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Damages in cases of bodily injury
Piptová, Martina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
in English The final thesis mainly deals with the description and evaluation of the development of civil legislation on compensation for non-pecuniary damage to health in connection with the adoption of the New Civil Code. The main purpose of the thesis is to analyse the manner of determining the amount of reparation of non-pecuniary damage, including comparisons of the compensation according to the Methodology of the Supreme Court with the previous system of compensation in connection with non-material injury. The first chapter approaches the theoretical background important for the establishment of the obligation to compensate non-material damage, mainly legal tort liability and the related preconditions for its emergence, i.e. the unlawful conduct, formation of the damage, causation and fault. Next chapter describes the individual claims included in non-pecuniary damage, i.e. claims for suffered pain, social impairment and mental suffering, including discussion whether these claims remain individual under the New Civil Code. The third chapter, as the core of the whole thesis, describes the method of determining the amount of compensation for non-pecuniary damage caused by bodily injury, particularly in relation to the Methodology of the Supreme Court of the Czech Republic issued for the purpose...
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Damage to health: comparative study
Lachváčová, Zuzana ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damage to health: comparative study The final thesis deals with the issue of damage to health in the Czech, American and French legislation and case law. The work deals with individual claims arising from injuries and thesis describes the criteria and methods of compensation for these claims. The thesis is divided into three chapters, which are further divided into subsections and subchapters. The first half of the thesis describes the legislation of damage to health and personal injury in the Czech law. This part focuses on the conditions that must be met in order to create an obligation of compensation for personal injury. It also describes the damage to health and its partial claims which may be compensated and it describes the process of determining the amount of damages according to the Methodology of the Supreme Court. Final part of this chapter deals with damages to health caused by medical malpractice. The second half of the thesis is divided into two parts, the first part deals with the US legislation of compensation for damage to health and the second part concentrates on the French legislation which deals with this institute. In the chapter devoted to American law, the work describes the different types of personal injury compensation, which developed in the United States. The thesis...
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Liability for damage to life and health in labour relations
Čadská, Silvie ; Bělina, Miroslav (advisor) ; Štefko, Martin (referee)
Liability for damage to life and health in labour law (Abstract) This rigorous thesis deals comprehensively with the employer's liability for non-pecuniary damage caused by employees - ie damage to life or health of an employee in an employment relationship, ie both an employee and an employee working on a work agreement or work agreement. Civil servants will not be left out of the assessment either, as the amendment to the Civil Service Act refers in many respects to the Labour Code. The thesis contains a discussion of the basic institutes of liability with a focus on the prevention and prevention of risks in the workplace, a description of basic concepts in the field of accidents at work and occupational diseases, the extent of compensation. The text describes the system of individual compensations and the possibility of their application by the employer. The text of the thesis does not focus on a mere description of the current legislation but complements the individual institutes with short case studies from practice, which reflect, among other things, whether the legislation really responds flexibly to labour market needs. One separate chapter is also devoted to the comparison of double-tracking of the regulation of compensation for accidents in the civil and labour law regime - this double-tracking is...
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Crimes of bodily injury according to § 145 and § 146 of the Criminal Code
Svobodová, Lenka ; Jelínek, Jiří (advisor) ; Pelc, Vladimír (referee)
The following rigorous thesis closely and complexly deals with chosen deliberate crimes resulting in demage to health where these deliberate crimes make rather large group of lawless behaviour. The victims of this lawless behaviour are not only citizens of the Czech republic but recently there are also victim citizens from other countries who are currently present in the Czech Republic when the deliberate crime happens. Unfortunately these offences are quite commonly part of our life. The aim of the thesis is to give the reader general overview of the offence mentioned it theory but also in practise. In the introduction there is some information about the legislation of the facts of the chosen cases as well as the legal terms used in the Czech criminal code. In comparison, the author is mentioning the legislation of these offences in the Slovak Republic, while it is clear that there are no big differences in both penal codes. This is because of the fact that both the Slovak as well as the new Czech penal code are based on legislation used at the time when both the countries were part of one. There is also a short note about the legislation of deliberate offences resulting in demage to health in French criminal code for those who are interested. The following parts of this thesis focus on the...
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Immaterial harm in civil law
Vojáčková, Barbora ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis is focused on immaterial harm in civil law. An immaterial harm is very topical issue, especially because it arises primarily through interferences with personality rights and the persons concerned feel this harm more intense than material damage. The thesis tries to give a comprehensive overview of all aspects of immaterial harm. It's based on effective legislation, especially the Law no. 89/2012 Coll., Civil Code. In the first part the thesis deals with the theoretical description of immaterial harm and the definition of the basic terms connected with it. The current relevant legal regulation and an overview of the historical development of the legal regulation of immaterial harm with an emphasis on the territory of the Czech Republic are presented here. Part of the theoretical part is also an overview of the changes that occurred in the law of immaterial harm in 2014 after the entry into force of the new Civil Code. This is followed by the analysis of the assumptions that are a prerequisite for the right to compensation for the immaterial harm suffered, including exceptions and related institutes. The second part of the thesis deals with individual components of personal protection. Apart from the specific personal rights, it also includes special institutes and areas of immaterial...
