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Employee's liability for damage caused to the employer
Volková, Petra ; Štangová, Věra (referee) ; Brádlerová, Libuše (referee)
Employee's liability for damage caused to the employer Abstract My rigorosum thesis deals with the issue of "Employee's liability for damage caused to the employer". My main motivation to choose this topic is to the fact because it is connected with every individual of working age, exactlier said - with every employee. Legal regulation of employee's liability for damage caused to the employer undoubtedly belongs to the most important areas of labour law. The above mentioned issue is highly topical. The high topicality is presented by a high number of judicial decisions of courts of all instances. It is clear that not only in the judicial decisions of general courts but also in the judicial decisions of the Supreme Court of the Czech Republic dealing with the employee's liability for damage caused to the employer is increasing. In my rigorosum thesis I focus first and foremost on the analysis of legal regulation of employee's liability for damage caused to the employer as well as on the closest legal matter connected with the main issue of this rigorosum thesis. I also deal with the matter of application of the legal regulation in legal practice mostly based on judicial decisions of the general courts of all instances as well as judicial decisions of the Supreme Court of the Czech Republic. I analyse the...
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Basics of liability for damage in civil law
Věžníková, Tereza ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis entitled "Basics of liability for damage in civil law" examines general legislative, regulations and principles of damage liability. It focuses mainly on the comparison between the ways this issue is treated in the Act No. 40/1964 Coll., the old Civil Code, and the current one No. 89/2012 Coll. Where appropriate, comparison is also made to civil liability in the Dutch Civil Code. The concept of the thesis is based on the essential regulations of the above- mentioned Civil Codes. One of my aims was to identify and explain the basic issues of liability for damage including possibilities of both damage prevention and conditions of damages. The question of damage prevention can be considered the most important part of civil liability for damage, as only with the complete knowledge of legal regulations and judicial practice can it be interpreted and put into practice without any complications. The thesis consists of four main parts, each of which is further divided into more detailed subsections. The central parts concentrate on some of the questions the acceptance of the new Civil Code has brought and on the essential reforms that have consequently been carried out, where the institute of liability for damage is only little subsection. The first part "General explanation of civil liability and...
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Liability for damage of the employee caused to the employer
Honzík, Petr ; Štangová, Věra (advisor) ; Brádlerová, Libuše (referee)
Thesis is engaged in labour-law issues of the legal relation between employee and employer in the field of the liability for damage. The thesis is divided in four chapters: the first chapter is engaged in theoretical questions of the labour-law relation and its Czech as well as Euro- pean specificities. The following chapter describes the theory of the labour-law liability and the third chapter is engaged in liability for damage itself. The last chapter develops detailed the topic of the thesis: the liability for damage of the employee caused to the employer in the light of the actual judgments of Czech labour-law courts of justice. The thesis is also engaged in theoretical issues related to the essential principles of labour-law liability as an important element of the labour-law relation de lege lata as well as de lege fer- enda. KEYWORDS employee, employer, liability for damage
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Liability for damage caused by unlawful decisions or maladministration
Košťálová, Jana ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Liability for damage caused by unlawful decision or maladministration The concept of liability for damage is one of the basic institutions of private and public law. Civil liability for damage provides protection for property and personal relations of natural persons and legal entities. Liability for damage is formed by a fulfilment of conditions stipulated by law. The aim of this liability is to eliminate the consequences of breaking the law and to prevent the occurrence of damage through pre-emption. As a topic of my thesis, I have chosen the specific case of civil liability which is the liability for damage caused by unlawful decision or maladministration. I will specifically focus on the liability of the state for damages caused by execution of public authority, where the state acts as a public entity in a legal relationship. The aim of state liabilty caused by execution of public authority is to provide legal certainty to parties in a legal relationship. If damage is caused as per the conditions defined by law, the aim of state liability for damage i salso remove any unwanted consequences of breaking law. Last but not the least, the function of state liability for damage caused by execution of public authority is to prevent the damages in the first place. In my thesis I provide a comprehensive...
