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The relationship between liability for damage and liability for defects
Valachovičová, Petra ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Résumé My diploma is focused on mutual relationship between the title from liability for damage and the title from liability for defect. Firstly, I tried to explain every institute separately and in the end of my work I dealt with their interrelation. In the first Chapter I outline a picture of civil liability in the level of juristic theory and I bring a view on the origin and content of civil liability. In this Chapter I point out that the understanding of the term of civil liability is non-uniform, which leads to serious opinion fragmentation. One of the main tasks of the legal order is to ensure the protection of the society and individual from the conception of damage with the aid of legal rules together with coercive state authority. It means that the protection of their health, property, as well as nature and the environment should be provided. Legal order realizes this task through the prevention of damage conception, what was the object of the second Chapter. I place emphasis on general and special prevention and I clarify in what they vest. General duty prevention imposes to everybody to act so, that no damage to health, property, nature or the environment will happen. Subsequently, special duty prevention imposes to the person, who possesses the risk of damage, to act within the context of its...
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The relationship between liability for damage and liability for defects
Valachovičová, Petra ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
Résumé My diploma is focused on mutual relationship between the title from liability for damage and the title from liability for defect. Firstly, I tried to explain every institute separately and in the end of my work I dealt with their interrelation. In the first Chapter I outline a picture of civil liability in the level of juristic theory and I bring a view on the origin and content of civil liability. In this Chapter I point out that the understanding of the term of civil liability is non-uniform, which leads to serious opinion fragmentation. One of the main tasks of the legal order is to ensure the protection of the society and individual from the conception of damage with the aid of legal rules together with coercive state authority. It means that the protection of their health, property, as well as nature and the environment should be provided. Legal order realizes this task through the prevention of damage conception, what was the object of the second Chapter. I place emphasis on general and special prevention and I clarify in what they vest. General duty prevention imposes to everybody to act so, that no damage to health, property, nature or the environment will happen. Subsequently, special duty prevention imposes to the person, who possesses the risk of damage, to act within the context of its...
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