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National Repository of Grey Literature 1 records found  Search took 0.01 seconds. 
The Doctrine of Loss of Chance and its application in the Czech Law
 Dlabolová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The Doctrine of Loss of Chance and its application in the Czech Law Abstract This thesis diploma deals with the civil law doctrine of "loss of chance" that addresses the issue of proving causation in medical-legal disputes. The author of the thesis has defined the following research question: "What is the position of the Supreme and Constitutional Court of the Czech Republic regarding the application of the doctrine of "loss of chance"? The primary aim of this thesis is to evaluate the approach to the doctrine of "loss of chance" within the legal system of the Czech Republic by critically analysing the relevant case law of the Supreme Court and the Constitutional Court of the Czech Republic. This thesis discusses the development in the views of these judicial institutions on the application of the doctrine and also describes the approaches of foreign judicial practices to the application of the doctrine of "loss of chance". The thesis also points out certain mistakes that are often made by courts in the interpretation of "loss of chance" doctrine, which may lead to a rejecting of the doctrine. Finally, the paper summarizes the positive and negative aspects of the doctrine. The thesis consists of three parts. The first part provides a theoretical definition of the doctrine of "loss of chance" and points out...
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