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Lex Artis-Legal Interpretation of the Issue (Comparative Analysis)
Mikulová, Magdalena ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
This diploma thesis goes into a problem of the legal interpretation of the term lex artis, which some authors describe as well-known term of unknown content. Generally, this term relates to the activities of doctors and other health care professionals within taking care of patients, and usually we can meet with the ablative lege artis, which is used to denote a professionally correct action. This term is in common usage also in the reference books and case law where the breach of the duty to act lege artis is considered to be a precondition for liability of physician or health care provider for injury to the patient. Certain difficulty of using the term lex artis lies in the fact that the legislation in force does not mention not even define this term and its meaning must therefore be inferred from legislation by interpretation. For the legal definition of lex artis is from 1st April 2012 considered the provision of s. 4 (5) of Act No. 372/2011 Sb., about Health Services and Terms (the Health Services Act), as amended, which defines appropriate professional standard of providing health services and which is from the early beginning criticized by the part of professionals for its alleged conflict with patients' rights guaranteed by the Convention on Human Rights and Biomedicine. The aim of this...
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Injury as a breach of personality rights
Koliha, Michael ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damage to health as an interference with personal rights protection The purpose of this thesis is to describe the kinds of claims arising to the damaged parties in cases of unjustified interference with personal rights, especially in cases of bodily harm. This thesis comprises four chapters, where the first chapter provides brief overview of the legislation regulating personality rights and rights to protection of health in the Czech Republic. Chapter two provides more detailed overview of personality rights and rights to protection of health of an individual in the current Civil Code and it also serves as theoretical basis for the following chapters. Chapter two especially describes the content of personality rights and rights to the health of the individual, and identifies the parties entitled to sue and having the capacity to be sued. Chapter two also describes the circumstances under which the interference with the protection of personality is permissible and also the means of protection of personal rights which the damaged individual has. The essential part of this thesis is focused on the relation of the (non)pecuniary claims arising from the unjustified interference of personal rights protection pursuant to sec. 11 and following of the Civil Code and the damages to compensate physical injury...
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Community property de lege lata
Svejkovský, Vít ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to introduce the issue of marital property, which I consider is still up to date. That is what I also learned during an internship at the court. I chose this topic mainly because I find it very interesting and important. This topic is very closely related to the family, which I consider to be the core of the society. The society without the family could not simply work. Joint property of spouses is one of the key nodes of the society. Not only the relationship between the spouses themselves, but also in relation to third parties. The thesis consists of six chapters, where most of them are further divided into subsections. The first chapter deals with the historical context of the development of joint property. This leads to an understanding of the current legislation. The second chapter deals with how the joint property is created and what constitutes the content of the joint property. That means assets and liabilities. In addition, it is pointed out what by the law cannot be part of the joint property. The third chapter of the thesis deals with the disposal of the joint property of spouses. Such disposal of joint property management concerns not only common, but also the non-common administration. Also an important point in this part is the relation between business activities and...
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Selected issues of adoption (comparative fragments)
Kubovičová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé The topic of this master thesis is selected issues of an adoption (comparative fragments). I chose not to deal with the theme as a whole because of its extent, which would have inevitably lead to mere scratch of the surface of such complex issue as an adoption. Picking and choosing some interesting aspects enabled me to go more into detail and elaborate on them in depth. When approaching this thesis I chose to use combination of analytic and comparative method. The thesis itself is composed of the introduction, six chapters and the conclusion. The purpose of the Introduction is to make the reader aware of the structure of the thesis and to outline the complicated legal nature of adoption. The objective of this thesis, which is also announced within this section, is to provide the reader with issues not usually dealt with within theses or academic works. Chapter One is divided into three parts and subsequently shed light into the concept of the adoption, its types and sources of the legislative. Chapter Two is dedicated to historical excursion and is divided into two parts. The First Part deals with global level and the Second Part is focused on the national level with emphasis on most recent historical milestones. Chapter Three is subdivided into three parts. The First Part examines conditions, which...
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Extramarital unions (a comparative study of the Czech Republic and France)
Buchtíková, Alžběta ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The topic of this thesis is the legislation of cohabitation outside of marriage. The thesis focuses on the treatment of registered partnership in the Czech legal system and its equivalent in the French legal system - Pacte Civile de Solidarité. The thesis describes the historical development and current legal regulation of this issue, discussing the terms of formation of the partnership, the rights and obligations arising from this partnership and circumstances of termination of the partnerships in both Czech and French legislation. In the conclusion, both legislations are compared.
