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Compensation for damage caused by defective product
Sedláček, Jakub ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
79 Summary This diploma thesis deals with selected aspects of product liability. The main aim of this thesis is to conduct critical analysis of aspects related to the concept of product and its defects. The thesis analyses the legal rules contained in Sec. 2939 - 2942 of Act No. 89/2012 Coll., as amended, in the light of the Council Directive 85/374/EEC of 25 July 1985 on the approximation of laws, regulations and administrative provisions of the member states regarding liability for defective product, which is transposed into Czech law by these provisions. Although product liability has been part of the Czech legal order for more than twenty years, it still contains many unclear or controversial issues which are addressed in this diploma thesis. The thesis takes into account analogous legislation in Austria and Germany. The first part of the thesis describes product liability in a general way allowing to understand its purpose and systematics. The second part is devoted to the analysis of the purpose of Directive 85/374 and defines the consequences stemming from its EU origin, which must be taken into account in the interpretation of domestic legislation. The third part contains an analysis of the notion of product and offers a solution to the disputed issue concerning the subordination of intangible items...
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Liability based on fault and the concept of fault in czech and german law of torts
Lovětínský, Vojtěch ; Elischer, David (advisor) ; Dvořák, Jan (referee)
102 Summary Liability based on Fault and the Concept of Fault in Czech and German Law of Torts The aim of the thesis is an introduction and comparison of the Czech and German law of torts - a branch of law which determines liability for damage caused by breach of a duty imposed by law - in the area of liability based on fault and an introduction and comparison of the concept of fault as one of the conditions for the application of this liability. That the subject is tort law of these two particular countries is not an act of arbitrariness, but it relates to the fact that the new Civil Code of 2012 is significantly inspired by the German system of tort law in the field of liability based on fault. This thesis attempts to provide not only comparison of the Civil Code No. 40/1964 Sb. with the new Civil Code of 2012, but also comparison with the German Civil Code - BGB. The thesis consists of four parts - "The Concept of Law of Torts", "General Conditions of Liability in the basic tort Provisions", "The Concept of fault and its forms" and "Liability based on fault". Every part except the first is subdivided into three chapters. Every chapter deals with one of the civil codes - Civil Code No. 40/1964 Sb., German Civil Code and the new Civil Code of 2012. Part One outlines briefly the concept of tort law and its...
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