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Civil liability for bodily injury in the provision of health services
Pobudová, Dana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Civil liability for bodily injury in the provision of health services. The purpose of the present thesis is to analyse the issue of civil liability for bodily injury in the provision of health services. This issue is very topical, especially due to the adoption of new private law, which is presented in this work. The new legislation is evaluated and the problems that have occurred or might occur are defined. In addition the legislation of important institutes is compared with previous regulation. The thesis is composed of eight chapters, each of them dealing with different aspects of civil liability. Chapter one defines basic terminology used in the thesis. The next chapter presents the sources of law. Attention is paid to complex relationship between the Civil Code and the Law on Health Services, and also to a new type of contracts established by the Civil Code - agreement on health care. Chapter three mentions the basic relationship of medical law - the relationship between a doctor and a patient, including the reasons for its creation. The transformation from a paternalistic model to a partnership model is also highlighted. Chapters four and five are concerned with civil liability. At first the liability is defined in general, and subsequently individual facts relating to the provision of health...
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Residential lease
Vávrová, Aneta ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The aim of my thesis is to analyse the legislation regarding the residential lease and to compare the new Civil code regulation with the old Civil code regulation. Whereas some provisons of the old Civil code were completely replaced by the new legislation and some were practically left untouched. The thesis is composed of seven chapters and subchapters. The introductory part consists of the overview of the historical evolution of the residential lease and definition of fundamental terminology. The main part of the thesis concentrates on describing the residential lease and changes of the relating legislation. The last part concentrates on interesting court rulings. The first chapter presents the overview of the changes in the residential lease legislation, from the 19th century to the present day and is divided into three broad historical periods. The second chapter comprises the main definitions including definiton of the residential lease, definitiv of a flat, cooperative housing flat, sublease and other types of flats. The third chapter mentions various ways of establishing the residential lease and mainly concentrates on lease contract, which is the most common reason for establishing the residential lease. The fourth chapter summarizes the changes in the regulation of rights and obligations of...
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The right of ownership of a unit and possibilities of its transfer after recodification
Radová, Lucie ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The right of ownership of a unit and the possibilities of its transfer after recodification This thesis deals with the right of ownership of a unit by the act No. 89/2012 Coll. (the civil code) with emphasis on the possibilities of its transfer. I chose the topic because of great practical importance of the issue and many changes brought by recodification of the civil law. This thesis is based on comparative method - the previous legislation by the act No. 40/1964 Coll. (the civil code) and by the act No. 72/1994 Coll. (about ownership of flats) is compared with current legislation. The main aim of the thesis is to clearly describe the most significant changes in the rules of ownership of a unit and its transfer and to point out the benefit of the new regulation as well as its weaknesses and eventual practical problems. This thesis is composed of eight separate chapters, each of them includes several subsections. First chapter contains an introduction to the issue of the ownership of flats and a brief description of the historical development of ownership of flats in the Czech Republic. Chapter two describes the basic concept of ownership of flats by the repealed legislation, followed by chapter three describing the same basic concept by the new legislation and highlighting the most important...
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Immaterial harm in civil law
Kalábová, Eliška ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Immaterial harm in civil law - Abstract My thesis is focused on immaterial harm in civil law. It is a topic nowadays broadly discussed because its creation is most often associated with interference in the personal rights and its consequences are very severe. The aim of my thesis is to provide a comprehensive overview of the possibilities of creation immaterial harm and the ways of remedying its consequences. The work deals with the effective legislation, meaning mainly the Act No. 89/2012 Coll. Civil Code (hereinafter "the new Civil Code"). In some parts of my work is pointed towards now uneffective legislation of Act No. 40/1964 Coll. Civil Code from the year 1964 which is siginificantly different from the new Civil Code. The first chapter defines the basic terms associated with the topic of immaterial harm. The following chapter discusses the development of creation of immaterial harm in our area and describes the reasons for the necessity of protecting the personal rights and also creation of obligation to compensate for losses by unlawful encroachments. The third chapter deals with individual partial values of human personality and evaluates its regulation and protection method. Associated with each term is given its definition and terms of exercising their protection. The fourth chapter is concerned...
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Formation and termination of marriage
Schmier, Petr ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Marriage is an important legal institution, which is connected with the development of Christian-Jewish culture and concerns, whether directly or indirectly, every one of us. In this is seen topicality of chosen topic and this fact is underlined by the adopting of the Act. No. 89/2012 Coll, the Civil Code, which is progressing in the continuity of the previous legislation, but it also brings a number of changes. In this work was used a large number of books, commentary literature, technical articles or legal textbooks. Finally, there are theoretical conclusions and statutory provisions, supported by higher Courts jurisprudence, which is despite of the changing in legislation, still apply. The work is divided into three parts which are preceded by Introduction and terminated by Conclusion. Part One is named Marriage, aims to bring readers the institution of marriage and to point out interdisciplinary character and the number of different approaches and attempts to define it. Own merits of the thesis is in the second and then in the third part, bearing the name after the Marriage Formation, the Marriage Conclusion. Part Two is named the Marriage Formation is divided into 8 chapters which are focused mainly on the engagement, proceedings before marriage, forms of marriage, the ceremony of marriage and...