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Compensation of damage to health
Pak, Viktor ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
DAMAGES FOR INJURY - SUMMARY The purpose of my thesis is to analyse the present situation in the area of medical law and to find possible legal solutions which would contribute to its improvement. Damages for injury is one of the fastest developing areas of medical law. The legislation of liability for damage to health is contained primarily in the civil code and in some other statutes, of which the most important is the statute on health care of the people. The essential preconditions for the emergence of the liability for damage to health, as well as in the case of other responsibility for the damage, is; the violation of legal obligation, fault, damage and causation between the breach and damage. Each components its specificities. Most of the issues concern causation. Causation can be difficult to demonstrate with certainty due to the unpredictability of biological processes in the body. Courts usually require a 100% proof of it. In cases of liability for damage to health caused by the applied instrument or operational activities is not necessary to prove the fault or breach of legal obligation, which facilitates the position of claimants who seek damages. The basic legal obligation of the provider of health services is to follow the lege artis principle. This concept requires that the procedure be...
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The right of a child to know its origin v. babyboxes
Hrušková, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The Child's Right to Know Their Origin v. Babybox The goal of my Master Thesis is to evaluate the possibility of applying the child's right to know their origin, to find out the relationship between the right and Babybox and objectively compile and assess the existence of Babybox itself. My attention has been focused on other institutes, too, where the right to know one's origin is feasible to achieve as well as on institutes where this right is still being heavily discussed. I concentrated on one part of family law that has to react to the scientific and medical progress and changes in society. The topics I focused on are not unambiguous and it is necessary to deal with them sensitively as it is an issue important for the whole of society. It is clear that every human being wants to know their past and roots for many various reasons. This Thesis is divided into five chapters. The first chapter is dedicated to legal regulations in family law, both international and domestic. The most important international norms and contracts managing children's rights and related questions are included. I found the Convention on the Rights of the Child, where the right to know one's origin is also included, as the most significant norm. Many institutes are in conflict with this Convention. Czech legal framework...
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The legal institution of settlement
Hávová, Lucie ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Thesis abstrakt Legal institute of settlement The aim of the thesis is to characterize the legal institute of settlement from a general viewpoint, as well as to describe the most common situations where the institute of settlement is applied according to Civil Code. The thesis is composed of five chapters. The chapter One is introductory and characterizes the settlement as a process, in which the existing relations between subjects are liquidated while new ones are formed concurrently. The following chapter is divided into four subchapters relating to the settlement of common property. The first of them explains what the co-ownership means in Civil law. Then the both ways of termination and settlement of common property are described, i.e. the termination of a settlement of common property by an agreement of co-owners and by a decision of court. The last subchapter is devoted to legal regulations of co-ownership in new Civil Code which is expected to be passed. The chapter Three is focused on the settlement of community property. The property relations between spouses are mostly necessarily settled when the marriage has terminated by death or by dissolution of marriage. In two specific cases the community property terminates and must be settled, although the marriage still exists. It occurs in case of...
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Legislation of Family and Relationships between Parents and Children (with Insights into Past and Future)
Valentová, Hana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The presented thesis provides a comprehensive view of the current legislation on family and parents-children relationships, including insights into past and future. Being a still hot topic is the reason why I chose it for my thesis. Two introductory chapters discuss historical context of family and development of legal relationships between parents and children to date. The family has evolved over time, developed and changed and so has the status of its individual members, which was all reflected in legislation (paternal power, parental power, parental rights and duties, parental responsibilities). The current concept of family is described in Chapter 3, followed by Chapter 4 which gives general characteristics of family law and legal relations within the family, including the definitions of basic concepts used in the rest of the work. Key Chapter 5 discusses the concept of parental responsibilities brought into our law by the so-called "big amendment" to the Family Code (Act No. 91/1998 Coll.). In exercising these rights and duties, parents are obliged to protect the best interests of the minor child, to control his or her actions and to exercise supervision over him or her. The parent-child relationship is equal and both its parties are holders of complementary rights and duties. In all actions, child's...
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