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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Legal regulation of natural persons in the General Civil Code and in the current Civil Code
Stromšík, Jakub ; Kuklík, Jan (advisor) ; Frinta, Ondřej (referee) ; Gábriš, Tomáš (referee)
Legal regulation of natural persons in the General Civil Code and in the current Civil Code Abstract This dissertation thesis compares the legal regulation of natural persons in the Civil Code of Austria (ABGB) which was enacted in 1811 and the Czech Civil Code from 2012, especially the regulation of the so-called passive status of a person in the legal sense (i.e. legal personality). The authors of the new Civil Code designate as the ideological source of the recodification the draft of the Czechoslovak Civil Code from 1937, which was de facto modern revision of the ABGB, so it is important to take into account the relevant ABGB provisions when interpreting the new Civil Code. It is also important to take into account historical origins of these provisions, while also examining how their interpretation has evolved over time. Austrian legal scientists benefit from the stability of their code when applying private law and can also rely on more than two centuries of doctrinal development and extensive case law. The Czech legal community does not have this advantage, therefore the importance of historical and comparative interpretation of legal norms is increased when they apply specific provisions of the Civil Code. It is therefore necessary to perceive this dissertation thesis as a contribution to the...
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Legal regulation of natural persons in the General Civil Code and in the current Civil Code
Stromšík, Jakub ; Kuklík, Jan (advisor) ; Gábriš, Tomáš (referee) ; Frinta, Ondřej (referee)
Legal regulation of natural persons in the Civil Code of Austria and in the current Civil Code of the Czech Republic Abstract This dissertation thesis brings a comprehensive historical perspective on the development of the concept of a person in the legal sense in the territory of the Czech lands. A great part of the thesis deals with the philosophical definition of this term and examines the natural legal bases of this issue. Emphasis is placed on the comparison of the legal regulation of natural persons in the Civil Code of Austria (ABGB) which was enacted in 1811 and the Czech Civil Code from 2012. The authors of the new Civil Code designate as the ideological source of the recodification the draft of the Czechoslovak Civil Code from 1937, which was de facto modern revision of the ABGB, so it is important to take into account the relevant ABGB provisions when interpreting the new Civil Code. It is also important to take into account the historical origins of these provisions, while also examining how their interpretation has evolved over time. In this dissertation thesis there is also quite a large space devoted to the issue of personality protection. Some of the most important provisions of the new Czech Civil Code and the Civil Code of Austria are again compared. Great attention is paid to the...
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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Protection of personality of the child focused on protection of physical integrity of the child
Záliš, Martin ; Elischer, David (referee)
Protection of personality of the child focused on protection of physical integrity of the child This thesis deals with protection of personality of the child. It is not possible to cover the whole area of the protection of personality of the child, therefore, this diploma thesis focuses on the problems of the protection of physical integrity of the child, compulsory vaccination and corporal punishments. Using the descriptive and analytical method, comparative method and historical method, the aim of this thesis is to analyse and to evaluate the Czech law of protection of personality of the child, especially the protection of physical integrity of the child, to analyse the selected issues of the physical integrity of the child and to predict the further development in this area. Our current legal arrangement is compared with that of Germany and Slovakia. The text is concerned mainly with the protection of physical integrity of the child in the Czech Republic. The diploma thesis is divided into three parts, introduction and ending. For reader's convenience, parts are further divided into chapters and subchapters The first part is focused on the definition primary terms. This part contains a historical sketch of the protection of children focused on Convention on the Rights of the Child [including...
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Protection of personality of the child focused on protection of physical integrity of the child
Záliš, Martin ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Protection of personality of the child focused on protection of physical integrity of the child This thesis deals with protection of personality of the child. It is not possible to cover the whole area of the protection of personality of the child, therefore, this diploma thesis focuses on the problems of the protection of physical integrity of the child, compulsory vaccination and corporal punishments. Using the descriptive and analytical method, comparative method and historical method, the aim of this thesis is to analyse and to evaluate the Czech law of protection of personality of the child, especially the protection of physical integrity of the child, to analyse the selected issues of the physical integrity of the child and to predict the further development in this area. Our current legal arrangement is compared with that of Germany and Slovakia. The text is concerned mainly with the protection of physical integrity of the child in the Czech Republic. The diploma thesis is divided into three parts, introduction and ending. For reader's convenience, parts are further divided into chapters and subchapters The first part is focused on the definition primary terms. This part contains a historical sketch of the protection of children focused on Convention on the Rights of the Child [including...
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Protection of rights of third persons under the Press Act and the Broadcasting Act (reply supplementary statement, supplementary information) and protection of sources
Šonková, Tereza ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The diploma thesis is concerned with specific legal instruments for protection of rights of third persons introduced by the media law in the Czech Republic. The aim is to provide a complex overview of the right to reply, supplementary statement, supplementary information and protection of sources. In order to do so, this thesis introduces the value basis of the legislation, characterizes all these instruments and the conditions under which they might be claimed and describes possible exercise of these rights in court. The thesis is divided into four chapters. The first chapter is focused on the constitutional background of the basic human rights of protection of personality as well as on the freedom of expression, including their legal base in international treaties. This chapter also describes the so-called proportionality test, which is used by the courts in cases where two basic human rights collide with each other. The second chapter deals with the sources for legislation regarding the protection of personality under Czech media law. The most significant rulings of the European Court of Human Rights are introduced in this chapter, i.e. the case of Von Hannover v. Germany and the case of Axel Springer AG v. Germany. This chapter is also concerned with the legislation of the European Union and...
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Private law instruments of environmental protection
Vévoda, Jan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Selected aspects of protection of personality focused on new media
Navrátilová, Pavlína ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The chosen aspects of protection of personality in the focus of the new media The main aim of this thesis is to demonstrate on a scale of a few chosen aspects in which way are the personal rights protected in the environment of the new media and to what extend is this protection really working. In this thesis I describe the traditional institutes of the protection of personality, as well as the new ones, which are applied in the very specific environment of the new media. I show and describe the advantages and the weak points of these institutes on the deliberately chosen aspects Firsty, I dedicate the opening chapters to the protection of personality in general and describe the traditional institutes of the protection of personality. Then I focus on the specificity of the new media as the phenomen a I describe the new media from the legal and sociological point of view. After that I think over the legitimity and need of the cyberspace regulation and the formation of a new legal area. In Chapter Two I describe the most common problems that confronts the protection of personality in the new media environment. On the chosen courts' decision I demonstrate the basic decision making principles of the Czech and European courts when the confrontation of two fundamental rights is needed (the most commonly...
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