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Liability for damage in case law
Kulišová, Magdaléna ; Pichrt, Jan (referee) ; Drápal, Ljubomír (advisor)
78 Résumé: Liability for damage in the practise of the courts The purpose of my thesis is to analyze liability for damage in the Czech labour law in the view of the practise of the courts. The study is focused mainly on employee's and employer's General liability, then on the Liability for a shortfall of things entrusted to an employee and the Liability for damage to deposited items. The reason for my research is ambiguous use of this judicial institute and possibility of application of existing judicature in conditions of the new Labour Code. The thesis is composed of eleven chapters; each of them is dealing with various aspects of liability in general and chosen kinds of liability in labour law. First chapter is introductory and defines the structure of the thesis and individual chapters. Chapter two defines the conception of the liability in general and it's aims, which characterise it's function in labour law. Chapter three deals with various kinds of liability and is divided into five parts, each deal with separate kind of liability. Chapter four compares relevant the Czech Labour Code and the former Labour Code. The goal of this chapter is to prove that existing judicature can be applied in conditions of the new Labour Code. It highlights main changes in the Liability for damage and compensation of...
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Non-competition clause
Šťastný, Kryštof ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
TITLE: Non-competition clause AUTHOR: Kryštof Šťastný DEPARTMENT: Department of Labour Law and Social Security Law SUPERVISOR: JUDr. Ljubomír Drápal ABSTRACT: The aim of this thesis is to present a comprehensive description of the historical development of legal regulation of the non-competition clause from 1910 onwards, to point out the most important aspects of the current legal regulation, and to compare Czech legal regulation of this institute with its equivalent in German legal system. To achieve this aim, an analysis of the historical regulation of the non-competition clause is conducted and the positives and negatives of each regulation are presented. Emphasis is nevertheless put on the analysis of the present legal regulation of the non-competition clause in the Labour code. To put the Czech regulation of the non-competition clause into international context, a comparative analysis of Czech and German regulation is conducted, and the positives and negatives of the German regulation are assessed. The most important terms and concepts are introduced and defined in the first chapter to make their usage clear for the rest of the thesis. The second chapter is dedicated to the historical development of the regulation of the non-competition clause in the present-day Czech Republic. The historical...
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Liability for damage in case of occupational injuries and occupational diseases
Nguyenová, Lucie ; Štefko, Martin (advisor) ; Drápal, Ljubomír (referee)
The intention of my thesis is to analyse legal provisions concerning occupational injuries and occupational diseases, comment amendments in this area of labour law and indicate meaning and content of above mentioned legal provisions in connection with court decisions and practical facts. The entire text is structured into chapters relating to particular topics connected with occupational injuries and diseases. At first the thesis introduces concept of liability with specifics that influence area of occupational injuries and diseases. Subsequent chapter contemplates recent events and system of legal insurance of employer's liability. Fourth chapter describes provisions implementing prevention of occupational injury and disease. Fifth chapter defines conception of occupational injury and occupational disease in detail, elaborates characteristic features, prerequisites, process of solving and possibility of employer's exemption. Sixth chapter reflects findings relevant to compensations provided to affected employee. Result of processing the topic is composed of comprehensive characterization of main terms and issues, with effort to indicate explanation of respective judgements and consider selected legal provisions.
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