|
|
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...
|
|
|
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...
|
|
|
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...
|
guest ::
