|
|
Arbitration According Rules of the International Chamber of Commerce in Paris (ICC)
Žilinčíková, Ivana ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Arbitration as an out-of-court form of business dispute resolution is becoming increasingly popular. One of the most important institutionalized arbitration on international level, is arbitration according the Rules of the International Chamber of Commerce located in Paris. One reason for choosing this type of arbitration is in particular the international importance and the authority that the International Chamber of Commerce and its affiliated institutions, in particular the ICC Court, have in the international trade area. I consider this type of arbitration to be one of the most appropriate forms of proceeding in international business disputes, what also confirms the history of its development, the benefits it provides by its principles and the authority that the arbitrators obtain. The process of adaptability of the proceeding and the highly skilled arbitrators provide a great ground for the smooth running of the whole process. The basic principles of this type of arbitration are the autonomy of the parties will, the principle of equality of parties, non-publicity, discretion, speed and economy. That 's why the greatest pressure is placed on arbitral tribunal members who, in addition to respecting the Rules ICC, must also strongly respect the imperative regulations and public order of the...
|
|
|
Civil Liability in the Case of Disrespecting a Patient's Advance Directives
Mayerová, Vendula ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
Civil Liability in the Case of Disrespecting a Patient's Advance Directives The aim of this thesis is to analyse and describe the problematic of Civil Liability in the specific case of disrespecting a patient's advance directives by a medical. The institute of Advance Directives was first introduced in the Czech law by the Convention on Human Rights and Biomedicine in 2001 and later by the Law No. 372/2011 Coll., Act on Health Care Provision. Thought the Advance Directives cannot be considered as a new institute in the Czech law, it is hardly ever used in practice. There is no judicature and practical knowledge on the topic of civil liability in this case, and the insecurity causes that doctors do not feel like willing to respect the exceptionally occurring advance directives, because they fear the criminal liability they think that could arise if they did not provide the health care necessary for saving life of their patient. This thesis is trying to highline the importance of a patient's will. Meanwhile, it is pointing to the fact that even saving a patient's life can cause legal liability of a doctor. The thesis is primarily analysing and describing such liability within the general provisions on liability in the Czech Law and is also trying to give an insight to the problematic of potential...
|
|
|
Autonomy of the patient's will at childbirth
Sedláček, Tomáš ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Page 1 of 2 Abstract The diploma thesis deals with the topic of autonomy of the mother's will during childbirth. The main goal of the work is to analyze the legal regulation concerning the provision of healthcare in connection with childbirth and the limits of the autonomy of the patient's will in this situation. The aim of the thesis is to examine the issue of the autonomy of the patient's will according to the valid and effective legal regulation in the Czech Republic, with respect to gradual enforcement of the principle of patient and healthcare provider equality, this issue being related to a relatively specific area of childbirth. There is general legal regulation, relating to the position of the patient, healthcare provider and their mutual relationship outlined in this thesis. This legislation is then subsequently used for the provision of healthcare in relation to childbirths. The case law of both domestic courts and the European Court of Human Rights is then applied to specific problems in this area. One of the described problems is the legal nature of the delivery plan as one of the basic means of expressing the autonomy of the patient's will. In particular, the legal nature of the birth plan is handled as institute which is not regulated by law. Possible legal consequences of the delivery plan as...
|
|
|
Matrimonial property in the context of inheritance proceedings
Kočerová, Veronika ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The purpose of my final thesis "Matrimonial property in the context of inheritance proceedings" is to analyse law dealings with settlements of matrimonial property and its application in inheritance proceedings. I emphasize problems caused by a lack of interconnection between the legislation of matrimonial property and the law of succession where I focus on both the substantial as well as procedural law. Furthermore, I discuss a tension between two principles - free will and protection of a surviving spouse - which emerges during the settlements of matrimonial property in the inheritance proceedings and which is apparent from the amount of rights given to the surviving spouse under the law of succession. Additionally, I compare the Czech legislation in this matter to the English law, even though England belongs to different legal culture where the concept of matrimonial property has not been fully introduced yet. However, considering the need for adjusting the Czech legislation of matrimonial property to the law of succession, I suggest that the protection which is given to the surviving spouse under English law might be inspiring for the Czech legislator.
|
|
|
Prohibition of Discrimination and Freedom of the Individual
Buchtová, Kateřina ; Kühn, Zdeněk (advisor) ; Ondřejek, Pavel (referee)
This work examines the compatibility of prohibition of discrimination in private law and the principle of autonomy of will which is the leading principle of private law. For this purpose, the work analyses both principles and their limits, examines their conflict and possible coexistence. First of all, this work deals with the prohibition of discrimination in private relationships and the extend of its effect. This extend is limited by the scope of the Antidiscrimination Act as well as by certain exceptions from equal treatment. Considering the fact that antidiscrimination law does not have a long tradition in the Czech Republic, this work uses international law and EU law, as well as relevant case law, to interpret the norms of antidiscrimination law. Further, this work focuses on the principle of autonomy of will which is the fundamental prerequisite for realization of the will of individuals in private law. Besides the content of the principle of autonomy of will, this work analyses its limitations given by private law acts, especially Civil Code and Labour Code. The conflict of prohibition of discrimination and the autonomy of will is can be perceived from different perspectives. Some of them are mentioned in this work. In essence, this conflict is a conflict of two fundamental rights, equality...
|
|
|
Freedom to contract in employment relationship
Slabý, Tomáš ; Hůrka, Petr (advisor) ; Štefko, Martin (referee)
This thesis deals with the actual extent of contractual freedom in labor law relations from the theoretical perspective and from the perspective of its specific consequences in labor law as well. Therefore the thesis consists of two main parts. In part one, the thesis defines the legal principle concept and continues with the autonomy of the will characteristic, from which the contractual freedom principle derives, and then it describes its restrictions as a reset of both the principle of equality and the principle of protection of the weaker party to contract. As follows, the thesis deals with the position of labor law within the private law area, its historical development, the influence of the Constitutional Court decision no. 116/2008 Coll. and the adoption of the new Civil Code in terms of the labor law contractual freedom extent. The ending of the first part is dedicated to the modern "flexicurity" system that seeks to reach the balance between contractual freedom on one hand and an employee protection within labor law on the other hand. In its second part, the thesis aims to analyze particular appearances of contractual freedom within chosen labor law aspects as it both, shortly describes them and assesses them in terms of the space that they provide to contractual freedom and the amount of...
|
|
|
Autonomy of testator's Will
Šotová, Sandra ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
The rigorous thesis provides an insight of free testator's will. It is divided into five chapters that are further structured into sub-chapters where are terms, institutes and other matters related to this subject explained in depth. The thesis is mainly focused on interpretation of the current hereditary right that is combined with practice of the courts. In parallel is every chapter that discusses the current legislation, compared with the proposal of the new civil code. The thesis also includes a historical overview, beginning with the Roman law. The last chapter analyses the proposal of the new civil law with description of institutes that were not mentioned in previous chapters.
|
guest ::
