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Hlodavci jako škůdci na zemědělské produkci
Vargová, Michaela
The thesis critically evaluates the existing knowledge on the importance of rodents as an important pests of agricultural crops. The main part of this thesis, i.e. the literature review, focuses on a brief description of the damage caused by rodents in the global context, and subsequently in the Czech Republic. The thesis focuses on the possible causes of this damage. Furthermore, the thesis mentions rodent species and their distribution according to food consumption, followed by a description of economic and sanitary damage. The thesis also mentions preventive measures against rodents, monitoring, methods of damage control and their economic impact. The thesis concludes by mentioning possible gaps in knowledge of the impact of annual crops on damage levels and potential alternative options for rodent damage control.
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Protection of the Injured Party in Criminal Proceedings
Mandíková, Eliška ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Protection of the Injured Party in Criminal Proceedings Abstract This thesis is focused on the injured party, the subject of criminal proceedings. The aim of the thesis is to identify the most pressing shortcomings of the current legislation through a comprehensive analysis of selected topics. The thesis is divided into eight main parts. Chapter one focuses on the very definition of the term injured party and the basic division into injured person entitled to compensation for damage, non-pecuniary damage or unjust enrichment with specific rights in adhesion proceedings and injured person without this right. This is followed by an overview of the position of the injured person in criminal proceedings with an emphasis on his or her representation and the issue of a joint agent. The central concept of the third chapter is the victim of a crime, the definition and differentiation from the concept of injured person. This part discusses selected institutes of the Act on Victims of Crime and the basic principles governing it. Chapter four deals with the development of legislation. It describes the legal regulation of the position of the injured party in historical criminal procedure codes and significant amendments to the current Criminal Procedure Code that affected the rights of the injured party. The subsequent...
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Calculating damages in copyright infringement claims
Prokop, Jan ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Calculating damages in copyright infringement claims The diploma thesis is focused on the issue of calculating damages in copyright infringement claims. In the work, the author summarizes the basic aspects of copyright and subsequently focuses on the analysis of the current legislation on the calculation of the amount of damages in copyright infringement claims. The thesis is written with an emphasis on current trends in copyright law, which are mainly the use of author's works on the Internet, the use of file hosting repositories, framing, embedded links, and BitTorrent. The diploma thesis is divided into five chapters, among which the Introduction and Conclusion are not included. In the first chapter, the author describes the basic principles of copyright important for its functioning, provides definitions of important terms institutions, describes current developments and trends in the field of copyright and, in the end, addresses the issue of cybercrime. In the second chapter, the author discusses some ways of copyright infringement, considering current problems. The connection of copyright with some of the modern technologies mentioned above is also discussed in the second chapter. The chapter is supplemented by the most important jurisprudence in this area. The third chapter is dedicated to...
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Civil liability of expert witnesses
Lukášová, Karolína ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Civil liability of expert witnesses Abstract This diploma thesis aims to point out the risks related to expert assessments as well as describe the kinds of harm that the violation of expert's duties can cause. Furthermore, the thesis also presents the options for seeking redress in such cases. The new legislation which came into force in the beginning of 2021 brought many important changes. The main objective of the new act in the expert witness area is to set precise and detailed rules for the expert assessments and to raise the standard of expert reports. One of the instruments used to achieve this objective is the strengthening of the liability of experts, including the implementation of the civil liability of experts for damage caused by the professional services offered. Even though the concept of liability of expert witnesses for damage is not completely unknown in the Czech Republic, legal literature has neglected this topic so far. In contrast, articles related to the public liability of experts can be found regularly. Due to the different purpose of criminal and administrative proceedings, an individual has no guaranteed subjective right to claim for redress and compensation in these proceedings. That is why such rights must exist within private law. The diploma thesis presents a detailed analysis...
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The institution of pre-contract liability in theory and practice
Kraus, Radek ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Diese Arbeit behandelt das Thema "Rechtsinstitut der vorvertraglichen Haftung in Theorie und Praxis". Die ganze Arbeit ist in drei Teile gegliedert und zwar "Der Begriff der Vorvertraglichen Haftung", "Die Komparative Analyse der ausländischen Rechtsordnungen" und "Das tschechische Konzept der vorvertraglichen Haftung". Das Hauptziel dieser Arbeit ist, die praktischen Aspekte der vorvertraglichen Haftung zu beschreiben, was aber ohne ausreichende theoretische Grundlagen unmöglich ist. Die Doktrin culpa in contrahendo (Verschulden beim Vertragsabschluss) wird Rudolph von Jhering zugeschrieben, denn er hat im Jahre 1861 als erstes die charakteristischen Züge der vorvertraglichen Obligationen beschrieben. Der Autor ordnet in dem ersten Teil dieser Arbeit noch die vorvertragliche Haftung in das Rechtssystem ein. Die zum Teil von dem Autor entworfene Definition dient dann in dem zweiten und dritten Teil zu dem einfacheren Vergleich der Konzepte von vorvertraglicher Haftung in verschiedenen Rechtsordnungen. In dem zweiten Teil wird zuerst das deutsche Konzept der culpa in contrahendo beschrieben, wie es sich von R. von Jhering über die Schuldrechtsmodernisierung bis zum heutigen Tag entwickelt hat. Die Entwicklung der deutschen Auffassung der vorvertraglichen Haftung von der materiellen zur formalen...
