responsibility for damage in labour law. The principle of damage prevention, assumptions of liability, as well as the definitions of basic terms is also mentioned. The main part of thesis is devoted to analysis of current legislation employee's liability for damage caused to the employer, but is also discussed the main features of the previous legislation. The various types of employee's liability for damages are described in detail, in particular their assumptions and extent of damages, and there is a treatise on the quantification of damages and possibilities of the insurance for damage caused by the professional negligence. In this thesis we can also find the passage devoted to legislation issues examined in the Federal Republic of Germany. In addition the comparison of Czech and German legislation employee's liability for damages thesis offers a comparison of labour and civil liability, as well as the responsibilities of employees compared with the employer's...
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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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Emergency rulings in civil procedure
Rambousková, Zuzana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Emergency ruling is an often used institute in czech law, which can provide a noticeable protection for who is claiming of his issue. The purpose of emergency ruling is to settle temporarily legal relations or to ensure an enforecement of decisions, if later enforcement of decisions would be undermined. It is a security institute that does not definitely settle right and duties of the parties of an action, determination of rights and obligations is going to be settled only in meritorious proceedings. Emergency rulings are used in such situations that require a prompt and effective solution, whatever area of life it is. Characteristic feature of emergency rulings is an urgency and immediacy, with which court have to decide on proposals. Only in this manner it is possible to protect one's rights effectively. The fact, that the court must decide on quite quickly brings also the risk of incorrect desicions, so it happens to form a damage occasionally. The thesis is composed of three chapters. The first one explains what is nature and purpose of emergency rulings, it's function and also enumerates types of emergency rulings. The second chapter is dealing with general legislation of emergency rulings, as it is set in Civil code procedure. The third chapter is divided into two subchapters, while the first...
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Civil liability in medical law
Saidamová, Suzan ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract Thesis title: Civil Liability in Medical Law The main topic of this thesis is to analyze individual cases in czech medical law after the civil law codification. I would like to perform complete concept of civil liability in medical law, especially the liability for the damages. Different types of civil liability will be eleborate in detail, mainly though scientific literature and case law. The thesis consists of seven chapters. In the first chapter, I describe medical law in historical context relevant for the topic and also I introduce current legislation of medical law at all hierarchical levels included international agreements. In the second chapter, I desribe one of the most important concepts in medical liability law - concept called lege artis. The next chapter gives a brief introduction in the healthcare issues and is divided into several subchapters. In first three chapters there are also define the basic terms about health and disease. The fourth and fifth chapters are devoted to the actual liability for damages. The sixth chapter deals with civil protection of doctors and other medical employees. The last chapter is summary. It is evaluation of selected issues in health care. The aim is to introduce a new law conception and present particular types of obligation to compensate. The new...
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Burden of proving in disputes regarding damages
Městecká, Irena ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Thesis title: Burden of proving in disputes regarding damages The issue of providing evidence in disputes regarding damages is a theme involving many questions, whose legislation seems to be questionable in some cases. This aspect is compensated for and supplemented by application practise, which makes the theme continuously relevant. The aim of my diploma thesis is to provide a general, descriptive, and comprehensive interpretation of the specifics of providing evidence in disputes regarding damages. Another objective of this diploma thesis is to demonstrate that it is difficult to gain insight both in theoretical and in practical issues of the burden of proof because the opinions of courts and some of the authors specializing in this issue are different in some cases. The first part deals with the general notion of evidence in the civil procedure. I mention the concept and the subject of evidence and its importance in the civil procedure. I also mention selected legal principles connected with providing evidence. A further focus of this part is on procedural obligations of the parties, especially on the obligation of claims and of the burden of proof. It is based on theoretical concepts by significant authors (especially J. Macur). The burden of proof and the related institutes of providing...
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Liability for damage under Insolvency Act
Kovacs, Stanislav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of the thesis is, based on analysis of the institute of liability for damages in the Insolvency Act and related legislation, to characterize the institute of liability for damage in insolvency law and to define its position within the system of sanctions, to identify links to private and public (including criminal) legal norms, to present concrete examples from existing case law to address some unclear areas of existing arrangements and to identify and to describe changes resulting from the new regulation of the institute of liability for damages in the new Civil Code. The thesis is divided into two parts, the general (conceptual) and specific (critical). The general part is divided into four chapters. Chapter one summarizes the theoretical background of the institute of liability for damages. Chapter two provides an overview of the general private law liability for damages and fundamental differences on liability for damages in the old and the new Civil Code. The third chapter is devoted to a specific rules on liability for damages in the Insolvency Act. Chapter four discusses the different possibilities of a claim for damages or other harm. The special part is devoted to analysis of the facts of liability for damage governed by the Insolvency Act. Individual facts of case are systematically broken...
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Protection of investors in the capital markets
Drobiš, Zbyněk ; Kohajda, Michael (referee) ; Novotný, Petr (referee)
- PROTECTION OF INVESTORS IN THE CAPITAL MARKETS The purpose of the work is to describe about the protection of investors in the capital markets and create work that outlining to the general and professional public the possibility of obtaining damages for the infringements of the law. The work is focused on the most common unfair practices in the capital markets. Author of the work describes the issue of churning, which is the most common violations of the law and causing considerable financial losses to the investors. The work is analyzing the particular responsibility of the securities trader and investor intermediary. The work is focusing on the most common malpractice and violations of the law. The main part of the work is an overview of the administrative punishments by Czech National Bank. Work is also analyzing the judicial decisions for the purpose of the work. Finally, the author is focused on the issuer's liability for the breach of information duties.
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