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Legal Aspects of Liability Insurance for Damage Caused by Operation of Vehicle
Vykoukalová, Kateřina ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The aim of this work entitled as "Legal Aspects of Liability Insurance for Damage Caused by Operation of Vehicle" is a description, analysis and evaluation of this type of obligatory contractual insurance in the Czech Republic. The thesis is divided into eight chapters; each of them is designed to describe one topic related to Motor Third-Party Liability Insurance. In addition, the thesis contains an introduction and a final evaluation. The first chapter deals with the historical development of Motor Third-Party Liability Insurance in our country. The second chapter presents a general introduction to the topic of insurance law. The third chapter deals with the term "liability for damage caused by operation of vehicle". The fourth chapter describes statutory regulation of Motor Third-Party Liability Insurance in the Czech Republic. The fifth chapter is based on the author's experience and deals with some of the current problems associated with judicial application of individual claims arising from loss-occur events. The sixth chapter focuses on comparison of obligatory Motor Third-Party Liability Insurance with optional car insurance. The seventh chapter compares the Czech legislation with the Slovak and the British legislation and describes also the most important Directives of European law in this...
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Lease of the property for business purposes
Řeháčková, Ivana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The purpose of this final thesis is to provide the outline of the effective legal regulation of the lease of the property for the business purposes. After short introduction of the lease as a legal institute itself and its usage in business area of life, the thesis then concerns itself with the particular questions that are subject to legal regulation of the lease of the property for business purposes constituted mainly by the Civil Code. Amongst these questions the basic necessities of the lease agreement that are required by the law are described first, then the mutual rights and obligations of the contracting parties and finally the matters related to the termination of the lease.
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Status relations of the same sex couples
Štýbnarová, Nicole ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Summary: The goal of this thesis is to monitor legal rights available to homosexual couples in order to establish a family. In the first part, I am trying to clarify what kind of social unit is currently considered to be called a family. Further in the first part I am analysing the most common means of getting an offspring available for homosexual couples. I also analyse the way those means are regulated in Czech Republic, prospectively I am presenting influence of the Strasbourg court on the evolution of subject legal frame in Europe. The main mean of gay couples to obtain a descendant, for the purpose of this thesis, is the artificial insemination method, which is analyzed in detail in the second part. I am both concerned about the historical evolution of it and its social picture and acceptation. Further I narrow my focus to application of this method for lesbian couples and I present studies to show how families with two mothers are working. Presented studies are held in both psychological and sociological point of view and they show, if and how the child is affected with growing up with homosexually oriented parents. In the third part I analyze artificial insemination from the legal point of view. First I introduce legal regulation in liberal European countries which I consequently compare with the...
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Breaking-off contract negotiations without justifiable grounds
Janoušková, Anežka ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Breaking-off contract negotiations without justifiable grounds Abstract The thesis at hand deals with Sec. 1729 of the Civil Code which governs the liability for breaking-off contract negotiations without justifiable grounds. Its aim is to interpret the afore-said provision that forms an inherent part of the newly introduced regulation of pre-contractual liability. The thesis discusses both the conditions for establishing the liability for breaking-off contract negotiations and concurrently the legal consequences thereof. The difficulties in terms of interpretation, incidental to the introduction of this provision, are attempted to be solved by use of theological interpretative method and inspiration drawn from the comparative study of German and Austrian state of law. Finally, the thesis strives for analysing the case-law of the Czech Supreme Court related to the previous legislation and answering a question to which extent the conclusions previously arrived at by this court may be uphold following the recodification process. The thesis is divided into four main chapters. The first chapter emphasizes the importance and role of the principles of freedom of contract and good faith which are crucial for better understanding of culpa in contrahendo. It also elaborates, albeit in general terms, on the matter of...
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Child and divorce of its parents - selected issues
Dlouhý, Vojtěch ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Child and divorce of its parents - selected issues This diploma thesis deals with development of legal form of child custody after divorce of its parents. In the first part of this work is described historical development this legislation in substantive law, procedural law as well as in public law. In the next part the work focuses on current legislation included an emergence of marriage, its divorce with issues of mediation. In this part is also described child protection. Following this topic is in the next part described problematics by adjusting the ratio of the minor child including a status of a child before a court. At the end the diploma thesis points on development of judicature of the Constitutional Court of the Czech republic especially on decision I. ÚS 2482/13, its evaluation and context of some others decision of the Constitutional Court of the Czech republic. The aim of this work is to describe the process of court's decision of child custody after divorce of its parents. The work deals with substantive and procedural development in this area and crucially comments above decision.