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Liability for damage under Insolvency Act
Kovacs, Stanislav ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The aim of the thesis is, based on analysis of the institute of liability for damages in the Insolvency Act and related legislation, to characterize the institute of liability for damage in insolvency law and to define its position within the system of sanctions, to identify links to private and public (including criminal) legal norms, to present concrete examples from existing case law to address some unclear areas of existing arrangements and to identify and to describe changes resulting from the new regulation of the institute of liability for damages in the new Civil Code. The thesis is divided into two parts, the general (conceptual) and specific (critical). The general part is divided into four chapters. Chapter one summarizes the theoretical background of the institute of liability for damages. Chapter two provides an overview of the general private law liability for damages and fundamental differences on liability for damages in the old and the new Civil Code. The third chapter is devoted to a specific rules on liability for damages in the Insolvency Act. Chapter four discusses the different possibilities of a claim for damages or other harm. The special part is devoted to analysis of the facts of liability for damage governed by the Insolvency Act. Individual facts of case are systematically broken...
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Damages in investment disputes
Jurák, Michal ; Balaš, Vladimír (advisor) ; Pohl, Tomáš (referee)
Resumé: This thesis titled "Damages in Investment Disputes" deals with analysis of various types of damages in investment arbitrations. To approximate this theme author tries to use the case study methot for various terms of international investment law. The aim of this thesis was to try to summarize theoretical definition of damages, using its various types and reasons of their origin. Described is contractual basis, from which damages arise in causal nexus, but also particular instrumets of investment arbitration and its jurisdictional practice. Thesis is divided (without counting the introduction and conclusion) into three chapters, which are further divided into sub-chapters, possibly into additional parts. First chapter is an excursion into common theory of international investment law with focus on damages. It encloses though theoretical basis, but also individual contractual recourse. The theory basics is suplemented with evaluation of basic terms, like investment and damages in international investment arbitration. Its component is also definition of investment from jurisdictional practice (Salini test). Second chapter is focused on definition of damages and its various types. Starting point to this is also definition of mostly used methods to determine amount of damages. As basics is used fair and...
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Private enforcement of competition law
Bocková, Claudia ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The purpose of my thesis is to analyse the state of private enforcement of competition law in the European Union and the Czech Republic by taking into consideration the proposals set forth in the Green and White Paper on damages actions for breach of EC antitrust rules issued by the European Commission which were inspired by the U.S. system of private enforcement of antitrust law. Further on, the possible impact of the implementation of such proposals into Czech law will be assessed and experience of Member states will be considered. The dynamic development of this area of law and the never ending political and legal debate on the possibilities of private enforcement in Europe was the reason for why I have chosen to write my thesis on this topic. The thesis is composed of eight chapters, each of them dealing with different aspects of private enforcement of competition law. Chapter One is introductory and is divided into three parts. Part one tackles the difference between public and private enforcement. Part two deals with the evolution of the concept of damages claims and introduces the most relevant decisions of the Court of Justice of the European Union. The third part identifies the problems occurring with damages claims. Chapter Two examines the question of applicable law. Chapter Three...
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The mode and amount of harm and non-proprietary damages relating to health care
Gavendová, Lucie ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The mode and of harm and non-proprietary damages relating to health care The subject of this thesis is the issue of compensation of proprietary and non- proprietary damage suffered by patients during the provision of health care. Particularly, it is a damage resulting from bodily and deadly injury, which is most commonly caused by malpractice of doctors and other medical workers. Legal institute of damage compensation is of cardinal and irreplaceable importance in the area of Civil law. The thesis examines this institute from its material aspect, namely in terms of the mode and amount of compensation. First part of the work deals with the introduction of the major changes brought by the new regulation of Czech Civil law into the area of damage compensation and their potential impacts on this sphere. Subsequently, there are further definitions of compensation's content, mode and amount, their mutual relations and historical development. That is followed by presentation of the main functions of the material and non-proprietary damage compensation. The core of this work is focused on exploring the mode and amount of compensation for the different types of material and non-proprietary damage. In this part, there is widely used existing established practice of the courts, the author deals with...
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The issue of pre-contractual liability in relation to the practice of negotiating and concluding commercial contracts under national law and case-law of selected EU countries
Krupka, Jiří ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The thesis deals with questions of pre-contractual liability which is seen as a very specific institute whose conception is diverse in different EU countries and also outside. The main research question is a difference between pre-contractual liability perception in the different countries and its full description in relation to the negotiations of business contracts with an emphasis on Czech law. In the first part, the author analyses historical background of pre-contractual liability in relation to Roman law and German-Austrian legal systems in which the professor Jhering developed that construction of culpa in contrahendo. In the following chapters, the author deals with the description and nature of pre-contractual liability, particularly in questions of whether they are contractual or delictual liability and enter into details the basic facts, example and extent of damages with respect to the European concept of pre-contractual liability. He concludes that the pre-contractual liability is in the European concept as delictual liability, with regard to the decision of European Court of Justice. The author simultaneously mentions that although similar facts in the legal systems, the extent of damages is very different when there is a clear dichotomy between positive and negative interesse. The...
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