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Delictual liability of natural persons within environmental protection
Koulová Marešová, Lucie ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
Delictual liability of natural persons in environmental protection is the topic that represents the intersection of several branches of law. Passing the new penal code brings to criminal law some news in the branch of environmental protection. The purpose of my thesis is to describe the general conditions of delictual liability and then point out to the specifics of the particular types of delicts. The aim of the thesis is also to compare the responsibility for administrative offences and liability for crimes. I divided my thesis into two main parts - the general part and the special part. My thesis contents fourteen chapters, which are dealing with different problems of liability in environmental protection.
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Delictual liability of natural persons within environmental protection
Žejšková, Pavlína ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
Delictual liability of natural persons in the environmental protection I have chosen the subject delictual liability of natural persons in environmental protection for topic of my Master's degree thesis. The first reason why I have opted for this subject is due to the fact the environment is present everywhere and is a resource that needs to be protected as it is necessary to the human kind to survive. The law is one of the most powerful tools that can help protecting the environment. The second reason is that it does allow me to link several other law areas of interest which are administrative, criminal and environmental. The thesis contains three main parts. The first one is mainly dedicated to the legal liability while focusing on the responsibility in the environmental law. Also are mentioned the fundamental principles of the delictual liability in the Constitution. The second part relate to the criminal liability of natural persons in the environmental protection, starting from the basics of the international and European Union law. Further to this I have reviewed the past history in the Czech Republic, with supporting dated examples, showing how effectively the environment has been preserved by the criminal law. I have continued with a review of the current situation of how the environment is being...
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Legal lability in the field od administrative and criminal protection of animals
Hrudičková, Anna ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Due to the comprehensiveness of the topic of animal protection, the thesis focuses on its specific segment - liability in tort in the field of animal protection as individuals. In the diploma thesis the term "animal" is used stricto sensu - it means individuals falling under the term "animal", as defined by the Act No. 246/1992 Coll., on the Protection of Animals Against Cruelty - ie every living vertebrate, except humans, but not the fetus or embryo. The aim of the diploma thesis is to give an explanation of tortious liability in the field of administrative and criminal law in animal protection, to critically evaluate the current legislation, identify problematic areas and suggest possible changes. The secondary goal is to present the basic scope of the primary obligations set by the Act No. 246/1992 Coll., on the Protection of Animals Against Cruelty. The diploma thesis is divided into a total of six chapters, introduced by the introduction and supplemented by the conclusion. The first chapter provides an explanation of the basic concepts that are used in the field of animal protection, such as the term "animal" and similar terms or for example term "welfare". It defines the position of animals in private and public law and presents the subsequent categorizations of animals. The second chapter...
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Damages for Breach of Contractual and Non Contractual Duty in Civil Law
Janoušková, Anežka ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Petrov, Jan (referee)
Damages for Breach of Contractual and Non-Contractual Duty in Civil Law - Abstract The thesis at hand deals with liability for non-performance of a contract and liability in tort. The new Civil Code abandoned the general rule of Sec. 420 of Act No. 40/1964 Coll., which did not distinguish between contractual and non-contractual liability. The new Civil Code thus provides for two different liability regimes depending on whether the wrongdoer and the victim entered into a contract (or similar obligation) or not. While liability in tort is governed by Sec. 2909 and 2910 CC, contractual liability is stipulated in Sec. 2913 CC. The thesis strives to examine this important change in its complexity when emphasis in being put onto the theoretical, comparative and historical context. Firstly, the thesis provides for the basic theoretical background of liability in civil law and looks at the foundations of its division into contract and tort. The author further dives into the topic from a comparative perspective. Given the inspirational sources of the Czech Civil Code, the thesis focuses mainly on German and Austrian approach. The thesis also gives a brief summary of the historical development in the Czech civil law. The main part of the thesis focuses on the relevant provisions, their relationship and conditions for...
