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Liability in Public Health Insurance System in the Czech Republic
Kops, Richard ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
MMGGRR.. RRIICCHHAARRDD KKOOPPSS OODDPPOOVVĚĚDDNNOOSSTT ZZAA ŠŠKKOODDUU VV SSYYSSTTÉÉMMUU VVEEŘŘEEJJNNÉÉHHOO ZZDDRRAAVVOOTTNNÍÍHHOO PPOOJJIIŠŠTTĚĚNNÍÍ VV ČČEESSKKÉÉ RREEPPUUBBLLIICCEE RRIIGGOORRÓÓZZNNÍÍ PPRRÁÁCCEE AAbbssttrraacctt iinn EEnngglliisshh The thesis is based on an explanation of the main legal principles of payment of medical services via public funds - public health insurance, and demonstrates various possibilities of application of liability. Responsibility springing from the Civil Code is compared with a special institute of compensation (reimbursement) of the costs paid for health services due to the unlawful action against the insured, in order to stress the subsidiarity of the Civil Code and to outline the practical difficulties of interpretation. Liability and the compensation mentioned above are being analyzed in general at first and more deeply afterwards, always tied to some of the benefits in kinds - allowances of the public health insurance system. Although the author collides and struggles with the imperfections of existing legislation or its interpretation, he tries to make comprehensive, clear and practical tool for reader to make its own opinion if faced with these issues in practice.
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Solidarity in legal obligations
Dočkal, Tomáš ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Summary. In this thesis there is treated legal institute solidary obligation relationship. It is one of that legal institutes which are not in the limelight of as many specialized works as they should be for their frequency of their use in practice. Although it could seem at first sight that the solidary obligation relationship is formed enough that there cannot arise any faintnesses there, but the opposite is true. There is not a one united theoretical view of solidary obligation relationship; the solidary obligation relationship can be understand as a one obligation relationship by the first view called theory of unity, but it can be understand as more obligation relationships which exist between creditor and every solidary debtors (in case of passive pluralism) or between debtor and every solidary creditor (in case of active pluralism) by the other view called theory of plurality. The most of specialized literature which take heed of solidary obligation relationship and which were written in recent time understand the solidary obligation relationship in accordance with the theory of plurality. This thesis in opposite to that specialized works understands solidary obligation relationship as a one obligation relationship in accordance with the theory of unity which is preffered in practice although it is...
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Notice of termination of apartment lease
Bauer, Petr ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
The subject of the Work is the notice of termination of apartment lease. The Work was submitted during the vacantia legis period (i.e. the period between the force and effect of the law) of Act. No. 89/2012 Coll., the "new Civil Code". With regard to the historical politico- legal development of the Czech Republic, the content of the Work may be simply divided into the "three generations of notices of termination of apartment lease". However, the main objective of the Work are the practical issues with notices of termination of apartment lease according to the existing regulation, i.e. Act No. 40/1964 Coll., and the regulation according to the new Civil Code. Since the new Civil Code is partially inspired by the regulation effective in the territory of the Czech Republic in the 19th and the first half of the 20th century, attention is paid (in relation to apartment lease notices) also to the regulation from the first half of the 20th century, which in the form of special acts regulated reasons for lease termination in relatively great detail. The first comprehensive regulation was drawn up in the period of the so called "First Republic" based on Act No. 83/1918 Coll, on Protection of Tenants. Evaluation of lease apartment termination notices may not be quite separated from other institutes of law...
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Representation upon a Power of Attorney
Krupová, Petra ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
The aim of this thesis is to clarify the legal regulations of the institute of the representation with an emphasis on the representation upon power of attorney (contract representation). Thanks to the extent of this work it is impossible to encompass the whole matter of the representation in a way that would be worthy of an analysis. In this thesis it is written about the historical roots of the legal regulations of the representation which are already enshrined in Roman law. The main part of the adjustment is de lege lata. The general adjustment of the representation has to be searched in the valid and effective Civil Code (The Law No. 40/1964). We can meet the partial legal regulations in other branches of the legal code too, for that reason other legal statutes related to the topic of this work are discussed. The thesis deals with the application problems in practice and numerous law cases of the law particularly of higher courts. The attention is also focused on two initiatives within the European Contract Law - the Principles of European Contract Law (PECL) and the Draft Common Frame of Reference (DCFR). Finally it is necessary to pay - now approved - the new Code of Civil Rights, which represents an extensive legislative work and as the complex is an important legislative step in the times of...
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Liability for Personal Injuries and Personal Injury Compensation
Tomis, Rostislav ; Dvořák, Jan (advisor) ; Salač, Josef (referee)
This thesis tries to summarize the main and substantial principles of the general civil responsibility as well as principles of personal (material and immaterial) harm. In the first part of the thesis, a reader can find the basic principles of the responsibility (the relationship based by an unlawful behavior of the party at fault). Besides the Czech legislation (the Czech Civil Code), the thesis summarize also some important points from the French and Belgian law (definition of fault, harm/injury, illegality). The following part of the thesis concerns various claims of a person who has been injured on health, i. e. claims of the injured person stipulated by Sections 444 - 449 of the Civil Code. Particularly, the author analyses and explores the Regulation No. 440/2001 Coll. which stipulated amounts of pecuniary damages in case of the personal injury.