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Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
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Damage compensation in cross-border cases focused on sport injuries
Stránská, Kateřina ; Pauknerová, Monika (advisor) ; Kunz, Oto (referee) ; Poláček, Bohumil (referee)
The dissertation deals with the relationship between sport and the law, in conjunction with private international law. For more than a century sport passed through an important period of development. Many sports have been successfully forgotten, some have survived, and many can be included as the new sports with a tradition of several years or decades. Legal theory and legal practice so far took no particular need to take the issue of sports opinion. Sport is an objectively existing category in nature regardless the law. However, questions regularly associated with sports injuries and their resulting consequences emerged. The growing need for legal regulation of sport industry is primarily related to risks that sports bring to their surroundings and also to athletes. In the foreground there is the application of civil law, which affects compensation for damage to health and sports injuries. Clear solution has not been found to this day. The main goal of this thesis is to evaluate the current state winter sports legislation with an emphasis on skiing. The main topic of the dissertation is responsibility for damages in connection with ski injuries. Another objective is a certain attempt to process selected issues of mutual relations between sport and the law with a particular focus on the comparison...
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Liability for a damage in the practise of the courts
Gergeľová, Zuzana ; Drápal, Ljubomír (advisor) ; Pichrt, Jan (referee)
Liability for a damage in the practise of the courts: The aim of the thesis is to analyse liability for damage in the Czech labour law with an emphasis on the case law. The thesis contains examination of various aspects of liability for a damage in the labour law with the highlight on a practice of the courts. There are five chapters included in the thesis. The first one begins with the general conception of the liability in the Czech law. The liability for damage with the specification of its basis is described next. The next part points out that there are basically two kinds of the liability for damage: the liability of an employee and the liability of an employer. The ending of the first chapter is dealing with the significance of the case law in the continental Europe system, particularly in the Czech law. The second chapter characterises the liability for a damage of an employee. The General liability of an employee with a detail analysis of the basis of the liability, which can be found through the whole thesis, is presented firstly. In the next part focuses on the basic requirements for the formation of the distinctive liabilities for a damage, the Liability for a shortfall in things entrusted to an employee and the Liability for a loss of the things entrusted to an employee. The last part of...
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Civil law aspects of health protection
Vopěnková, Zdenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The subject of this paper is the civil law aspects of health protection. The aim of the thesis is to analyse the relevant law concerning the topic and compare it to regulation suggested in the new civil code. Considering the breadth of the topic, the thesis does not deal with all aspects of this issue but just focuses on some of the most debatable questions. Not only the current law and related literature is considered, but a particular emphasis is also put on related case law. In some parts the paper also takes into consideration the fundamental masterpiece of European tort doctrine - Principles of European Tort Law (PETL). The thesis is composed of five chapters, each of them dealing with different aspects of the topic. Chapter One provides an outline of relevant Czech and international law. Chapter Two analyses the concept of right to health protection as a part of personality protection and deals with its object, content and subjects. Chapter three is devoted to the unlawful infringement of the right to health protection and its consequences. Chapter Four focuses on civil law responsibility for unlawful infringement and on the circumstances which are necessary for the responsibility for injury to health to arise and also on the subjects to this responsibilty. This chapter also includes problems...
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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The main principles of liability for damage in civil law
Nevláčilová, Lucia ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
1 This Master's degree thesis entitled "The main principles of liability for damage in civil law" is concerned with the general matters and principles of the legal regulation of liability for damage. The purpose of this study is to apprise the readers of the main principles of liability for damage, to explain the existing legal regulation of this institute and to point out to the extensive judicial practice in this legal area, which supplements the effective legal regulation in a considerable extent. The thesis focuses on the legal regulation of liability for damage contained in Act No. 40/1964 Coll., the Civil Code, and doesn't deal with the different legal regulation of liability for damage, which is included in the Commercial Code or in the Labour Code. In the present-day society causing harms is practically a day-to-day part of our lives. On the basis of this fact the institute of liability for damage is a frequently occurring, broad and interesting area of law. This is also the reason, why I chose this topic and why I want to clarify it to the readers. This thesis is composed of seven chapters, which focus on the most important issues concerned with liability for damage. The first chapter contains an explanation of the term of liability for damage and a general explanation of the legal regulation of...
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