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Harm to the natural rights of an individual
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Frinta, Ondřej (referee)
Resume Findings collected in this rigorosum thesis confirm that functional and sensitive settings of the universal system of private law, which provides the legal protection of values connected naturally with human being against unlawful attacks, is an essential task for every civilized legal environment because the natural values connected with a human are really important. The text suggests that the conception of this legal protective system consisting of three cohesive components, namely the conception of an object of legal protection, civil liability, a list of protective rights), is shaped by findings, which have their origin in legal theory, written laws and case law. At the beginning of this rigorosum thesis I concentrate my attention on the first component of the legal protective system. Due to the elastic range of legal protection exclusively focused on human being as an individual, and as a person of law in the legal sense, it is allowed to try to achieve protection of all natural values of human being, that in the summary create the most personal, the innermost and the most intimate sphere of human being1 . This type of particular values has either a biological or psychological or sociological character. The substantive definition of the interest which is protected by law, cannot be complete. In...
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Harm to the natural rights of an individual
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Frinta, Ondřej (referee)
Harm to natural rights of an individual Abstract Findings collected in this rigorosum thesis confirm that functional and sensitive settings of the universal system of private law, which provides the legal protection of values connected naturally with human being against unlawful attacks, is an essential task for every civilized legal environment because the natural values connected with a human are really important. The text suggests that the conception of this legal protective system consisting of three cohesive components, namely the conception of an object of legal protection, civil liability, a list of protective rights), is shaped by findings, which have their origin in legal theory, written laws and case law. At the beginning of this rigorosum thesis I concentrate my attention on the first component of the legal protective system. Due to the elastic range of legal protection exclusively focused on human being as an individual, and as a person of law in the legal sense, it is allowed to try to achieve protection of all natural values of human being, that in the summary create the most personal, the innermost and the most intimate sphere of human being1 . This type of particular values has either a biological or psychological or sociological character. The substantive definition of the interest which is...
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Critical comparison ofcompensation schemes for non-pecuniary harmand incurred duplication
Tázler, Jakub ; Zvára, Michael (referee)
1 Critical comparison of compensation schemes for non-pecuniary harm and incurred duplication Abstract The Diploma thesis deals with critical comparison of compensation schemes for non-pecuniary harm and incurred duplication. The aim is to describe how non-pecuniary harm is compensated in case of health-related harm, with particular regard to comparison of schemes according to Civil Code and Labour Code. This description and critical comparison of both schemes leads to reflection, that this incurred duplication is not in accordance with the constitutional values, and that, in the future, changes will be needed, so that this accordance would be achieved. The thesis is divided into six chapters. The first chapter defines basic terms, with whom it tis worked in the text - harm. What is that, when is it compensated, how is it laid down in Civil Code and Labour Code. The second chapter deals with the history and development of compensation for non-pecuniary harm in case of health-related harm. Next chapter describes key document for calculation of the amount of compensation - Supreme Court's methodology and the Government Regulation used for accidents at work. In this chapter there are mentioned two other legislations, Civil service employment Act and Professional soldiers' Act. Chapter "incurred duplication and...
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Non-pecuniary harm and its compensation in judicial practice
Kepková, Pavlína ; Elischer, David (referee)
Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...
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Critical comparison ofcompensation schemes for non-pecuniary harmand incurred duplication
Tázler, Jakub ; Zvára, Michael (referee)
1 Critical comparison of compensation schemes for non-pecuniary harm and incurred duplication Abstract The Diploma thesis deals with critical comparison of compensation schemes for non-pecuniary harm and incurred duplication. The aim is to describe how non-pecuniary harm is compensated in case of health-related harm, with particular regard to comparison of schemes according to Civil Code and Labour Code. This description and critical comparison of both schemes leads to reflection, that this incurred duplication is not in accordance with the constitutional values, and that, in the future, changes will be needed, so that this accordance would be achieved. The thesis is divided into six chapters. The first chapter defines basic terms, with whom it tis worked in the text - harm. What is that, when is it compensated, how is it laid down in Civil Code and Labour Code. The second chapter deals with the history and development of compensation for non-pecuniary harm in case of health-related harm. Next chapter describes key document for calculation of the amount of compensation - Supreme Court's methodology and the Government Regulation used for accidents at work. In this chapter there are mentioned two other legislations, Civil service employment Act and Professional soldiers' Act. Chapter "incurred duplication and...
