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Damage in civil law with respect to the punitive aspects of compensation
Hoblíková, Žaneta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Damage in civil law with respect to the punitive aspects of compensation Abstract: Rigorous thesis deals with damage and its replacement with a focus on the punitive aspects of damages. The work is divided into two parts and contains a total of six chapters, which are further specified in the relevant subchapters. The first part of the thesis is devoted to the damage and its replacement in general. The first chapter defines key words such as harm, material damage and non-material damage as understood by current and past Czech civil law, expert literature, or judicial decisions. The second chapter deals with functions of damages. Chapter three presents the main pillars of compensation in the effective civil code. With regard to conceptual and terminological changes brought by recodification it seeks with help of expert literature and past judicial decisions general assumptions of creation the obligation to pay damages. It further specifies the conditions of the recodifications brought by the novelty, which is the possibility of waiving the right to compensation before the occurrence of damage. It also presents the current concept of preventive clauses and confronts it with earlier legal regulation. A separate subchapter is dedicated to circumstances excluding the illegality. In more detail, it deals...
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Material satisfaction of immaterial loss in czech private law
Čuříková, Pavla ; Švestka, Jiří (advisor) ; Salač, Josef (referee) ; Vychopeň, Martin (referee)
Material satisfaction of immaterial loss in Czech private law (summary) The purpose of my thesis is to analyze the moral and material satisfaction in Czech civil law. I wanted to provide a deep interpretation of these institutes which represent an important phenomenon in our time. The importance of protection of personality increased in the 20th century in connection with development of human and personal rights. In last years also according to mass media and global society. My aim was not only to give the interpretation of basic institutes and instruments of protection of personality but also to show more extensive circumstances of this topic, set into relevant judicial cases and European aspects. I quit the part regarding constitutional law which creates a basis for another law adjustment and other basic grounds because I have already dealt with them in my previous dissertations. Chapter one attempts to provide an introduction to the topic of my dissertation giving overview of all chapters. Chapter two and three are denoted to the basic institutions relating to the protection of personality, moral and material satisfaction. They show the meaning of the institutions and also give readers the introduction to these problems. Chapter four provides an important introduction to the history of protection of...
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Punitive aspects of damages (legal and comparative analysis)
Janeček, Václav ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Czech courts regularly deal with a question of so-called just satisfaction; particularly, when, on what basis, and how much should be awarded. Just satisfaction, as a form of damages, is primarily compensatory. However, there are some indications that it is perfectly legitimate for law of damages to pursue also another aims than compensation such as prevention or punishment. This view was recently upheld by the Czech Constitutional Court and the Highest Court of the Czech Republic. According to doctrinal approach, it is the domain of punitive or exemplary damages as a specific Anglo-American instrument that covers these two principles (prevention and punishment). Still, the Czech Civil courts consistently refuse to award exemplary damages albeit they do not provide us any sound argumentation. The author of this article suggests it is inaccurate and only partial understanding of exemplary damages that causes the current judicial refusal of them. While focusing on current English and Czech law, the author in his article describes exemplary damages in great detail with respect to their theoretical, conceptual and systematic position. Subsequently, he shows that the negative attitude of the Czech courts is not always appropriate. First, looking at relevant case law, the article characterises what the...
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The comparison of legal provisions setting down monetary remedies in intellectual property infringement cases
Sedláček, Václav ; Boháček, Martin (advisor) ; Macek, Jiří (referee)
The thesis deals with monetary remedies in intellectual property infringement suits, focusing on industrial property rights. On the background of enacting of the czech Act number 221/2006 Sb. which implements the directive 2004/48/EC of the European parliament and of the Council, the thesis compares these two texts with each other and also with the proposal for the directive KOM(2003) 46 final in their relevant parts. By doing this, it evaluates the directive and the czech act as the directive's implementation. This evaluation represents the secondary aims of the thesis. Comparison, analysis of factual articles and interviews with relevant experts practicising in the area show that by setting the damages as double the "customary" royalties, the czech Act in his § 5 ods. 2 represents a sanction, which confirms the hypothesis of the prevailance of an analogy between the czech provison and the punitive damages in american law. This fact creates scope for the hypothesis of existance of further analogies, the verification of which is the central aim of the thesis. Therefore, the second part of the thesis analyzes american provisions of the United States Code concerning copyright, trademark and patent law, and related caselaw. This is compared both to the directive and the proposal for it, moreover to the czech copyright Act number 121/2000 Sb. and in particular to the czech Act number 221/2006 Sb. The third part supplements the analysis of relevant czech court decisions. The second and third part identify similar and distinct elements of the provisions and reveal analogies in seemingly different institutes. Differences are spotted in the construct used to achieve the punitive function, furthermore between the terms "customary royalty" and "reasonable royalty" and also between the terms "bezdôvodné obohatenie", "infringer's profits" and "unjust enrichment". Conversely, an analogy is identified between the discretionary power of american courts to increase proven damages or determine statutory damages and the czech institute of "primerané zadosťučinenie" (appropriate satisfaction). The prevailance of prohibition of double recovery is another existing analogy between the american and czech law.
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