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Compensation for a non-pecuniary harm of secondary victims
Přenosilová, Klára ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
This final thesis "Compensation for a non-pecuniary harm of secondary victims" deals with the issue of secondary victims. A secondary victim is defined as an injured person who suffered a non-pecuniary harm as a consequence of what happened to another person (primary victim) to which the tortfeasor caused imminent harm. I focused exclusively on secondary victims under the section 2959 of Czech Civil Code. The section 2959 of Czech Civil Code enables secondary victims to require a monetary compensation for the harm which they suffered as a consequence of a death or a serious injury of their close person (primary victim). Within the analysis of section 2959 of Czech Civil Code I described the nature of a harm suffered by the primary victim, the circle of eligible secondary victims and the quality of their harm, as well as the extent of the compensation for the harm of secondary victims. Doing so, I used the comparative method. I compared the legal regulation of the Czech Civil Code with the former Czech regulation and corresponding decisions of Czech courts. For the purposes of international comparison, each chapter includes a part of the legal situation of secondary victim (close person) under the Austrian law. The analysis showed that the new regulation under Czech Civil Code improved in general...
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Time and its reflection in law
Kučerová, Barbora ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Time and its reflection in law Aim of this Master's degree thesis is to explain time as a quantity which influence human's life more than any other and that is one of the most relevant legal events which cause certain consequences in law. The aim of this work is to capture time as a quantity that influences human life more than any other, and that is one of the most legally relevant facts with which the law attaches certain legal consequences. The thesis is divided into nine chapters; the first four are devoted to philosophical and historical introduction to the concept of "time", while the remaining five are focused on the influence of time in the context of the current Civil Code. The first chapter follows the perception of time from the beginning of mankind, deriving primarily from the work of a major Romanian historian and philosopher of the last century - Mircea Eliade. The second chapter is dedicated to time as divisible quantity and describes the different ways to divide time through the day on a longer term units - years. The third chapter discusses the concept of time in ancient Rome from the perspective of the great scholars of his time - Isidore of Seville and Ambrosia Theodosius Macrobius. It describes not only the Roman division of time, but also the development of the Roman calendar...
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Non-existence as a new institution of Czech law
Buchal, Jiří ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Non-existence as a new legal institution of Czech law This paper deals with non-existence as a legal insitution that has been added to the traditional consequence of defective legal acts - invalidity - during the recodification of Czech private law. The aim of this diploma thesis is to comprehensively analyse the legal institution of non-existence. The paper is divided into eight chapters, the introduction and the conclusion. For the purpose of analysing non-existence comprehensively the paper focuses also on systematic explanation of legal acts themselves. The first chapter brings the definition of legal act, deals with different ways to enter into legal acts as well as forms of legal acts provided by law or by agreement of contracting parties. The second chapter focuses on describing the principles of legal act whilst aiming especially on manifestation of will as the essence of legal act. Besides that this chapter deals with creation of legal acts and their legal effects. The chapter three defines the four essential elements of legal acts - the elements of subject, the elements of will, the elements of manifestation of will and the elements of the object of legal acts. The fourt chapter continues with description of legal acts that suffer from defect in one or more of their essential elements,...
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The Compensation for Corporal Damages in the Czech Republic and in France, Comparative Study
Hrdličková, Alexandra ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Summary: The main goal of the thesis is to compare the legal basis of compensation for corporal damages and compensated types of damages linked to corporal damages in the Czech and French legal systems. It aims not only to evaluate the benefits of each of the systems for victims but thereof to evaluate the ability of each system to counterbalance on the one hand the opportunity of the judge to consider the circumstances of each individual case and the sums therefore awarded, on the other hand the predictability of decisions for victims, without the excessive formality of the decision. At the end I consider the French legal institutions linked to this issue that could be the source of inspiration for the Czech legal practice. In the first chapter, I compare the theoretical basis of legal responsibility in both chosen legal systems and its influence on legal practices of compensation for corporal damages. These theoretical differences have essential consequences for practices of compensation for corporal damages in both legal systems. An example of this fact are different requirements for proving the causation link or the different role of application of the liability because of things that have essential consequences to victims' status in a case of disputes over compensation for corporal damages. The aim of...
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Liability for Damage to Health in the Sports Industry.
Černý, Vojtěch ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The purpose of thesis is to independently describe and analyze various assumptions upon which arises the liability to damages according to regulation in OZ. The emphasis is being placed particularly on damage to health and associated claims, i.e. compensation for pain and social impairment. A substantial part is devoted to the method and amount of compensation, particularly with regard to the adoption of a new concept, which is to be indemnified loss in full accordance to the principles of decency, if case it cannot be determined otherwise. In addition, it was necessary to deal with other non-pecuniary injuries which include injuries caused by mental distress. The thesis is, besides introduction and conclusion (the first and fifth chapter), composed of three main chapters. The second chapter is devoted to the relationship between two seemingly independently existing phenomena of recent time, and those are law and sport. First, it defines the concept of sport through its characteristics, which is followed by the actual relationship between law and sport. Further, the thesis describes a problematic existence of the branch of Sports law. The third chapter reports on the institute of legal liability under the laws of the Czech Republic, first in general, then specifying the liability arising from...
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