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Usufructuary lease in the light of the New Civil Code
Siebertová, Lucie ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The professional thesis at hand is dedicated to the institute of usufructuary lease, which, following a long period of absence, has been incorporated into the Civil Code, i.e., Act No. 89/2012 Coll. Usufructuary lease differs from the related institute of lease, inter alia, by the fact that it is, in its essence, not the mere transfer of the use of an item for temporary use, but also for its utilisation. Usufructuary lease is enacted in Sections 2332 to 2357 of Act No. 89/2012. Coll., the Civil Code. These provisions entail, apart from general ones, also the usufructuary lease of agricultural land and of an enterprise. Under Act No 513/1991 Coll., the Commercial Code, the latter was referred to as the lease of a business. Despite its differences, it has to be said that usufructuary lease and lease share some common traits. This is also the reason that the provisions on lease apply, mutatis mutuandi, to the provisions of usufructuary lease, unless stated otherwise by a specific provision of the law. The introduction of the thesis deals with the historical development of usufructuary lease, as well as with the necessity of a consistent distinction between lease and usufructuary lease. The following chapters analyse the contract on usufructuary lease, the subject matter of usufructuary lease, the...
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Registered Partnership and its Legal Consequences in Relation to Alternative Family Care
Faustová, Markéta ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This thesis deals with the issue of two today very important institutes, namely the registered partnership and the alternative family care. The aim of the thesis is to focus on areas where the two institutes overlap. Current registered partnership legislation contains some problematic provisions in relation to forms of alternative family care. The text of the thesis has focused on the description of these problem areas and try to outline possible future changes even in the context of the situation on the international level.
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Marriage
Daňková, Jana ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
70 ABSTRACT The topic of my Master's degree thesis is institution of "Marriage". I chose this topic because I am interested in family law and I would like to be an attorney focusing on this area of law in future. I also think that marriage is an important legal and social institute, which proves its long-standing history. This thesis reflects the historical development of the law but it mainly deals with legislation in force. Specifically it deals with the origin of marriage, dissolution of marriage and the legal consequences that legal negotiation brings. I also pay attention to the legal regulation of rights and responsibilities of spouses. The thesis is divided into five chapters. The first chapter is dedicated to an introduction. The next three chapters deal with the actual institution of marriage and its aspects. The fifth and last chapter is the conclusion. In addition to these chapters thesis contains the Content, the Bibliography and the Annexes. The second chapter describes the historical development of legal regulation of marriage. This chapter is divided into two subchapters, the first of which is devoted to marriage in Roman law and the other depicts the development of legislation marriage on Czech territory. Chapter Three discusses legislation in force of marriage in the Czech Republic and...
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A comparison of legal regulation of termination of flat lease in the Czech Republic and Poland
Hanusek, Viktor ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Housing is one of the basic needs of everyone. If this need is not satisfied, one does not feel safe. In fact, one suffers in other respects, does not have privacy and is not able to engage in other activities. There are various ways how to realize the need of housing. Nevertheless, the biggest limiting factor is the financial situation of the person. Therefore, the vast majority of the population lives in a leased flat these days. The lessee is in the position of the weaker party regarding the contract. Therefore, the law provides a special legal protection for the lessee. I decided to write a diploma thesis that would concern the housing law. It happened after passing optional subject called Housing law and I have gained valuable knowledge about legal issue of lease housing. Frankly, I was impressed by its dynamics and frequency. I chose a comparative topic thanks to my study abroad in Wrocław within the Erasmus programme. That programme provided me an access to Polish literature. Moreover, I had a great opportunity to consult the Polish law with lawyers teaching me at the University of Wrocław. The main aim of my diploma thesis is to analyse the ways of the legal regulation of termination of flat lease in the Czech Republic and Poland. This corresponds to the structure of the thesis. The first...
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Casual link in medical disputes and ,,loss of chance,, concept
Loucká, Kateřina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
This thesis deals with the responsibility associated with the provision of health care, specifically it deals with the problem of causal link in medical disputes, its peculiarities, its obstacles related to its proving and possible ways of burden-of-proof- easement in relation to causation, including in particular the loss of chance concept. Second section of the thesis is dedicated to the brief introduction to the issue of liability, as a specific phenomenon necessary for the functioning of the human community, which is in the provision of health care represented not only by civil liability, but also by ethical disciplinary or labour liability. Legal liability is however clearly the dominant and most efficient instrument to regulate the conduct of the legal norm addressees. Legal liability, defined as secondary legal obligation, arising as a result of a breach of the primary legal obligation, is described in the third section of this thesis according to its basic structural elements. These basic structural elements are: infringement, emergence of damage, fault and finally causal link between the unlawful conduct and the damage. Crucial attention is paid to the causal link, to the specification of the causal link concept, to the requirement for level of proof in the Czech legal system and also in...
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