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Pure Economic Loss
Tůma, Martin ; Elischer, David (advisor) ; Šustek, Petr (referee) ; Psutka, Jindřich (referee)
Pure Economic Loss Abstract The presented work deals with the issue of compensation for pure economic loss, which was introduced into the Czech legal system by Act No. 89/2012 Coll., Civil Code. In the previous version of civil law, compensation for pure economic loss was not limited at all. However, the legislator has newly taken over the regulation of liability from the German BGB, which significantly narrows the liability for pure economic loss. The aim of the author was therefore to evaluate the compatibility of this approach with the basis of the responsibility system of Czech civil law. The author first focuses on explaining the concept of pure economic loss and some related terms and subsequently presents an analysis of the theoretical concept of the function of private liability and a presentation of the key functions of liability law. This introductory part is followed by a comparative analysis of foreign legal regulations in relation to liability for pure economic loss, which, in addition to the necessary analysis of the relevant provisions of the German BGB, focuses on the analysis of jurisprudence across selected legal systems. In the chapters following this comparison, the author analytically evaluates the knowledge gained, especially in relation to the generally prevailing restrictive approach...
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Contractual liability and its limitation
Tůma, Martin ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Thesis title: Contractual liability and its limitation The aim of the thesis is to assess the options of parties to a contract when settling liability rules diversify from the standards of Czech Civil Code (Act. 89/2012 Coll). The author provides introduction of multiple ways of how the parties can limit their contractual liability and emphasize that the aim of any liability is to motivate subjects to pay attention to the opposite party's rights and assets, but in the context of Civil Code its main function is to repair damages and satisfy the injured party. The subject which is in breach of its duties therefore gets new or alternated duties, as well as the injured party gains more rights on its side. For the scope of liability, it is important to define the content of the contract as the parties see it in the moment of the contract's conclusion. The content does not consist only of rights and duties connected to the fulfilment of the contract object matter, but it also consists of duties to respect other interests of the opposite party, so the status quo in respect to matters not connected with the fulfilment of the obligations remain untouched. Such a protective aim arises out of strengthened confidence of the relation between contractual parties and can be mainly seen as a duty of prevention and...
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Civil Law Liability of Directors
Váňa, Dalibor ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The thesis analyzes the civil law liability of statutory bodies, especially members of the board of joint-stock companies and managing directors of limited liability companies. The work is accompanied by the relevant case law. In thesis is first defined the concept of liability, principles of management and administration of corporations, and principles of acting on behalf of companies. Followed by a historical overview of the issue, particularly in relation to the Commercial Code (Act no. 513/1991 Coll.). The thesis deals with theoretical analysis of liability, assumptions of liability and other related issues. The main focus of the work is the analysis and comprehensive approach to legal institutes duty of care, duty of loyalty and the business judgment rule. The work includes a comparison of legislation contained in the already canceled the Civil Code and Commercial Code with legislation contained in the currently valid and effective Civil Code (Act no. 89/2012 Coll.) and the Business Corporations Act (Act no. 90/2012 Coll.). The thesis also deals with issues of legal guaranty of members of statutory bodies in connection with the bankruptcy and causing damage to the company. The work also includes a comparison of selected foreign jurisdictions. In the end is presented synthesizing conclusion...
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