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Tortious Liability of a Member of a Statutory Body of a Business Corporation Towards Third Parties
Flídr, Jan ; Pelikánová, Irena (advisor) ; Elischer, David (referee) ; Rozehnal, Aleš (referee)
The dissertation addresses liability borne by members of statutory bodies (directors) for damage caused to third parties (parties not involved in the relevant corporation) where the director commits a tort in discharge of his/her tasks for the corporation, as stipulated under the general provisions of tort law. The dissertation is structured into an introduction, four chapters and a conclusion. The first chapter outlines the foundations for the analysis of directors' liability for torts. In the second chapter, the author tackles the topic of liability that directors bear under civil law for any tortious acts they commit, concluding that directors are liable to compensate any damage caused by a tort committed by them while acting for the relevant corporation. The director's personal liability vis-à-vis the aggrieved party for any tort committed is not prejudiced by the fact that the director committed the tort while performing his/her tasks; this circumstance only means that the tort will be attributed to the legal person, which then is liable for the tort together with the director. The author primarily argues here that the principles governing legal representation are not applicable to torts committed by directors, and the legal consequences of the tort thus cannot be attributed solely to the legal person...
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Damages for Breach of Contractual and Non Contractual Duty in Civil Law
Janoušková, Anežka ; Dvořák, Jan (advisor) ; Elischer, David (referee) ; Petrov, Jan (referee)
Damages for Breach of Contractual and Non-Contractual Duty in Civil Law - Abstract The thesis at hand deals with liability for non-performance of a contract and liability in tort. The new Civil Code abandoned the general rule of Sec. 420 of Act No. 40/1964 Coll., which did not distinguish between contractual and non-contractual liability. The new Civil Code thus provides for two different liability regimes depending on whether the wrongdoer and the victim entered into a contract (or similar obligation) or not. While liability in tort is governed by Sec. 2909 and 2910 CC, contractual liability is stipulated in Sec. 2913 CC. The thesis strives to examine this important change in its complexity when emphasis in being put onto the theoretical, comparative and historical context. Firstly, the thesis provides for the basic theoretical background of liability in civil law and looks at the foundations of its division into contract and tort. The author further dives into the topic from a comparative perspective. Given the inspirational sources of the Czech Civil Code, the thesis focuses mainly on German and Austrian approach. The thesis also gives a brief summary of the historical development in the Czech civil law. The main part of the thesis focuses on the relevant provisions, their relationship and conditions for...
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The liability in the area of animal protection
Křížová, Barbora ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
English abstract This diploma thesis deals with tort liability in the area of animal protection. It summarises international legislation, EU legislation and also the Czech one. At the beginning, it deals with the definition of essential terms such as definition of an animal and its categorisation and introduction into the issue. It provides insight not only into the status of animal in public law but also into its status in private law. Subsequently, it analyses liability, its elemental features and classification. Afterwards, is describes important international treaties, including the conventions of the Council of Europe. At the EU level, discusses primary legislation, secondary legislation and conceptual tools. The part of the thesis which concerns Czech law focuses on the Act no. 246/1992 Coll., on protection of animals against cruelty, where it emphasises on administrative offences concerning this area. Also mentioned are some other acts regarding the animal protection. In conclusion, it does not forget to define crimes in the area of animal protection and against animals and subsequent sanctions.
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Delictual liability of natural persons within environmental protection
Žejšková, Pavlína ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
Delictual liability of natural persons in the environmental protection I have chosen the subject delictual liability of natural persons in environmental protection for topic of my Master's degree thesis. The first reason why I have opted for this subject is due to the fact the environment is present everywhere and is a resource that needs to be protected as it is necessary to the human kind to survive. The law is one of the most powerful tools that can help protecting the environment. The second reason is that it does allow me to link several other law areas of interest which are administrative, criminal and environmental. The thesis contains three main parts. The first one is mainly dedicated to the legal liability while focusing on the responsibility in the environmental law. Also are mentioned the fundamental principles of the delictual liability in the Constitution. The second part relate to the criminal liability of natural persons in the environmental protection, starting from the basics of the international and European Union law. Further to this I have reviewed the past history in the Czech Republic, with supporting dated examples, showing how effectively the environment has been preserved by the criminal law. I have continued with a review of the current situation of how the environment is being...
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Delictual liability of natural persons within environmental protection
Koulová Marešová, Lucie ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
Delictual liability of natural persons in environmental protection is the topic that represents the intersection of several branches of law. Passing the new penal code brings to criminal law some news in the branch of environmental protection. The purpose of my thesis is to describe the general conditions of delictual liability and then point out to the specifics of the particular types of delicts. The aim of the thesis is also to compare the responsibility for administrative offences and liability for crimes. I divided my thesis into two main parts - the general part and the special part. My thesis contents fourteen chapters, which are dealing with different problems of liability in environmental protection.
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