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Acquisitive prescription of estate property ownership
Daňková, Lucie ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Acquisitive prescription of estate property ownership Abstract The diploma thesis is dedicated to acquisitive prescription, as one of the originar ways of acquiring ownership rights, focusing on acquiring ownership rights to estate property. The goal of this work is to provide a comprehensive description of the institute of acquisitive prescription with a focus on acquiring ownership rights to estate property, to analyze in detail the changes that occurred in the legislation of acquisitive prescription as a result of the recodification of Czech civil law, and also to evaluate how these changes interfere with the usability of the institute of acquisitive prescription. The diploma thesis is systematically divided into six chapters. In these, it provides a definition of the basic terms directly related to the topic, a historical excursion of acquisitive prescription, which is completed by a detailed analysis of the previous legislation and jurisprudence, an analysis of the current legal regulation of the ordinary acquisitive prescription of the ownership right to estate property, including the re-established institute of extraordinary acquisitive prescription. Furthermore, the work assesses the applicability of the relevant jurisprudence adopted under the previous legislation, evaluates the decision-making...
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Liability of third persons for a child
Hrubá, Veronika ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis deals with the issue of third party liability for a child in Czech private law. Its aim is to analyse the basic legal relationship between parent and child, to define their mutual rights and obligations and to describe the concept of delegation of these to a third party. Particular attention is paid to the liability of third persons in the exercise of the rights and obligations so conferred under Act No. 192/2021 Coll., which amended Act No. 89/2012 Coll., the Civil Code, with effect from 1 July 2021. A separate chapter deals with the liability of third persons for harm, specifying further the liability for harm caused by the child and harm caused to the child. With the help of an analysis of recent case law, the thesis outlines the possibilities of minimising the risk of such liability.
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Health care (Section 2636 - Section 2651 CC)
Uřičařová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Health care (Section 2636 - Section 2651 CC) The topic of the thesis is health care (Section 2636 - Section 2651 CC), an obligation regulated in the mentioned provisions in Act No. 89/2012 Coll., Civil Code. A contract for health care is the most common legal title for the provision of health care. On the basis of a health care contract, in particular, health care and other health services, according to Act No. 372/2011 Coll., the Health Services Act, are provided, which usually consist of interference with the integrity of a person according to Section 93 and following of the Civil Code. The thesis is divided into seven chapters and a conclusion. The thesis is dominated by descriptive, comparative, analytical and deductive methods of work and research. The aim of the thesis was, on the one hand, to comprehensively present the contractual relationship between the health care provider and the patient, focusing on the health care provider and the patient, as such services will be provided most frequently on the basis of a health care contract, and to present their mutual rights and obligations, and on the other hand, to evaluate the quality of the currently applicable legislation. Within the legal relationship, I have focused in particular on the provider's obligation to provide a proper explanation...
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A pain and suffering as a basic personal injury claim
Felix, Vojtěch ; Šustek, Petr (advisor) ; Salač, Josef (referee)
[A pain and suffering as a basic personal injury claim] Abstract The thesis deals with the topic of compensation for pain and suffering as a basic claim for personal injury under Section 2958 of Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to form a basic overview of the examined issue in the Czech Republic and England and their subsequent critical comparison. This thesis is divided into five separate chapters, each dealing with a different part of the issue of pain and suffering from the perspective of Czech and English legislation. In the first chapter, the author discusses important elements and institutes of the previous legal regulation of pain and suffering, especially with regard to their relationship and influence on the current regulation of compensation for pain and suffering under the Civil Code. The author pays special attention to the Decree of the Ministry of Health No. 440/2001 Coll., on compensation for pain and hardship of social employment. The second chapter of the thesis is devoted to individual claims that victims are entitled to claim in the compared legal systems. Within this chapter, the author further focuses on the strengths and weaknesses of the concepts of compensation for non-pecuniary personal injury as a single claim and as a system of partial claims. The third...
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Compensation for Personal Injury
Hamran, Richard ; Salač, Josef (advisor) ; Selucká, Markéta (referee) ; Šustek, Petr (referee)
COMPENSATION FOR PERSONAL INJURY ABSTRACT The aim of this thesis is to elaborate on the following questions: Whether and to what extent the compensation for personal injury (or, in other words, compensation for non- pecuniary damage to bodily and mental health) under the new Czech Civil Code (Act No. 89/2012 Coll.) ("NCC") means a (r)evolution in comparison to the previous Czech Civil Code (Act No. 40/1964 Coll.) ("OCC") and what conclusions can be drawn in this regard when comparing the NCC to selected European jurisdictions. In order to answer these questions, the comparative method as the main method was chosen for the purpose of this paper. In particular, this thesis compares the NCC to the OCC on one hand and to German law, Austrian law, French law, English law, PETL and DCFR on the other hand. The paper consists of four main parts: compensation for personal injury in the selected European jurisdictions, under the OCC, under the NCC, and the comparative part. Each of those parts addresses the same three principal issues: fundamental questions of tort law with the focus on compensation of non-pecuniary damage; compensation for personal injury of direct (primary) victims and that of indirect (secondary, third party) victims. Based on the research, we come to the following conclusions: Provided that the...
