National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
A pain and suffering as a basic personal injury claim
Felix, Vojtěch ; Šustek, Petr (advisor) ; Salač, Josef (referee)
[A pain and suffering as a basic personal injury claim] Abstract The thesis deals with the topic of compensation for pain and suffering as a basic claim for personal injury under Section 2958 of Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to form a basic overview of the examined issue in the Czech Republic and England and their subsequent critical comparison. This thesis is divided into five separate chapters, each dealing with a different part of the issue of pain and suffering from the perspective of Czech and English legislation. In the first chapter, the author discusses important elements and institutes of the previous legal regulation of pain and suffering, especially with regard to their relationship and influence on the current regulation of compensation for pain and suffering under the Civil Code. The author pays special attention to the Decree of the Ministry of Health No. 440/2001 Coll., on compensation for pain and hardship of social employment. The second chapter of the thesis is devoted to individual claims that victims are entitled to claim in the compared legal systems. Within this chapter, the author further focuses on the strengths and weaknesses of the concepts of compensation for non-pecuniary personal injury as a single claim and as a system of partial claims. The third...
Compensation for immaterial damages in the Czech Republic and Germany
Vítková, Klára ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
This thesis deals with compensation for immaterial damages in the Czech Republic and Germany with focus on personal injuries and a specific question of wrongful birth and wrongful life actions. Its aim is to describe the differences between both legislations. In the first part my work is concerned with a theoretical analysis of the conditions of damage liability in the tort law in both countries. The second chapter follows up with the definition of material and immaterial damages and the way and extent of their compensation. The third one is concentrated directly on personal injuries, it introduces the term and the range of persons entitled to a compensation and it analyses the way and extent of the compensation for personal injuries (above all the damages for pain and suffering) in the Czech Republic and Germany, with specific emphasis on the Methodology of the Czech Supreme Court on the compensation for immaterial damages in case of personal injuries. The fourth chapter is focused on an ethical and legally complicated question of wrongful birth and wrongful life actions.

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