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Victim in criminal proceedings and his/her protection
VLČKOVÁ, Simona
The aim of my Bachelor´s Degrese dissertation is to clarify the notion of the offended party in criminal proceedings, to summarise its process rights and to point out some facts related to int and to propose supplements or amendments to the legal regulativ in order to strengthen the offended party´s position. The introductory part of the work defines the term sof criminal proceedings, subjects, the parties in the proceedings and the offended party. The following section of the work deals with the offended party being represented by the solicitor and details the institute of joint solicitor. I devote a separate section to the victim of a crime act and his or her compensation as per the current legal regulation. The main part of the work deals with the offended party´s process rights in the criminal proceedings and divides them into rights pertaining to all offended parties and to the rights pertaining to those offended parties who are entitled to claim compensation for damage. I also focus on the institute of criminal prosecution with the offended party´s consent. The concluding section of the theoretical part deals with hne adhesion proceedings. The following part of the work presents my research whose purpose was to find whether the offended parties´ rights are sufficiently described in the legal order. I selected a qualitative research method, namely semi-structured interview. I asked selected experts six questions aubot the offended parties´process rights and thein application in practice. The conclusion of this part contains my proposals for modifications or amendments of certain process rights, which, as I believe, are missing in the current legal regulation. The work also features appendices: speciments of forms which bodls active in the criminal proceedings use in thein everyday practice.
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Professional liability insurance
Hřeben, Tomáš ; Křížek, Tomáš (advisor) ; Zetek, Pavel (referee)
This bachelor thesis deals with issues of professional liability insurance in Czech Republic with a deeper focus on attorneys at law and private doctors -- providers of non-state health care facilities. The thesis concentrates on the actual possibilities of negotiation of professional liability insurance on the czech insurance market, it compares the differences between individual offers of professional liability insurance and the collective contracts negotiated by the professional chambers. After a brief basic characteristics of the general liability insurance comes a chapter devoted to the general introduction of the matter of liability and damages legislation. Next chapters closely deal with the particular specifics of professional liability - first generally then with a focus on the insurance product designated to attorneys at law and eventually with focus on professional liability insurance optimalized for the needs of the private doctors.
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Penalty clause and late payment interest as the assurance instruments
Nováková, Tereza ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The aim of this thesis is to provide comprehensive information about penalty clause as the assurance instrument which is used in obligations very often. Attention is paid to the comparison of penalty clause in civil and commercial code and new regulation is outlined. Explicated in the light of the decisions rendered by the Supreme Court of the Czech Republic and laws there are given information how to negotiate the penalty clause which would meet all the requirements. The second part of the paper deals with late payment interest, especially in terms of its comparison with the penalty clause. The objective of this comparison is for the private person or legal entity, who aims to enter into the contract, to be aware of the benefits of one instute to another and in the same time to be aware of difficulties which are with both institutes associated.
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The Leniency programme in cartel law and its consequences in practice
Kolářová, Tereza ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The final thesis deals with the Leniency programme, as one of the most important instrument of the Office for the Protection of Competition and the European Commission for detecting of cartel agreements. The aim of the thesis is to analyze regulation of the Leniency programme in the Czech Republic, from the practical point of view find out how participants of cartel agreements use the programme and whether it is effective from the view of the Office for the Protection of Competition. The thesis should also involve formation and development of the programme and how it is influenced by European law. The thesis is divided into 4 parts. The first part deals with cartel agreements. The second part focuses on cartel law enforcement which is divided in term of law regulation into public and private enforcement. The third part is the core of the theoretical part of the thesis, it presents in detail the regulation of the Leniency programme within the European Union and in the Czech Republic, there are problems of the program and their possible solutions outlined as well. The fourth part concerns the practical point of view of the Leniency programme, its harmonization among the member states of the European Union and its application in the Czech Republic in decisions of the Office for the Protection of Competition.
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Contractual penalty – the frequent type of security
Šedová, Klára ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Contractual penalty is an effective and in practice often used type of security. However, we cannot consider the Czech legal regulation of the contractual penalty as ideal and there have been many difficulties connected with the application of this instrument. The thesis aims at clarification of the functions of contractual penalty, conditions for its valid and effective creation and consequences of the excessive sum of contractual penalty. Furthermore, the thesis focuses on the relation between contractual penalty and other legal instruments and finally also on comparison with other types of security. Main legal sources of the final thesis are court decisions, especially judgments of the Supreme Court of the Czech Republic. In the thesis there are used methods of historical and comparative interpretation.
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General liability
KOHOUTOVÁ, Hana
The Bachelor thesis is focused on General liability, which is extended to the issue of liability of the town Písek due to injuries of citizens of the town incurred on the roads in winter period 2009/2010. The target of the first part of this work, a theoretical part, is to provide a comprehensive overview of the topic, which is complemented by a comparison of selected insurance products. The second, practical part, highlights to low awareness of citizens regarding the evidence of resulting the injury and a relatively low number of people in Písek, who suffered a loss and have received compensation to date. The contribution of the thesis is a detailed development work and consideration of the situation which arose in Písek in winter.
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The comparison of legal provisions setting down monetary remedies in intellectual property infringement cases
Sedláček, Václav ; Boháček, Martin (advisor) ; Macek, Jiří (referee)
The thesis deals with monetary remedies in intellectual property infringement suits, focusing on industrial property rights. On the background of enacting of the czech Act number 221/2006 Sb. which implements the directive 2004/48/EC of the European parliament and of the Council, the thesis compares these two texts with each other and also with the proposal for the directive KOM(2003) 46 final in their relevant parts. By doing this, it evaluates the directive and the czech act as the directive's implementation. This evaluation represents the secondary aims of the thesis. Comparison, analysis of factual articles and interviews with relevant experts practicising in the area show that by setting the damages as double the "customary" royalties, the czech Act in his § 5 ods. 2 represents a sanction, which confirms the hypothesis of the prevailance of an analogy between the czech provison and the punitive damages in american law. This fact creates scope for the hypothesis of existance of further analogies, the verification of which is the central aim of the thesis. Therefore, the second part of the thesis analyzes american provisions of the United States Code concerning copyright, trademark and patent law, and related caselaw. This is compared both to the directive and the proposal for it, moreover to the czech copyright Act number 121/2000 Sb. and in particular to the czech Act number 221/2006 Sb. The third part supplements the analysis of relevant czech court decisions. The second and third part identify similar and distinct elements of the provisions and reveal analogies in seemingly different institutes. Differences are spotted in the construct used to achieve the punitive function, furthermore between the terms "customary royalty" and "reasonable royalty" and also between the terms "bezdôvodné obohatenie", "infringer's profits" and "unjust enrichment". Conversely, an analogy is identified between the discretionary power of american courts to increase proven damages or determine statutory damages and the czech institute of "primerané zadosťučinenie" (appropriate satisfaction). The prevailance of prohibition of double recovery is another existing analogy between the american and czech law.
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