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Right to be forgotten as part of personality rights
Vítek, Dominik ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Šustek, Petr (referee)
Dominik Vítek 1 Abstract - Right to be forgotten as part of personality rights Right to be forgotten (or also right to oblivion) is a new phenomenon formed by the Court of Justice of the European Union in 2014 in the case of Google Spain. The right was then enacted as part of the General Data Protection Regulation and consequently became applicable throughout the EU and EEA since 25 May 2018. This thesis goes beyond the scope of personal data protection (under the GDPR) and considers whether the right to be forgotten forms a part of the personality and the right to privacy as such, thus being protected as a fundamental human right. On this basis, it also considers whether not only individuals but also legal entities could benefit from the right to be forgotten. These questions are assessed in view of the conflict of fundamental human rights and their proportionality test - right to privacy (also relying on and stemming from human inviolability and dignity) as balanced against other human rights, in particular, freedom to speech and freedom of information that need to be evaluated when performing the right be forgotten. It is also necessary to consider the purpose and fundamental principles of privacy and its protection and the purpose of forgetting and its meaning for individuals and society as a whole. All...
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Healthcare Rationing in the Context of Covid-19 Pandemic
Kršiak, Miroslav ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Healthcare Rationing in the Context of Covid-19 Pandemic Abstract This thesis analyses process and means of rationalization of healthcare distribution in Czechia and the impact of covid-19 epidemic on domestic healthcare system and scarce resource allocation. First part of this thesis offers definition of right to healthcare from the constitutional and international legal point of view with the emphasis on obligations stated in the Charter of Fundamental Rights and Freedoms and international charters of human rights, which are binding for Czechia. Second part of this thesis concerns the concept of healthcare rationing, its definition and justification. This part also includes the summary of basic formative criteria of healthcare rationing, which are the imperative of equality and non-discrimination, and furthermore the principles of distributive justice and economic efficiency. This part also deals with the concept of rationing in healthcare in the context of the covid-19 epidemic and the modification of ethical and legal principles of its application during the state of medical emergency. Third part of this thesis offers an overview of the regulation of provision of health services in Czechia, both under normal circumstances and in a state of medical emergency. This overview also includes the so-called...
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Adjustment of child circumstances after the divorce
Prostředníková, Anna ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Adjustment of child circumstances after the divorce Abstract This diploma thesis focuses on the adjustment of circumstances of children of divorced parents. Structurally, the thesis is segmented into an introduction, 6 chapters and conclusion. In case of content the thesis can be divided into four pivotal categories. The first part provides a general view into the elemental problems of parental liability. The second part focuses on the problem of the adjustment of circumstances of children after the divorce of their parents as such and examines all attributes in detail that the adjustment approaches. Great attention is given to the types of childcare, child-support and the contact of the non-resident parent with the child. The topic of the third part is the analysis of reasons that can be the cause of change of the present conditions. Finally, the fourth section provides a comparison of the current Czech legislation with the one of the Netherlands. Key worlds Parental responsibility, divorce, child, childcare, maintenance obligation, alimony, contact,
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Loss of chance in Czech and English law
Friš, Michal ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Loss of chance in Czech and English law Abstract This thesis focuses on the issue of the loss of chance doctrine. This doctrine enters the field of liability by creating a new type of loss. This new type of harm consists of the lost chance for a better outcome instead of the outcome itself. This thesis analyses English law and Czech law approaches to the loss of chance doctrine with main focus on the area of healthcare law. The thesis provides the reader also with the circumstances which formulate the relationship of both English and Czech courts to this doctrine and its use in the area of healthcare law. Both approaches to the loss of chance doctrine are also compared. In this thesis analytical, research and comparative methods are used in order to provide a complex analysis of the issue and in order to answer the question of the possibility of using the loss of chance doctrine. Main focus is on the question of the use of the loss of chance doctrine within Czech law. The reached conclusion is that the doctrine can and should be used by Czech courts. This conclusion is supported by the interpretation of relevant Czech statute and by the argumentation based on the values of law and on the purpose of law. Within a debate the opinions towards the doctrine contained in the relevant caselaw and academic writings...
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Laesio enormis
Jirman, Daniel ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
LAESIO ENORMIS Abstract This diploma thesis is focused on the institute of Laesio enormis, which has been returned to the Czech legal system after many years with the effect of the new Civil Code No. 89/2012 Coll. The importance of laesio enormis has been rising currently, when the market place is controlled by powerful commercial instruments and the prices are uncontrollably rising due to various external influences. Therefore this thesis is focused on the analysis of the institute, which is protecting the injured contracting party, and breaks through one of the bacis principles of the civil contract law, such as the autonomy of the will. The aim of this thesis was also to explain the origin of this institute and its development, that was necessary to observe the development of philosophical thinking in relation to the understanding of fair price, which is absolutely crucial in the aplication of the laesio enormis. For better understanding of the valid regulation of the institute in the Czech legal system, the diploma thesis analyzes the individual sources regulating this institue, which can be found mainly in the surrounding European countries. It was also essential to define laesio enormis in the context of other institutes breaking the principle of the autonomy of the will, such as the protection of...
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