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Legal regulation of natural persons in the General Civil Code and in the current Civil Code
Stromšík, Jakub ; Kuklík, Jan (advisor) ; Gábriš, Tomáš (referee) ; Frinta, Ondřej (referee)
Legal regulation of natural persons in the Civil Code of Austria and in the current Civil Code of the Czech Republic Abstract This dissertation thesis brings a comprehensive historical perspective on the development of the concept of a person in the legal sense in the territory of the Czech lands. A great part of the thesis deals with the philosophical definition of this term and examines the natural legal bases of this issue. Emphasis is placed on the comparison of the legal regulation of natural persons in the Civil Code of Austria (ABGB) which was enacted in 1811 and the Czech Civil Code from 2012. The authors of the new Civil Code designate as the ideological source of the recodification the draft of the Czechoslovak Civil Code from 1937, which was de facto modern revision of the ABGB, so it is important to take into account the relevant ABGB provisions when interpreting the new Civil Code. It is also important to take into account the historical origins of these provisions, while also examining how their interpretation has evolved over time. In this dissertation thesis there is also quite a large space devoted to the issue of personality protection. Some of the most important provisions of the new Czech Civil Code and the Civil Code of Austria are again compared. Great attention is paid to the...
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Artificial intelligence and liability for its actions
Urban, Martin ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Thesis title: Artificial intelligence and liability for its actions The artificial intelligence has recently become a ubiquitous phenomenon with a potential to change the world as we know it. Therefore, this thesis is concerned with the topic of artificial intelligence, specifically with a connection to a civil-law liability for its actions. It is absolutely clear that there will be more and more events in the future where damage will occur due to actions of artificial intelligence. Thus, the primary goal of this thesis is the determination of the person liable for damage caused in such cases under Czech law. Further goals of this thesis are an analysis of the question how is the dawn of autonomous cars influencing the legal instrument of liability for the damage caused by the operation of a means of transport as well as an introduction and examination of a recent resolution of the European Parliament which is supposed to serve as a basis for a future legal framework addressing the artificial intelligence in the area of the European Union. First, the paper focuses on the definition of the term artificial intelligence from a technical and legal viewpoint. This analysis shows that the definition of this term is not a straightforward one from neither of these viewpoints which can have serious...
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Compulsory Contractual Insurance
Tobiáš, Jan ; Vybíral, Roman (advisor) ; Karfíková, Marie (referee)
Compulsory Contractual Insurance Abstract The subject of this diploma thesis is legal regulation of compulsory contractual insurance in the Czech legislation with a focus on its general regulation in civil law. The special regulation of compulsory liability insurance for lawyers, health service providers and the insurance of a guarantee in case of bankruptcy of the travel agency is also called for. The methods of description, analysis and, to a lesser extent, comparisons are used to fulfil the objectives of this work. The first chapter deals with the concept of compulsory contractual insurance. It includes a historical excursion. The largest part of the chapter describes the types of compulsory insurance and their distinction from voluntary and statutory insurance. The conclusion of this section is a preview of the legislation on compulsory contractual insurance in selected countries. The second chapter focuses on the description and analysis of the current legislation on compulsory insurance. At the beginning of the chapter, a description of the general regulation of the insurance contract, its subjects and form are made. The largest part of the chapter is devoted to the analysis of provisions that represent the general basis for compulsory contractual insurance. Introduced are partial changes made by the...
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Liability for Damage and Compensation for Damage in Labour Law
OBORNÍKOVÁ, Barbora
This thesis deals with an employer´s and employee´s liability for damage and with different rights and obligations determined for each participant of labour law relations. At first different types of liability were described, as well as the matter of safety at workplace and prevention, specifically with the help of the Labour Code. This theoretical and legislative basis have been compared to the everyday reality in existing companies. Then I found out, how effective the system of prevention in companies is and how it shows its ability to reduce the amount of cases of damage compensation.
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Legal Aspects of Liability Insurance for Damage Caused by Operation of Vehicle
Vykoukalová, Kateřina ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The aim of this work entitled as "Legal Aspects of Liability Insurance for Damage Caused by Operation of Vehicle" is a description, analysis and evaluation of this type of obligatory contractual insurance in the Czech Republic. The thesis is divided into eight chapters; each of them is designed to describe one topic related to Motor Third-Party Liability Insurance. In addition, the thesis contains an introduction and a final evaluation. The first chapter deals with the historical development of Motor Third-Party Liability Insurance in our country. The second chapter presents a general introduction to the topic of insurance law. The third chapter deals with the term "liability for damage caused by operation of vehicle". The fourth chapter describes statutory regulation of Motor Third-Party Liability Insurance in the Czech Republic. The fifth chapter is based on the author's experience and deals with some of the current problems associated with judicial application of individual claims arising from loss-occur events. The sixth chapter focuses on comparison of obligatory Motor Third-Party Liability Insurance with optional car insurance. The seventh chapter compares the Czech legislation with the Slovak and the British legislation and describes also the most important Directives of European law in this...