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Personal injury/damage to life and its indemnification
Anderlová, Soňa ; Elischer, David (advisor) ; Zvára, Michael (referee)
Personal injury / damage to life and its indemnification Abstract This rigorosum thesis deals with compensation for pecuniary and non-pecuniary harm to health or life and its indemnification, while focusing mainly on compensation under the Act No. 89/2012 Sb., The Civil Code. The thesis starts with the historical excursion and the basic assumptions of liability for tort and continues through the description and evaluation of pecuniary and non-pecuniary damage's legislation to health or life in the Civil Code. It includes detailed analysis of individual claims, such as purpose fullcosts with health care, personal care costs of victims and theirs household, funeral costs or costs of maintenance for the survivors, as well as the evaluation of the legal regulation of pecuniary and non-pecuniary harm in the Labor Code and its comparation to the regulation in the Civil Code. This is always accompanied by the decision-making practice of the courts. The thesis is focused mainly on the compensation for pain and deteriorated social position, other pecuniary and non-pecuniary claims of the victim resulting from personal injury and compensation for the claims of person who are close to the victims and the concept of secondary victims and their compensation. The Decree No. 440/2001 Sb., Methodology for compensation...
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Non-pecuniary harm and its compensation in judicial practice
Kepková, Pavlína ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...
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Just satisfaction as an unfair-competition claim
Jakoubek, Michal ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
This diploma thesis deals with the question of an adequate satisfaction as a claim resulting from violator's unfair competition conduct. The thesis is divided into three parts. The aim of the first part is to define general presumptions for the commencement of claim of the adequate satisfaction such as unlawfulness consisting in prohibited unfair competition conduct, injured party's non-pecuniary harm, causal link between violator's unlawful conduct and injured party's non-pecuniary harm and violator's fault. The second part defines persons entitled to claim the adequate satisfaction and persons obliged to meet such a claim. The third part deals with ways in which the adequate satisfaction can be provided and criterions substantial for assessment of the amount of the adequate satisfaction in money. Particular attention is paid to the question of function and purpose of the adequate satisfaction in the unfair competition law framework in particular the question of whether the unfair competition could be designated as a preventive and punitive instrument beside its main purpose of satisfaction of non- material harm suffered by the injured party and whether the function of prevention a sanction could be taken into account in deciding about the amount of the adequate satisfaction in money. The thesis...
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Critical comparison ofcompensation schemes for non-pecuniary harmand incurred duplication
Tázler, Jakub ; Šustek, Petr (advisor) ; Salač, Josef (referee)
1 Critical comparison of compensation schemes for non-pecuniary harm and incurred duplication Abstract The Diploma thesis deals with critical comparison of compensation schemes for non-pecuniary harm and incurred duplication. The aim is to describe how non-pecuniary harm is compensated in case of health-related harm, with particular regard to comparison of schemes according to Civil Code and Labour Code. This description and critical comparison of both schemes leads to reflection, that this incurred duplication is not in accordance with the constitutional values, and that, in the future, changes will be needed, so that this accordance would be achieved. The thesis is divided into six chapters. The first chapter defines basic terms, with whom it tis worked in the text - harm. What is that, when is it compensated, how is it laid down in Civil Code and Labour Code. The second chapter deals with the history and development of compensation for non-pecuniary harm in case of health-related harm. Next chapter describes key document for calculation of the amount of compensation - Supreme Court's methodology and the Government Regulation used for accidents at work. In this chapter there are mentioned two other legislations, Civil service employment Act and Professional soldiers' Act. Chapter "incurred duplication and...
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Harm to the natural rights of an individual
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Frinta, Ondřej (referee)
Harm to natural rights of an individual Abstract Findings collected in this rigorosum thesis confirm that functional and sensitive settings of the universal system of private law, which provides the legal protection of values connected naturally with human being against unlawful attacks, is an essential task for every civilized legal environment because the natural values connected with a human are really important. The text suggests that the conception of this legal protective system consisting of three cohesive components, namely the conception of an object of legal protection, civil liability, a list of protective rights), is shaped by findings, which have their origin in legal theory, written laws and case law. At the beginning of this rigorosum thesis I concentrate my attention on the first component of the legal protective system. Due to the elastic range of legal protection exclusively focused on human being as an individual, and as a person of law in the legal sense, it is allowed to try to achieve protection of all natural values of human being, that in the summary create the most personal, the innermost and the most intimate sphere of human being1 . This type of particular values has either a biological or psychological or sociological character. The substantive definition of the interest which is...
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