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Protection of personal rights in continental system and common law
Ondřejová, Eva ; Švestka, Jiří (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
With the increased global infringement of personal rights, it is necessary to be aware of the protection in the different legal systems, especially Anglo-American. Even if the consequences are to be felt in the domestic legal order, the enforceability is recognized under the foreign legal order. The protection is worldwide and through the case law from the European Court of Human Rights the two legal systems - Common law and the Civil Law are penetrating the legislation and the case law in respect of the institute of the protection of personal rights. The doctorate thesis presents the complex introduction to the area of protection of personal rights in the Common law, especially in English law, Commonwealth countries and USA that has not been presented yet for the Czech legal professionals. The thesis explains theoretical concept of the Common law and its background for the purpose of explanation of differences of examined legal orders. The institute is explained on the key historical case law that led to establish the Common law principles. The thesis uses the current and topical legal cases and problems that the orders face in the 21st Century.
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Camera systems and video records in legal protection of privacy
Chládek, Milan ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
DISSERTATION ABSTRACT JUDr. Milan Chládek Camera systems and video records in legal protection of privacy The main goal of this dissertation named Camera systems and video records in legal protection of privacy is the basic analysis and familiarization with the highest actual and in the recent time wide-discussed problems. The field of the video surveillance is highly interesting and for the time being by the law science not solved topic. The legal science and practice solve problem belongs to this problematic area often as you go along, often by the aplication of the more generic rules and therefore the deciding authorities often make the law complete by theirselves because the legislator was not able to cover all the possible situations - just because of high actuality and novelty of this topic. This work tries to cover the topis by the relative wide way, from the generic introduction and tematic survey of the right to privacy offers first the concrete work with generic topic of right to privacy in relation to the video records, further focusing on camera systems and the last third of the work focuses on highly modern technologies of using video surveillance and on other methods using video records and snapshots in the area of informatic technologies and further areas of the use. The dissertation is...
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Preliminary injuctions in civil procedings
Hrnčiřík, Vít ; Winterová, Alena (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
The topic of preliminary injunctions (injunctive relief) in civil proceedings has not been monographically processed and published in the Czech Republic for more than one hundred years. That is in spite of the practical relevance and topical debates pertaining to the topic. A whole array of problematic questions connected to preliminary injunctions is controversial and also legal opinions in Czech commentary literature considerably diverge in respect to particular issues. The thesis offers a systematic approach to preliminary injunctions and proceedings governed by the Czech Civil Proceedings Code and the Statute on Special Court Proceedings ("OSŘ" and "ZŘS"). Attention is paid to historic developments and comparable jurisdictions (especially Germany and Austria), which are used as a reference in cases where Czech sources are insufficient. The aim of the work is to pose and answer fundamental questions of the "law of preliminary injunctions". The work deals with function, typology, relation to the proceedings based on merits, interlocutory character, limits, means, effects, particularities (such as demonstration, justification), requirements for granting and possibilities of enforcement of preliminary measures, further with relation to relative legal creatures (i.e. preliminary enforceability) and...
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Unjustified Enrichment in the Comparative Perspective
Petrov, Jan ; Dvořák, Jan (advisor) ; Salač, Josef (referee) ; Vychopeň, Martin (referee)
strana 259 Unjustified Enrichment in the Comparative Perspective Abstract The aim of the thesis is the legal research of important results concerning unjustified en- richment that have been attained in foreign jurisprudence and judicial opinions, especially within the German legal family, and their comparative application to all provisions of the New Czech Civil Code ("NCC") regulating unjustified enrichment, including their rela- tion to other parts of civil law. The thesis thus draws extensively from Austrian and Ger- man jurisprudence and case law, from the Draft Common Frame of Reference, from Swiss law and from comparative literature; further legal orders are also mentioned and a refined translation of relevant foreign provisions is included in the appendix. The thesis does not include a mere description, but rather follows the interests of Czech law and aims to make a contribution to Czech jurisprudence and application the of law. Accord- ingly, the thesis is also founded on complete research of the Czech Supreme Court case law made in and after 2010. The thesis comes to a number of conclusions (summarized in the itemized resumé) which may be deemed for original from the point of view of the Czech legal discourse. These conclusions corroborate the hypothesis that the Czech law of unjustified...
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The Role of Lawyer in a Civil Trial
Sedláček, Miroslav ; Macková, Alena (advisor) ; Winterová, Alena (referee) ; Vychopeň, Martin (referee)
This thesis looks at the role of the lawyer in a civil trial. This should always be conceived as the lawyer as a legal expert contributes to the carrying out of justice and also the basic objective of the civil trial being realised, i.e. securing effective protection of the rights and legally protected interests of individual persons. The thesis gives basic premises which in particular involve definitions of civil trial terms and the status of the lawyer, including the historical context of the development of the lawyer role within Czech territory. The main part of the thesis then looks at individual methods for representing parties in civil trial proceedings and the role of the lawyer is his different tasks. A comparison is further made with representation in proceedings before the European Union's Court of Justice. In the lawyer's professional activities, the observance of certain ethical principles which should be referred to in their work, as well as the basic premise of lawyer responsibility, also plays a role. The thesis' conclusion considers the opportunities of de lege ferenda in the lawyer's trial with the goal of noting the benefits in particular, but also the drawbacks of this solution. KEYWORDS Lawyer, civil trial, lawyer's trial
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Protection of personal rights in continental system and common law
Ondřejová, Eva ; Švestka, Jiří (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
With the increased global infringement of personal rights, it is necessary to be aware of the protection in the different legal systems, especially Anglo-American. Even if the consequences are to be felt in the domestic legal order, the enforceability is recognized under the foreign legal order. The protection is worldwide and through the case law from the European Court of Human Rights the two legal systems - Common law and the Civil Law are penetrating the legislation and the case law in respect of the institute of the protection of personal rights. The doctorate thesis presents the complex introduction to the area of protection of personal rights in the Common law, especially in English law, Commonwealth countries and USA that has not been presented yet for the Czech legal professionals. The thesis explains theoretical concept of the Common law and its background for the purpose of explanation of differences of examined legal orders. The institute is explained on the key historical case law that led to establish the Common law principles. The thesis uses the current and topical legal cases and problems that the orders face in the 21st Century.
