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Protection of Personality Rights in Relation to Media
Havel, Marian ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of the master thesis Protection of Personality Rights in Relation to Media is the conflict between two constitutional rights - protection of personality and freedom of speech. Both of these rights are stated in the Constitutional Act No. 2/1993 thus they have an equal level of legal protection. However, conflicts can arise between the two. The thesis evaluates and analyses these two crucial rights and their conflicts. This thesis is divided into four main chapters, which are the following: Protection of personality, Freedom of speech as a main principle of media law, Protection of personality versus freedom of speech in the practice of the Constitutional Court, and Media development and its influence on the protection of personality. The first and the second part of the thesis analyse protection of personality and freedom of speech. The aim of the first two chapters is to present the sources of these rights, to define basic concepts, meanings and limits of these rights and to describe their possible restrictions. The third part of the thesis discusses general principles according to which possible conflict between the two rights should be solved. It also examines selected Czech court cases. Finally, the fourth chapter outlines media development since the 1970s with special emphasis on the...
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Legal tools for the protection of personal rights of an individual in civil law
Vydržel, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The thesis deals with legal tools for the protection of personal rights of an individual in civil law. The aim of diploma thesis is to show how important the protection of personal rights in our modern day society is, to analyse available instruments for the protection of general right to personality in civil law and to evaluate these instruments of protection as well as their ability to provide effective protection. The thesis is composed of Nine chapters in 78 pages of text. Chapter One deals with the introduction to the subject of the thesis and tries to capture the reader's focus, and also sets the theme of the thesis. Chapter Two explains the concept of general right to personality and its defining features along with its historical development. It is also focused on defining its place among other kinds of rights in our national legal system. The third chapter deals with legal guarantees of protection of personality on both the national and the international levels (based upon international treaties). It consists of three parts. The first part deals with constitutional law. Part Two describes international treaties which protect general right to personality. The third part deals with national statutes which define personality rights and legal instruments for their protection. Chapter Four is...
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Protection of personal rights of individual in mass media
Knytlová, Kateřina ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
11. Abstract in English This Master Thesis refers to the protection of personal rights of the individual in mass media. The main purpose is to analyse Czech legal regulations regarding this matter and to assess if the level of judicial remedy for the protection of personal rights is sufficient and appropriate. This thesis is focused on the collision of two fundamental rights, namely the right to protection of personal rights and that of freedom of speech and expression. Because of the growing influence of mass media, these rights are frequently at the centre of public debate and issues. The principal problem is which right should be prioritized. Both of them are established as fundamental human rights at the constitutional level therefore enjoy the same degree of protection. Attention is also paid to Spanish legal regulations of protection of personal rights of the individual in mass media. The important differences between the Czech and Spanish legal systems are pointed out throughout the whole paper. The thesis is composed of seven chapters. The first chapter is introductory. Chapter two deals with the protection of personal rights in general and explains this concept while enumerating law sources. Chapter three describes the protection of personal rights of the individual in mass media. It elaborates on...
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Personal Rights and Privacy
Pavelec, Tomáš ; Frinta, Ondřej (referee) ; Šustek, Petr (referee)
The aim of this study is to analyze the level of privacy of person in the Czech Republic and further analysis of the scope of protection of rights regarding honor, esteem, human dignity and the protection of name with regard to current legislation and judicial decisions. I focused primarily on interventions, criticism, and collection of data and the possibility of receiving satisfaction. The issue was analyzed mainly on the basis of judgments that can also be used at time the effectiveness of current legislation, which is also based on the rulings of the ECHR.
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Protection of personality rights in relation to media
Šedo, Jakub ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis deals with cases of conflicts of personality rights with the activities of the media, which representing the exercise of freedom of expression and right to information. It focuses primarily on answering these questions: how is the personality of individuals protected against unauthorized interventions of media in our legal system, what is considered as appropriate and what as an inappropriate interference with the personal rights of individuals and whether an individuals in whose personal rights have been infringed by the media, can obtain adequate reparation for the harm that was caused them by unauthorized intervention. The thesis is divided into six parts. The first part is the introduction, which describes the main focus of the work and questions with which the work deals. The second part is devoted to a treatise on the general format of personality rights according to the general rules contained in Law No. 40/1963 Coll., The Civil Code. The third part of this thesis deals with ways how are the personality rights protect in the media rights standards contained in media law and it also describes the most common forms of interferences between media and the personality rights of individuals. Because in the course of making this work took effect the new Civil Code No. 89/2012 Coll. The...
