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Liability of employer for damage caused by occupational injuries and diseases
Kovačević Záborcová, Ljuba ; Bělina, Miroslav (advisor) ; Hůrka, Petr (referee)
The purpose of this thesis is the analysis of liability for damage caused to the employee by occupational injuries and occupational diseases pursuant to the Labour Code. It explains the purpose and importance of employer' s liability for damage caused by occupational injuries and occupational diseases, as well as particular compensation pertaining to the injured employee. Finally, there are judicial decisions included in this thesis, which are related to these issues, in order to provide a comprehensive overview of current legislation.
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Liability for damage to the environment
Humlíčková, Petra ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee) ; Smolek, Martin (referee)
The environmental damage harms or threatens the two groups of interests - public and private. Both types of interests are often damaged by one event. The tort law and public liability including their financial security are therefore functionally interconnected systems, which sometimes overlap. They do not contradict but usefully complement each other. At the international level, there are several treaties governing the liability for transboundary pollution. Only one convention is legally binding and used in practice - CLC liability for oil transportation by sea, conventions on liability for nuclear damage are binding but were never used in practice. All these conventions use the classical scheme of tort law. They apply only to accidents. The liability is always objective with defences (natural phenomenon, force majeure, conduct of a third party). The liable party is always channelled to easily identifiable subject. In the case of multiple liable parties, they are liable jointly and severally. Damage must be quantifiable in money and the amount must be proved by the victim. In the case of harm to the environment, the damage is derived from the costs for reasonable preventive and corrective measures. The compensation for losses is necessary to apply in a certain period of time. These periods are...
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Legal Aspects of Removing environmental Damages
Niklas, Jaroslav ; Drobník, Jaroslav (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
A widespread occurrence of the former ecological damages and contaminated locations in the Czech Republic has been a rudiment of more than 60 years of non-democratic regimes in 1938-1989. Then, the preserving of nature and handling of harmful substances for industrial and other purposes was at a very low level. A systematic removal of these detriments of the past extended after democratisation in1990. The Czech State has taken on the responsibility for removing some of these damages, especially as a part of privatization. This has been a long-term, risky and legally demanding enterprise. A unified, co-ordinated approach to the matter at a national level has not been established yet, despite of the enormous budget. Moreover, some of the issues have not been addressed at all. Such a situation requires an immediate action since the public health has been put at risk either because of a direct contact with harmful substances or due to the groundwater contamination. Time-wise, the legal commitment of the State regarding the budgeting for decontamination of the former ecological damages of the privatized assets has not been limited. The process has been continuing for 19 years and its proceeding depends on the State assets' privatization timeframe and termination. It has been a legal obligation of the...
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Liability in International Sea Transport
Vondráčková, Kristýna ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
Liability in International Maritime Transport Main aim of this thesis is a brief introduction to the maritime law, the applicable liability systems, impact of carriage of goods by sea on trade in the Czech Republic and possible future development of international trade. The relationships in the maritime area may be quite complicated and the purpose of this thesis is to present them in a reader-friendly, comprehensible manner. The original reason that led me into choice of this topic is my personal interest in both international trade and ships. International transport may be considered as subsidiary to the sale or exchange of goods but is of essential relevance for the conclusion of trade. Approximately 90% of non-bulk cargo is shipped via ocean. The importance of the international maritime transport is therefore enormous and together with broadening globalization, the legislation in the area of maritime transport gradually increases its effect on the Czech Republic. Moreover, the freight and other costs of shipping considerably influence purchase price of goods. Liability is then crucial when deciding who is to bear the costs of loss, damage to the goods, late delivery of the goods, insurance, bank payment fees, packaging, etc. The text is divided into six chapters. The introductory chapter opens the...
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The central bank, its legal status and scope of activities
Blažková, Jana ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
The Central Bank, its Legal Status and Scope of Activities Central banks are very powerful institution and central banking is a very complex discipline. Monetary policy, the most important activity of central banking, has become the key instrument of macroeconomic stabilisation. The aim of my paper has been to analyse all the areas of central banks' operations, aiming especially at monetary policy and its instruments, and also to tackle the recently emerged doubts about what the main objective of central banks should be. I also provide a review and an analysis of the current legal status of the Czech National Bank from the independence and accountability point of view. The first chapter of my work is dedicated to the history of central banking. Second chapter examines the individual functions that central banks carry out, with third chapter analysing the most important of them, the monetary policy. The last chapter is dedicated to the Czech National Bank (CNB) and is subdivided into four parts: the first one is outlining the history of CNB, the second one gives us the detailed overview of the individual functions of CNB, its main target and instruments CNB uses to reach the target. The third one is devoted to CNB relations with European Union and the fourth part focuses on the legal status of CNB...
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Liability for environmental loss
Haisová, Eva ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
This thesis describes the environmental damages legislation. Relevant parts of the work focus on the international legislation including special liability regimes, then it focuses on the European Union legislation, especially on the Directive 2004/35/EC, also it describes British legislation in this area and the legislation in the Czech Republic, namely the differences between environmental damages and environmental loss, it mentions also the old contaminations. Lastly the text tries to compare the British and Czech legislation in liability for environmental damage.
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Mačenbacher, David ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
Resumé The Internet and copyright - the scope of liability of individual parties and modes of protection against piracy. The main purpose of my graduation thesis is to analyze and evaluate the current situation in copyright law, with an emphasis on the general liability of the Internet Service Providers and other respective subjects in the information society. An inseparable part of this thesis is an overview of international treaties, European law and national law. The final part highlights new trends in copyright piracy with the provisions for combating these. From my perspective there are two reasons why this topic attracted my attention. Firstly, I could hardly hide my personal interest as a person who is a computer specialist by profession. Secondly, copyright law is a subject of perpetual and significant change, inspiring new ideas and new approaches. The work is divided into five chapters, which are divided into various subchapters. An introduction to the topic is broadly provided in the first and second chapter which describes this new medium of the Internet from several angles. These points of view often go far beyond copyright law, describing the axioms of constitutional law and the principles of humanism and human rights. These principles are threatened considerably in the globalised society with...
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Infringement of intellectual property in the environment of computer networks
Jeřábek, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
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Omission of EU's member states leading to the liability for damage
Škarpichová, Jarmila ; Svoboda, Pavel (advisor) ; Král, Richard (referee)
OMISSION OF EU's MEMBER STATES LEADING TO THE LIABILITY FOR DAMAGE RESUMÉ This thesis deals with the responsibility of the member states of EU for damages caused by failure of member states. Both problems are solved in this work, as general requirements for liability relationship, as description of these failures modes with numerous references to case law of the European Court of Justice. Indeed, case law represented a huge range of sources for this thesis. To sum up the work into several points, we can start by making a breakthrough in the issue of liability in the European Union which Francovich case meant. This case established the rule that it is the responsability of member states to implement EU law properly and in time and provide protection to the rights that follow these standards. This rule was followed by other cases which are called "the first generation of cases liability" by many authors. Typical liability sentence: unlawful act (caused by the EU's institution), the damage suffered by the other party and the causal nexus, was subsequently supplemented by the Schöppenstedt criterion, which established the rule that during the process of adopting EU's legislation must be sufficiently serious breach of the law standards, which serves to protect the individual. The last unification of the...
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