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The role of decisions of higher courts in the process of unification of case law
Špačková, Eva ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
83 Klíčová slova kontinentální právo, precedent, judikatura Keywords Civil law, Case law, Judiciary Summary Topic of the thesis Role of Case law in Civil law The purpose of my thesis is to analyze the role of case law in the Czech legal system, which is based, like continental legal systems in common, on the strict division of state's powers whereas there isn't recognized any formally binding force of the judiciary so far. Customarily the sources of law are in civil-law jurisdictions statuses. Distinct to the Common law, the Civil law jurisdictions don't accept a stare decisis principle in their decision making. According to some opinion the decisions in civil law legal system are important only with regard to their persuasive role. But other theorists emphasize the doctrine of jurisprudence constante. In the case, that there are consistent previous decisions, the courts in the civil law legal system shall take this decisions at least into consideration. There is need for emphasizing, that the higher the consistency in the previous decisions, the greater the persuasive force. This thesis is apart from Introduction and Conclusion composed of ten chapters. After the Introduction, which provides short foreword, follows the Chapter One, which deals with the issue, how the role of case law, illustrated on the...
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Discrimination on grounds of sex and legal limits
Pukovcová, Kateřina ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
SEX DISCRIMINATION AND THE LIMITS OF LAW The thesis deals with sex discrimination from a theoretical point of view, it does not offer simple answers, but tries to bring proposals to improve current inconvenient estate of treatment of men and women, which can't be considered to be equal. Generally equality is one of the basic values in society, but it is difficult and is failed to fulfill this principle. The main reason is that people follow prejudices and can't get over them. Formal equality of men and women before the law was reached, but factual inequalities persist. That is why a special effort is justifiable and essential to enforce equal treatment. Level of achieved equality indicates progressivism of a country and standard of living generally. If, in case of women, more than half of a population is out of impact, sources and human dignity, democracy is not perfect and faultless. Therefore it is necessary to find and eradicate the latent barriers, change people's attitude and get the prejudices out of their minds. The thesis consists of four main chapters. First chapter concerns terms equality and discrimination and shows their uncertainty, describes various conceptions of equality and direct and indirect discrimination. Second chapter explains necessity of enforcement of equal treatment with men and...
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Contract as understood by the economic analysis of law
Bartošek, Jan ; Maršálek, Pavel (referee) ; Kühn, Zdeněk (advisor)
142 Abstract Economic Analysis of Contract and Contract Law (Master Thesis) Jan Bartošek This thesis analyzes contracts and contract law from the Law and Economics point of view. In other words, in this thesis, economic approach is utilized to assess the above mentioned areas of law introducing and employing crucial concepts such as the Coase Theorem (and its underlying notions of the efficiency of law), Posner's theory of market-mimicking law, or Guido Calabresi's concept of legal rules. Moreover, various attitudes toward the economic analysis of law are addressed; and the status and future of Law and Economics (with regard to the European and especially Czech context) are considered. The argument is structured in three parts: the first part summarizes the historical development of Law and Economics and presents its standard analytical tools; the second part embraces the problems of contract and contract law within the framework of Law and Economics (perfect and imperfect contracts or the problem of efficient breach); and, finally, the third - analytical - part of the thesis applies the economic tools to the judicial decisions-making process both in general and in real life by reviewing two sets of decisions made by the Supreme Court of the Czech Republic. In sum, the thesis' three-tier structure does not...
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Philosophical, theoretical and practical aspects of the legal regulation of doping
Jiřištová, Zuzana ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
70 Resumé Philosophical, Theoretical and Practical Aspects of the Legal Regulation of Doping Doping in sport is a topic that is not thoroughly explored in the Czech legal environment. This thesis will attempt to remedy this gap in two steps. First, it will summarize the status quo with regards to doping, its definition, its history and the current state of regulation. Second, it will propose a solution to the question of whether, why and how should be the doping regulated. The text is divided in six chapters, the first four focussed on the world of doping today and the last two on proposing a solution. The first chapter introduces the problems of elite sport and the use of performance enhancing substances. This is followed by a brief excursus into relationship between the law and sport with a focus on the world of global law. The third chapter covers the history of doping, providing definitions of the doping and briefly explaining the physiological impact of performance enhancing substances. The fourth chapter presents a snapshot of the current regulation in international, European and Czech law, as well as in 'sports rules' imposed by private organisations. The fifth and sixth chapters together propose a solution. The fifth chapter identifies and defines the two possible approaches to regulation, zero...
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EKONOMIE KRIMINALITY NA PŘÍKLADU DOPRAVNÍCH NEHOD V ČR
Vilimovský, Petr ; Běláčková, Vendula (advisor) ; Kühn, Zdeněk (referee)
Tato práce se zabývá racionálním chováním ekonomických subjektů v podmínkách rizika v mimotržní oblasti ekonomiky, dopravní kriminality. Na základě analýzy dopravní nehodovosti, počtu usmrcených a výši hmotné škody se potvrzuje, že změna pravděpodobnosti dopadení představovaná dopravně bezpečnostními akcemi ovlivňuje dopravní kriminalitu v ČR. Práce dále zkoumá, zda také změna výše trestu představovaná zavedením novely zákona č. 411/2005 Sb., o silničním provozu, ovlivňuje dopravní kriminalitu v ČR. Na základě analýzy těžce a lehce zraněných osob a osob usmrcených dochází k závěru, že změna trestu na chování řidičů na českých silnicích vliv nemá.
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