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Protection of public figure in media
Frejtichová, Dominika ; Šustek, Petr (referee) ; Pohl, Tomáš (referee)
Protection of public figure in media Abstract: The purpose of the thesis is to analyze the protection of the public figure in media. It aims to describe the institute of the public figure, content of the institute and protection of public figure in the media. The thesis is composed of five chapters. The first chapter is introductory and defines the media and media law, gives the history of the protection of the public figure, and evaluates references. The introduction defines the main aim of the thesis, which is to describe the institute and its intent as well as to compare Czech and foreign judicature. Chapter two defines the public figure and is subdivided into three parts. Part one provides the terminology, the definition, and the origin of public figure. Part two deals with the different categories of public figures, such as the all-purpose public figure, the limited- purpose public figure, and the public official. Part three explains the specifics of the public figure in media, which are its privileged position, easier access to media, and the subsidiary of judicial power. Chapter three deals with the conflict of media and personal rights. It is subdivided into three parts. Part one deals with the conflict between the personal right of freedom of speech and the right to information. Part two describes...
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Monetary satisfaction as a legal tool for the protection of personal rights in civil law
Marek, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This Master Thesis deals with institute of monetary satisfaction as a legal tool for the protection of personality under civil law. The aim of this thesis is to give a comprehensive explanation of the Institute of monetary satisfaction. This work uses descriptive and analytical method. The work is composed of six chapters; each chapter is dividend in several subchapters. The right of personality protection is a fundamental right of every individual that guarantees his or her dignified existence and free development in society. The Czech Republic provides a modern legal regime for the protection of personality since 1990, when the Civil Code has been amended. Protection of personality is regulated by the Civil Code in sections 11 to 16. In Section 13, the Civil Code expressly grants four types of civil tools for protection of personality - the right of retention, the right to restitution and the right to adequate satisfaction that can take either moral or material form. In serious cases of violations of personality rights, the monetary satisfaction is the only sufficient and therefore effective and fair remedy for the immaterial injury on personality of affected person that has been caused by the unlawful interference into his or her personality. The monetary satisfaction as a legal mean of the...
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Protection of personal rights in continental system and common law
Ondřejová, Eva ; Švestka, Jiří (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
With the increased global infringement of personal rights, it is necessary to be aware of the protection in the different legal systems, especially Anglo-American. Even if the consequences are to be felt in the domestic legal order, the enforceability is recognized under the foreign legal order. The protection is worldwide and through the case law from the European Court of Human Rights the two legal systems - Common law and the Civil Law are penetrating the legislation and the case law in respect of the institute of the protection of personal rights. The doctorate thesis presents the complex introduction to the area of protection of personal rights in the Common law, especially in English law, Commonwealth countries and USA that has not been presented yet for the Czech legal professionals. The thesis explains theoretical concept of the Common law and its background for the purpose of explanation of differences of examined legal orders. The institute is explained on the key historical case law that led to establish the Common law principles. The thesis uses the current and topical legal cases and problems that the orders face in the 21st Century.
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Covert personal goods in labour relation
Kabát, Jiří ; Vysokajová, Margerita (referee) ; Štefko, Martin (referee)
Rigorous work occupy by farms protection in personal and labour law relations. Rigorous work is divided on two part. First part deal with characteristic and development adjustment of law as concern personal protection. Next , in this introducing part devote adjustment of personal protection including institutional and civil delimitation. Second part deal with farms protection in personal and labour law relations. At rigious work lay contains above all protection employees privacy mainly in relation to technological development and protection employees law of property. No forgotten life and healthy law protection in working law relation. Itś also mentioned civic honour and dignity protection , name and personal nature. No skip problems of subject to the statue of compensation limitations no property money detriment and usability illegal proof in civic court process. In rigious work is indicate legal adjustment contained in new civic code of law. Rigious work ending by devote protection of personal date, well treatment and ban discrimination in legal working relations.
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