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Material satisfaction of immaterial loss in czech private law
Čuříková, Pavla ; Švestka, Jiří (advisor) ; Salač, Josef (referee) ; Vychopeň, Martin (referee)
Material satisfaction of immaterial loss in Czech private law (summary) The purpose of my thesis is to analyze the moral and material satisfaction in Czech civil law. I wanted to provide a deep interpretation of these institutes which represent an important phenomenon in our time. The importance of protection of personality increased in the 20th century in connection with development of human and personal rights. In last years also according to mass media and global society. My aim was not only to give the interpretation of basic institutes and instruments of protection of personality but also to show more extensive circumstances of this topic, set into relevant judicial cases and European aspects. I quit the part regarding constitutional law which creates a basis for another law adjustment and other basic grounds because I have already dealt with them in my previous dissertations. Chapter one attempts to provide an introduction to the topic of my dissertation giving overview of all chapters. Chapter two and three are denoted to the basic institutions relating to the protection of personality, moral and material satisfaction. They show the meaning of the institutions and also give readers the introduction to these problems. Chapter four provides an important introduction to the history of protection of...
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Insurance Policy and the Legal Expenses Insurance
Beran, Tomáš ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
1.Summary - review in English The above-mentioned work comprises of two basic issues that are connected together, namely commentary on Insurance Policy Act as general introduction into the field of insurance policies and consequent and special issue of legal expenses insurance interpretation. The basic meaning of it was to introduce not only the provisons concerning insurance policies, but also to show one of the insurance policies type in details, what could be hardly possible or satisfactory without preceding description of the Insurance Policy Act. Thus, complete summary of this work will be divided into two parts; first would be the part concerning Insurance Policy Act and second would be the part concerning legal expenses insurance. 1.1.Insurance Policy Act - Summary The first part of this work concerned, as mentioned above, the Insurance Policy Act, whereas my primary aim was to interpret provisions of this act that were worth it and point out namely on imperfections of the existing legislature. It wasn't and wouldn't be of any significant value just to copy and paste individual provisions of the act, therefore, this work aimed primarily on introduction of new ideas and as a basis for that served a confrontation with the actual wording and its interpretation, whereas plain consent with what was...
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Liability for Damage Caused by a Defective Product
Šťovíček, Petr ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
Dissertation Thesis Abstract - Liability for Damage Caused by A Defective Product JUDr. Petr Šťovíček The subject-matter of the dissertation thesis is the relationship of legal liability for damage inflicted upon a consumer by a defective product. The paper describes the statutory definition of the relationship, in particular, without limitation, the preconditions to the establishment of liability of the individual entities on the part of entrepreneurs participating in all phases of the product distribution from the moment of its manufacturing, or, as the case may be, it import to the Czech Republic, to the moment of its sale to the end consumer; limits of the liability and possibilities through which the consumer may claim compensation of the caused damage. The first part of the paper focuses on the above mentioned issued of general legal regulation applicable to liability, its historical development and types; it has a rather generally descriptive nature. Special civil law regulation of liability is provided for also in a number of special Acts, in particular in Act No. 59/1998 Coll., on Liability for Damage Caused by A Product Defect. The second part of the thesis provides an outline of the legal regulation covering the sphere of consumer protection with respect to liability relationships incurring in...
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Camera systems and video records in legal protection of privacy
Chládek, Milan ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
DISSERTATION ABSTRACT JUDr. Milan Chládek Camera systems and video records in legal protection of privacy The main goal of this dissertation named Camera systems and video records in legal protection of privacy is the basic analysis and familiarization with the highest actual and in the recent time wide-discussed problems. The field of the video surveillance is highly interesting and for the time being by the law science not solved topic. The legal science and practice solve problem belongs to this problematic area often as you go along, often by the aplication of the more generic rules and therefore the deciding authorities often make the law complete by theirselves because the legislator was not able to cover all the possible situations - just because of high actuality and novelty of this topic. This work tries to cover the topis by the relative wide way, from the generic introduction and tematic survey of the right to privacy offers first the concrete work with generic topic of right to privacy in relation to the video records, further focusing on camera systems and the last third of the work focuses on highly modern technologies of using video surveillance and on other methods using video records and snapshots in the area of informatic technologies and further areas of the use. The dissertation is...
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