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Personal data protection in health care area: legal aspects of health care documentation with special regard to right of privacy of human being
Široká, Lucie ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Archiving and processing of personal data and its overall treatment in relation with medical care service is still an underestimated issue. Current situation is influenced mainly by the fact, that traditional, yet obsolete, paternalistic conception of relation between medical care provider and patient comes out of centralistic view on health care system that gave the provider (respectively medical staff), as the stronger side of this relation, almost exclusive powers over human (patient). Result of this phenomenon was a continuous and universal disrespect to the right to privacy and implying right to protection of personal data. Data relating to health condition of person were thought of as property of medical staff that got used to treat them at their will. All of this was happening within legal regulation that was far from being perfect. Significant and conceptual legal adjustment was set when ratifying Convention on Human Rights and Biomedicine (n. 96/2001 Sb.m.s.). Convention persists on theory, that diagnosis in no more than law and thus human being is superior to interests of science or society. Current legal regulation of preserving personal data in health care area could not hold out any more due to accessing to the Convention. That is the reason why these days everyone has a recognized...
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Civil liability in sports
Šidliák, Jiří ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
- Civil liability in sports The purpose of my thesis is to make the readers acquainted with the complicated questions of the sportsmen' civil liability for sport injuries. With regard to the constantly growing sports commercialization and media promotion the increasing number of serious injuries incurred during sports activity will become more and more topical problem. The thesis is composed of seven chapters, the introductory ones dealing mostly with theoretical approaches to the given questions and the subsequent ones describing particular real cases. The two introductory chapters focus on general and more specific theoretical approaches to the sportsmen' liability for sport injuries. Chapter three deals with the division of sports according to sport branches and levels (professional and amateur). It investigates also the problem of sports rules with emphasis on football which is the most popular sport in the world. Chapters four and five concentrate on the Czech and international judicature which has appeared in the area of civil (marginally in the criminal) liability of sportsmen for sport injuries. Chapter six examines a few finished and current cases and the last chapter outlines the future development of the questions of the sportsmen civil liability for sport injuries. Generally we can say...
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Autonomy of testator's Will
Šotová, Sandra ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
The rigorous thesis provides an insight of free testator's will. It is divided into five chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the proposal of the new civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the proposal of the new civil law with description of institutes that were not mentioned in previous chapters.
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Formation and termination of marriage with respect to property issues
Kovandová, Radka ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The purpose of my thesis entitled ,,Formation and termination of marriage with regard to the proprietary aspects" is the analysis of institutions of marriage and the community property. These institutions are characterized in terms of their formation, existence and termination. The thesis is composed of six chapters, for of them dealing with formation and termination of the marriage and two of them dealing with community property. Besides these six chapters the paper also contains the introduction and the conclusion. Chapter number one contains the formation of the marriage in terms of civil law, which is analyzed marriage, bethrothment, assumptions of marriage and nuptials (eligibility for marriage, wedding statement and celebration of a betrothal), proceedings before marriage (application and documents, certificates), special ways of marriage (formation of marriage by agent, formation of marriage abroad, formation of marriage in direct danger to life fiance) and legal consequences of nuptials. Chapter number two contains contains the formation of the marriage in terms of canon law. There is described concept of marriage in canon law, betrothal and marriage preparation, the main obstacles of marriage and formation of canon nuptials in terms of closure of the ordinary, extraordinary and secret...
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Married couples' shared ownership
Pavlová, Kateřina ; Dvořák, Jan (advisor) ; Švestka, Jiří (referee)
As the subject for viva work I have chosen married couples' shared ownership, because I believe that this issue is very current, its legal regulations insufficient and currently completely inappropriate, and also this topic concerns all of us. The goal of work is to assess the existing legal regulations of property relations between spouses, to point out to some of their imperfections, and to try to at least outline the appropriateness of a different solution to the problems that occur in connection with these legal regulations.
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