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Prevention Duty in Sports Activities
Řezníček, Petr ; Elischer, David (advisor) ; Salač, Josef (referee)
Prevention Duty in Sports Activities This rigorous thesis deals with the relation between prevention duty and sports activities, in which at least one of the subjects of the sports-legal relation is an athlete in the position of a potential lawbreaker or potential injured. The aim of this thesis is to analyse questions related to a legal assessment of liability during sports activities via preventive duties listed in the Civil Code with emphasis on the standard of optimum care. The use of a method of observation, induction and deduction prevails in the work in addition to the analysis mentioned above. Fulfilment of the aim of the thesis is also supported by a method of description and explanation. A method of critical analysis and comparison is mainly used in case law. The thesis is divided into four parts in terms of concept. First of all, a definition of general relations between sport and law is the subject of the first part of the thesis. In the second part of the thesis dealing with the issue of preventive duty of athletes and other persons participating in sports activities, the conclusion that the general preventive duty is a very important rule for assessment of sports- legal cases is given. Its interpretation offers several application limits, of which the most important during sports...
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Public law context of ownership of a dog
Putík, Miroslav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
A dog owner does not only have rights, but also (and mainly) a lot of obligations. One of the aims of this work was to look at different areas concerning the ownership (holding) of a dog in relation to the actual public law regulations. Particular chapters reflect possible life situations, which have (especially from a point of view of public law) an effect on coexistence with a dog and (often negative) the impact (penalties) for a dog holder. Thematic areas are addressed, for example, purchasing a dog, his vaccination and other health and life conditions, the possibility of shortening a tail or ears, the admissible conditions and methods that permit the killing of a dog or the conditions and ways to bury a dog. Further mention is made of the possibilities of travelling with a dog (and also abroad), also described are the law regulations of dog fees and the generally binding ordinances of municipalities. Deeper consideration was essential in respect of the areas concerning misdemeanours and criminal offences, which can be commited both on a dog and by a dog (incl. veterinarian demands or animal cruelty). There are follow-up chapters concerning liability for damage and compensation for damage. A part of the work is dedicated to breed specific legislation concerning breeding some (so called "fighting" or...
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International law aspects of tort liability on the internet
Vondřich, Lukáš ; Pauknerová, Monika (advisor) ; Poláček, Bohumil (referee) ; Kunz, Oto (referee)
The technological development of recent years has brought not only new forms of electronic communication and social phenomena, but also a number of legal questions. As the internet creates a parallel cyberspace, a number of traditional legal rules have been called into question, including the rules for determination of court jurisdiction and governing law. This area is discussed in this dissertation thesis. The goal of this thesis is to identify problematic moments of interpretation and application of existing rules of private international law in the context of cross- border delicts on the internet and to find suitable solutions if they exist. Regarding methodology, this thesis uses the analytical approach, in particular in relation to case law and legal regulations. It is complemented by the comparative method, regarding evolution in time and regarding various legal cultures. The first chapter deals with the phenomena of digital information, the internet and the related philosophical or social areas, such as virtuality or cyberspace. The second chapter deals with legal regulation of the internet, censorship and the special position of certain providers of information services. In the third chapter there are defined the concepts of delict and delictual liability, with emphasis of this institute in...
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The Internet and Private International Law
Holub, Martin ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The main focus of the thesis is the issue of determining jurisdiction in matters of tort, delict or quasi-delict with regard to the internet. The author finds that the general rules of determining jurisdiction are suitable for use even in disputes arising with connection to the internet. However, strict application of the aforementioned rules would lead to undesirable results. Therefore it is necessary to construe the general rules in such a way that takes into account the unique characteristics of the internet environment. Given the fact that courts are mainly responsible for the interpretation and application of the general rules, significant decisions of European and American courts are thoroughly analyzed. Even though the main focus of the thesis are the decisions of the courts, recent findings of jurisprudence and recommendations of the international bodies are taken into account as well. In the opening chapters, the unique characteristics of the internet and basic rules for determining the special jurisdiction are presented. Although the issue of determining jurisdiction in contracts is also mentioned in chapter 3, this topic exceeds the scope of this work and is discussed mainly in connection with the "targeting" criterion, which is also significant for out of contract issues. Chapters 4 and...