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Legal regulation of bodily injury in the Czech Republic and Poland
Filipcová, Natálie ; Šustek, Petr (advisor) ; Salač, Josef (referee)
This thesis deals with the topic of damage to health in the Czech and Polish legal systems. I consider this topic to be very important one because it is connected with the basic human rights such as right for life and health. It is impossible to avoid damage to health in everyday life and that is why it is important to know how to deal with it when it happens. We can find answer in law which says that all damages to health have to be compensated. However the issues of compensation are very complicated because human health and life have immeasurable value. That is why we have to accept that damage to health especially pain and social impairment cannot be fully compensate. This thesis concentrates mainly on compensations for damage to health. It deals with the pecuniary and non pecuniary damages as well. A lot of changes were made by Act No. 89/2012 Coll., the Civil Code and cancellation of ordinance No. 440/2001 Coll. especially when considering damage to health. To set the extent of the compensations charts will be used no more. Also the law which calculated the exact amount which should be given to the survivors was cancelled. The compensation should be given in an amount so it balances out damage to health. If such compensation cannot be determined it should be set according to the rules of...
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Damages in cases of bodily injury
Piptová, Martina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
in English The final thesis mainly deals with the description and evaluation of the development of civil legislation on compensation for non-pecuniary damage to health in connection with the adoption of the New Civil Code. The main purpose of the thesis is to analyse the manner of determining the amount of reparation of non-pecuniary damage, including comparisons of the compensation according to the Methodology of the Supreme Court with the previous system of compensation in connection with non-material injury. The first chapter approaches the theoretical background important for the establishment of the obligation to compensate non-material damage, mainly legal tort liability and the related preconditions for its emergence, i.e. the unlawful conduct, formation of the damage, causation and fault. Next chapter describes the individual claims included in non-pecuniary damage, i.e. claims for suffered pain, social impairment and mental suffering, including discussion whether these claims remain individual under the New Civil Code. The third chapter, as the core of the whole thesis, describes the method of determining the amount of compensation for non-pecuniary damage caused by bodily injury, particularly in relation to the Methodology of the Supreme Court of the Czech Republic issued for the purpose...
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The issue of causality in the suits for damages
Kafková, Eliška ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The issue of causality in the suits for damages The subject of this thesis is the issue of causality in disputes relating to compensation for damage to health. Causation is a considerably miscellaneous institute, therefore, this paper deals with various aspects of this topic and its context. The writing focuses on cases in which damage was caused to health through providing health services, as this legal field is characterized by many specifics from other areas of liability. Firstly, the thesis aims at explanation of the concept of causation, its importance and development not only in law but also in other areas of human activity. Subsequently, the attention is focused on the significance of causation in law; after theories of causation are compared, its substantial features are described in comparison to the other elements of liability. Consequently, the work concentrates on processes through which the causal link is determined, on the selection of relevant causes and consequences and the relationship between them in cases involving their plurality. It does not forget to mention the importance of causation in the context of strict liability, particularly in its specific cases relating to the provision of health services. The core of this work is the issue of causation in disputes in which the...
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Damage to health: comparative study
Lachváčová, Zuzana ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damage to health: comparative study The final thesis deals with the issue of damage to health in the Czech, American and French legislation and case law. The work deals with individual claims arising from injuries and thesis describes the criteria and methods of compensation for these claims. The thesis is divided into three chapters, which are further divided into subsections and subchapters. The first half of the thesis describes the legislation of damage to health and personal injury in the Czech law. This part focuses on the conditions that must be met in order to create an obligation of compensation for personal injury. It also describes the damage to health and its partial claims which may be compensated and it describes the process of determining the amount of damages according to the Methodology of the Supreme Court. Final part of this chapter deals with damages to health caused by medical malpractice. The second half of the thesis is divided into two parts, the first part deals with the US legislation of compensation for damage to health and the second part concentrates on the French legislation which deals with this institute. In the chapter devoted to American law, the work describes the different types of personal injury compensation, which developed in the United States. The thesis...
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Extraordinary compensation in personal injury cases
Drobiš, Zbyněk ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Extraordinary compensation in personal injury cases The purpose of this thesis is providing the information about the compensation for damage to health in the Czech Republic with an emphasis on the development of case law. The introductory chapters are provided general assumptions of liability and introduced the issue of liability for damage caused by the nature of the used thing and liability for damage caused by operating activities with an emphasis on medical disputes. Also, a brief definition of lege artis procedure as a basic prerequisite for the performance of medical care. Definition of the conditions and extent of compensation for damage to health by the Ministry of Health No. 440/2001 Coll., including a comparation with the previous Decree No. 32/1965 Coll. The main basis of the thesis consists of a table of case law in terms of compensation for damage to health and the amount of granted compensation. Table of case law serves not only as a basis for drawing conclusions from the cases, but also to serve as a practical tool for practice to quick orientation in the personal injury cases, simply by searching for a similar injury and assessment of compensation according to the table of case law. In terms of compensation for damage to health, thesis also deals with the issue of personality rights,...
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