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Liability of the governing body of a joint-stock company before and after recodification of private law
Grundman, Vojtěch ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
in English The thesis deals with the liability of the members of statutory authority of a joint-stock company in antecedent legislation and in present legislation. These legislation are compared and their differences are described. Duties of a member of statutory authority (foremost duty of care), whose violation led to commencement of obligation to compensation for damage, are characterized. Specifically the thesis deals with their obligation to pay damages and their liability for damage. These relations are analyzed not only to company itself, but also in relationship to the shareholders and third persons. Thesis contains also research of claiming damages and business judgment rule.
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Legal consequences of a breach of contract in civil law
Antošová, Eliška ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Legal consequences of breach of contract in civil law". The aim of this thesis is especially to analyse the legal consequences of the breach of contract under civil law. The text is divided into six chapters. Each chapter characterizes the particular consequence of the breach of contract. Each chapter also shows main differences and and possible advantages or disadvantages its enactment in the new Civil Code that came into effect on 1st January 2014. The first chapter deals with the pre-contractual liability. This chapter includes description of the pre- contractual negotiation and its main elements recognized within the framework of the Czech legal system. The chapter two analyzes aspects of delay in civil commitments in the law system of the Czech Republic with focus on the consequences a delay may cause. The third chapter explains essential points of the withdrawal from a contract. The fourth chapter describes and analyzes the legal institute of liability for defects, the issues regarding the liability for defect, its impact and also mentions some practical aspects related to it.Chapter five deals with the civil liability for damage. The aim of this chapter is to provide a basic overviewand to clarify crucial aspects of this legal institute. Chapter six...
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Liability of the employee for damage
Máchová, Lucie ; Vysokajová, Margerita (advisor) ; Morávek, Jakub (referee)
Rigorous thesis deals with the employee's liability for damages in the Czech Republic, with regard to the German legislation. At first is defined the general concept of legal liability, followed by a section devoted to employment responsibilities, the next chapter of rigorous thesis is dedicated to the by the interpretation of responsibility for damage in labour law. The principle of damage prevention, assumptions of liability, as well as the definitions of basic terms is also mentioned. The main part of thesis is devoted to analysis of current legislation employee's liability for damage caused to the employer, but is also discussed the main features of the previous legislation. The various types of employee's liability for damages are described in detail, in particular their assumptions and extent of damages, and there is a treatise on the quantification of damages and possibilities of the insurance for damage caused by the professional negligence. In this thesis we can also find the passage devoted to legislation issues examined in the Federal Republic of Germany. In addition the comparison of Czech and German legislation employee's liability for damages thesis offers a comparison of labour and civil liability, as well as the responsibilities of employees compared with the employer's...
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Compensation for damage caused by exercise of public authority and public administration
Varmuža, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Responsibility for damages caused by the execution of public authority and public administration and compensation for such acts is a surprisingly layered issue. When tackling this, it is vital to start with the general discourse, especially with emphasis on the teleological basis of the issue in the legal system as a whole. Only by working in this manner is it possible to address the current unanswered questions that surpass into legal philosophy - mainly the issue of lawmaker's responsibility for the content of his work. This area, together with a brief historical introduction is part of this thesis to ensure its comprehensiveness. The focus of this text lies in the presentation of the institutes found in the Act no. 82/1998 Sb., about the responsibility for damages caused by the execution of public authority and public administration. This issue is addressed comprehensively during the course of this thesis. I try to tackle the conditions for the invocation of the responsibility clauses, its character and the subjects of the relation among others. I also mention various problematic passages found in the Act and possible ways of improvement.
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Hunting and its legislation
Tůmová, Štěpánka ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The diploma thesis concerns the legal regulation of hunting in the Czech Republic. The subject of this thesis is to analyse and critically review of valid and effective legislation. The thesis is divided into 4 main chapters which are further sub-divided into the subchapters. The chapter 3 as a crucial part of the thesis deals with the Act No. 449/2001 Coll., on Hunting, as amended. The thesis is primarily focusing on wild game and its ownership, rights and duties of hunting guards, hunting management and importance of hunting management plan and issues relating to overpopulation of specific types of wild cloven-hoofed game which is connected with a liability for damage caused by game.
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