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Cross-border aspects of torts in cyberspace
Kučera, Zdeněk ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Ondřej, Jan (referee)
Cyberspace today represents an essential part of society. Its existence has launched a new phenomenon - "virtual reality" - in which similar interactions as in the real world occur. Since the effects of these virtual interactions affect all areas of human existence, as well as relationships in the real world, they must be subject to legal regulation. To be part of cyberspace, especially its most important part - the Internet, means the option to enter into legal relationships with entities regardless of their territorial restrictions. Therefore, these issues must be subject to special attention. In legal science, solutions of such cases fall under specific areas such as in matters relating to civil law into private international law. This dissertation thesis focuses primarily on exploring institutes of private international law within the virtual environment, particularly issues of jurisdiction and law applicable to torts that arise in cyberspace. The goal of this work is to answer the question of whether current standards of private international law are applicable in cyberspace - and what problems may arise in their practical applications. Emphasis is given to the standards applicable in the Czech Republic.
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Issues of criminal liability of legal entities
Hudáková, Jana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.
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Liability for Damage Caused by a Defective Product
Šťovíček, Petr ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
Dissertation Thesis Abstract - Liability for Damage Caused by A Defective Product JUDr. Petr Šťovíček The subject-matter of the dissertation thesis is the relationship of legal liability for damage inflicted upon a consumer by a defective product. The paper describes the statutory definition of the relationship, in particular, without limitation, the preconditions to the establishment of liability of the individual entities on the part of entrepreneurs participating in all phases of the product distribution from the moment of its manufacturing, or, as the case may be, it import to the Czech Republic, to the moment of its sale to the end consumer; limits of the liability and possibilities through which the consumer may claim compensation of the caused damage. The first part of the paper focuses on the above mentioned issued of general legal regulation applicable to liability, its historical development and types; it has a rather generally descriptive nature. Special civil law regulation of liability is provided for also in a number of special Acts, in particular in Act No. 59/1998 Coll., on Liability for Damage Caused by A Product Defect. The second part of the thesis provides an outline of the legal regulation covering the sphere of consumer protection with respect to liability relationships incurring in...
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Contractual and non-contractual liability to damages (a comparison with foreign legislation)
Černý, Štěpán ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Contractual and non-contractual liability to damages (a comparison with foreign legislation) In theory tort and contractual liability might seem to draw clear boundaries. The first one arises from breach of contract whereas tort being unrelated to any contractual obligation. However it is known that some legal systems, like the Czech law, do not differentiate between them and do not provide them with different rules. Does it only mean the differentiation is useless in these legal systems or does it suggest that there might be no reasonable grounds for distinction in other legal systems? How do tort and contractual liability differ? Differences have to be weighed when area between tort and contract is considered. They are of significance when it comes to possibility or impossibility of choice in case of concurrence of tort and contract and they are important for liability to third parties of a contract. I researched following legal systems: Czech law, German law, French law, Spanish law and Italian law. In each of them I examined these areas: contractual liability, liability to third party, tort liability, liability for behaviour contrary to bonos mores, and selected elements of tort liability with some remarks to some special rules for contractual liability: wrongfulness, fault, causation, damage and its...
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Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic.
Mikuš, Michal ; Vanduchová, Marie (advisor) ; Hořák, Jaromír (referee)
Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic. Master's Thesis Michal Mikuš Summary. This thesis makes survey on a punishing adequacy of traffic offences committed under influence of alcohol and the other addictive substances. The theoretical basis, that knowledge is necessary prerequisite for reviewing punishing adequacy, like theories of punishment, purpose of punishment and a principle of adequacy, are in the theoretical part of the thesis. In the special part of the thesis is comparison of valid and effective law in the Czech and Slovak Republic. The practical part of the thesis is composed of an analysis of decisions delivered by the County Traffic Inspectorate Banská Bystrica, County Traffic Inspectorate Bratislava I., Banská Bystrica County Court, Bratislava I. County Court, City Hall of Zlín, City Hall of Prague, Zlín County Court and the Prague 2 Circuit Court. The analysis is composed not only of punishment adequacy review, but also of the all substantive and procedural deficiencies, that occurred in the decisions of particular state's body. At the end is provided comparison of analysis outcomes, which stemmed from decisions of national...
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Obligations arising from torts
Chyba, Petr ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The bachelor thesis is about obligations arising from torts according to the contemporary legislation in the Civil Code. This thesis deals with tortious liability in civil law and the aim of the thesis is to analyse this legal institute. The bachelor thesis serves coherent summary of particular aspects of tortious liability. The thesis is divided into five chapters. The first chapter deals with general liability from the view of the theory of law, theoretical conception of liability in civil law and prevention of damage in civil law. The second chapter is dedicated to formation of duty to provide compensation for damage, especially to particular elements of tortious liability and then to defences. The third chapter is focused on general liability in tort, entities with duty to provide compensation for damage, manner and extent of compensation for harm to assets and non-pecuniary harm. The fourth chapter describes cases of special tortious liability. The fifth chapter is dedicated to compensation for harm to the natural rights of an individual, especially to compensation for bodily harm and death.
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