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Risk Management inside Construction Company
Resl, Jan ; Chval, Petr (referee) ; Nováková, Jana (advisor)
The aim of the thesis is to analyse issues of risk management in a construction company, especially in the context of construction contracts implementation. The first part is devoted to applied terminology and interpretation of relevant terms, followed by a classification of risks from different perspectives, including the risks’ possible further sub classification. Furthermore, significant risk resources and construction participants who might be affected by the risks are presented. The third chapter deals with risk management; individual phases of this complex process are described herein, including their correct sequences, as well as a selection of methods and techniques that are standardly used in risk management. The last, fourth chapter summarises the problems of risk management on a practical example, where a construction company implements a construction contract by applying selected risk management methodologies.
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Loss of chance in Czech and English law
Friš, Michal ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Loss of chance in Czech and English law Abstract This thesis focuses on the issue of the loss of chance doctrine. This doctrine enters the field of liability by creating a new type of loss. This new type of harm consists of the lost chance for a better outcome instead of the outcome itself. This thesis analyses English law and Czech law approaches to the loss of chance doctrine with main focus on the area of healthcare law. The thesis provides the reader also with the circumstances which formulate the relationship of both English and Czech courts to this doctrine and its use in the area of healthcare law. Both approaches to the loss of chance doctrine are also compared. In this thesis analytical, research and comparative methods are used in order to provide a complex analysis of the issue and in order to answer the question of the possibility of using the loss of chance doctrine. Main focus is on the question of the use of the loss of chance doctrine within Czech law. The reached conclusion is that the doctrine can and should be used by Czech courts. This conclusion is supported by the interpretation of relevant Czech statute and by the argumentation based on the values of law and on the purpose of law. Within a debate the opinions towards the doctrine contained in the relevant caselaw and academic writings...
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Duty to provide compensation for harm in housing law
Janderová, Kateřina ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Thesis titled Duty to provide compensation for harm in housing law focuses primarily on the concept of legal and contractual duty to provide compensation for harm under Act No. 89/2012 Coll., The Civil Code, in selected areas of housing law. The first chapter of the thesis is devoted to the introduction to the current terminology, including comparison with previous legislation. This chapter also outlines the evolution of housing law and the interaction of the basic institutes, which are further mingled with particular sectors of housing law. The second chapter concerns the issue of legal and contractual duty to provide compensation for harm in the area of housing co-ownership, with an emphasis on the issue of the purchase contract. The third chapter initially outlines the theoretical issue of housing co-ownership, including theoretical concepts emerging in the first chapter, followed by comparison of housing co-ownership in Russia. Furthermore, this chapter deals both with the topic of house management in ideal co-ownership and the institute of pre-emptive law. The third chapter is followed by a chapter devoted to a special institute of housing co- ownership, the Unit Owners Association. In addition to the Unit Owners Association, this chapter also includes housing cooperatives. The legal and...
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The Elements of Liability for Damage under Civil Law
Novák, David ; Dvořák, Jan (advisor) ; Doležal, Tomáš (referee) ; Frinta, Ondřej (referee)
1 Abstract The objective of this thesis is to analyse the liability in civil law, mainly from the prospective of individual preconditions that together result in such liability for inflicted harm. The text is divided into nine parts including introduction and conclusion. The first part comprises the analysis of the legal term of liability from the prospective of existing theoretical concepts, then the approach as set forth under Act no. 89/2012 Sb, Civil Code, as amended (hereinafter referred to as "Civil Code") and the author's own approach is presented at the end of this part. The next part discusses in details the preconditions of liability for harm and then the sets of preconditions that together result in such liability are analysed. The author calls these sets as liability systems, as they are actually a variant of the objective and subjective liability. A separate chapter is dedicated to the objective liability. A separate chapter is also dedicated to the division of types of liabilities such as for defects, harm, default, etc., as this is crucial for the discussed topic. Next parts focus on individual preconditions for liability for harm, namely on violating legal obligations and relevant damage, harm, causality and fault as on the precondition typical for subjective liability, i.e. liability for...
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Liability for damage to the environment
Humlíčková, Petra ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee) ; Smolek, Martin (referee)
The environmental damage harms or threatens the two groups of interests - public and private. Both types of interests are often damaged by one event. The tort law and public liability including their financial security are therefore functionally interconnected systems, which sometimes overlap. They do not contradict but usefully complement each other. At the international level, there are several treaties governing the liability for transboundary pollution. Only one convention is legally binding and used in practice - CLC liability for oil transportation by sea, conventions on liability for nuclear damage are binding but were never used in practice. All these conventions use the classical scheme of tort law. They apply only to accidents. The liability is always objective with defences (natural phenomenon, force majeure, conduct of a third party). The liable party is always channelled to easily identifiable subject. In the case of multiple liable parties, they are liable jointly and severally. Damage must be quantifiable in money and the amount must be proved by the victim. In the case of harm to the environment, the damage is derived from the costs for reasonable preventive and corrective measures. The compensation for losses is necessary to apply in a certain period of time. These periods are...
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Legal Aspects of Removing environmental Damages
Niklas, Jaroslav ; Drobník, Jaroslav (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
A widespread occurrence of the former ecological damages and contaminated locations in the Czech Republic has been a rudiment of more than 60 years of non-democratic regimes in 1938-1989. Then, the preserving of nature and handling of harmful substances for industrial and other purposes was at a very low level. A systematic removal of these detriments of the past extended after democratisation in1990. The Czech State has taken on the responsibility for removing some of these damages, especially as a part of privatization. This has been a long-term, risky and legally demanding enterprise. A unified, co-ordinated approach to the matter at a national level has not been established yet, despite of the enormous budget. Moreover, some of the issues have not been addressed at all. Such a situation requires an immediate action since the public health has been put at risk either because of a direct contact with harmful substances or due to the groundwater contamination. Time-wise, the legal commitment of the State regarding the budgeting for decontamination of the former ecological damages of the privatized assets has not been limited. The process has been continuing for 19 years and its proceeding depends on the State assets' privatization timeframe and termination. It has been a legal obligation of the...
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Risk Management inside Construction Company
Resl, Jan ; Chval, Petr (referee) ; Nováková, Jana (advisor)
The aim of the thesis is to analyse issues of risk management in a construction company, especially in the context of construction contracts implementation. The first part is devoted to applied terminology and interpretation of relevant terms, followed by a classification of risks from different perspectives, including the risks’ possible further sub classification. Furthermore, significant risk resources and construction participants who might be affected by the risks are presented. The third chapter deals with risk management; individual phases of this complex process are described herein, including their correct sequences, as well as a selection of methods and techniques that are standardly used in risk management. The last, fourth chapter summarises the problems of risk management on a practical example, where a construction company implements a construction contract by applying selected risk management methodologies.
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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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Psychological manipulation in interpersonal relationships
ŠVACHOVÁ, Alena
This work addresses psychological manipulation, which influences interpersonal relationships in negative way. The work consists of three main chapters. The first chapter offers basic information about the phenomenon of psychological manipulation in interpersonal relationships and introduces the reader to its history, the definition of the term and the classification of manipulations. The second chapter is focused on the personality of the psychological manipulator; it is the crucial part of the work. The third and at the same time last chapter is concerned with the possibilities of defence against manipulative conduct. Psychological manipulation appears in any social environment and in many cases it is hard to recognize. Therefore it is necessary to realize what kind of weapons and strategy psychological manipulators use and how can one defend himself against their psychological pressure.
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