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Modifications of community property
Blažek, Matouš ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
This diploma thesis deals with community property ("CP"). CP is one of the institutional property regimes. CP is known from the times of Roman Empire and made significant progress until nowadays. In Europe, CP differs from country to country. In the Czech Republic, CP is created by law at the time spouses enter into marriage. CP can be modificated before entering into a marriage as well as after. CP can be modificated by spouses or by court. CP can also be avoided. Modification of CP has its effects; if existed, it must be adjusted, and has also significant effects on spouses' creditors. CP's legal base is very brief and lets wide scope of answers unanswered. For example, Civil Code nr. 89/2012 as well as Civil Code nr. 40/1964 does not specify the age when engaged couple can make a prenuptial agreement or uses indefinite legal terms (spouses' typical house equipment, etc.) The thesis is composed of 10 chapters and describes the legal basis for modification of CP, and the effects of modification of CP. The goal of my work is to describe the subject of CP, how CP works in practice, and describe how to modificate a CP. Chapter one (Historical excursion) leads us through history of this legal institute, starting in Roman Empire and ending with new Civil Code (nr. 89/2012). Chapter two (CP in Europe) is a...
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The divorce and its civil-law consequences
Frček, Mojmír ; Salač, Josef (advisor) ; Dvořák, Jan (referee) ; Radvanová, Senta (referee)
My dissertation thesis is concerned with the theme of divorce and its civil-law consequences. It would be difficult to find any other legal concept in the real life that has undergone so many changes as divorce and the associated civil-law consequences. While compiling this thesis I strived to become acquainted primarily with any available theoretical sources, such as commentary literature, specialised books, legal textbooks and, last but not least, also specialised magazines, both printed, such as Právní rozhledy, Soudní rozhledy, Rodinné právo, Právo a rodina and Právní rádce, including magazines published by relevant professional chambers - Bulletin advokacie (Czech Bar Association), Ad Notam (Notary Chamber of the Czech Republic) and Komorní listy (Chamber of Distrainers of the Czech Republic), and the electronic ones, such as epravo.cz or eLAW.cz. Where relevant legal opinions on a particular matter varied, I recorded this plurality of opinions and, at the same time, I formulated my own stance. As the topic of my thesis consisted in studying applicable law, I heavily stressed that account should be taken of any decisions of general courts as well as of the Constitutional Court. Where the court case-law had been developing over the years and either inconsistent or even contradictory legal...
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Historical development of legislation dealing with creation and extinguishment of residential lease and protection of residential tenants in the territory of the Czech Republic
Trávníková, Blanka ; Salač, Josef (referee) ; Pohl, Tomáš (referee)
This thesis is devoted to the description of modifications and termination of tenancy in the Czech Republic so that this presents for each time period, the development of civil rights in this country. The thesis begins with the adjustment after the Czechoslovak Republic, the Austrian Civil Code No. 964/1811 Coll., as described here by special treatment of the tenancy if enacted laws to protect tenants. Then goes on to describe the thesis of Act No. 141/1950 Coll. Civil Code and special laws on the treatment management of flats No. 138/1948 Coll. and 67/1956 Coll., which deals with treatment of extensive state intervention in the form of decisions of local governments of the creation and termination of lease to occupy the flat. Followed by a period in the original wording of the Act No. 40/1964 Coll. Civil Code and Tenancy be replaced right to use the apartment became the role of local governments of the origin and termination of the relationship. Act No. 509/1991, 267/1994, 107/2006 and 132/2011 Coll. then after the fall of the communist regime in the country as well as the legal relationship of tenancy, which returns the original terminology, deleted interventions local national committees and strengthens the position of the landlord. The new Civil Code No. 89/2012 Coll. the finish of that will...
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The apartment ownership and apartment owner's association according to the present and newly proposed legislation
Džuganová, Jana ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The thesis is concerned with the institute of the flat ownership and legal regulation of apartment owner's association. With respect to the extent of aforesaid theme the thesis describes only selected problems, for example the concept and the content of the flat ownership, the concept of the residential unit, the co-ownership of common parts of the residential building, the character of apartment owner's association, its legal personality, membership in apartment owner's association and its organizational structure. The thesis was prepared before the effectiveness of the Civil Code No. 89/2012. That is the reason why the thesis is focused on legislation effective before the effectiveness of the new Civil Code. The thesis is at the same time focused on the new Civil Code content. The objective of the thesis is among others to refer to defects of legal regulation of the flat ownership and apartment owner's association contained in the code No. 72/1994, the Flat Ownership Code. Afterwards the thesis describes how are the objective matters regulated by the new Civil Code. Another aim of the thesis is to find out how and in which way does the new legislation resolve the defects of the previous legislation.
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