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Compensation of Damages according to the Civil Code
Hrnková, Lucia ; Švestka, Jiří (advisor) ; Pohl, Tomáš (referee)
The purpose of this thesis is to point out the main aspects in field of the compensation of damages according to the valid and effective Civil Code, to bring a critical view of these regulations and to present suggestions de lege ferenda. The author tries to explain the current legal regulations regarding the compensation of damages, whereas she deals namely with the issue of prevention of damages - purpose and types of the prevention, as well as with the issue of the functions, assumptions and subjects of the liability for damages, further she is focused on the method and the scope of the compensation of damages, as well as on the single types of the liability of damages and the relationship between the liability for damages and the liability for defects. The chosen fields of the legal regulations of the compensation of damages according to the Civil Code, namely the assumptions of the liability for damages and the method of the compensation of damages, are also compared with the regulations of the Principles of the European Tort Law (PETL) where the author tries to point out the progressive PETL regulations in field of the compensation of damages. The author also presents in this thesis the chosen judgments of the Supreme Court of the Czech Republic, pursuant to that she illustrates the...
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Primary and secondary liability of members of the Board of Directors against third persons
Boguský, Pavel ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Primary and secondary liability of members of the Board of Directors against third persons The aim of my thesis is to analyse thoroughly the regulation of primary and secondary liability of members of the Board of Directors against third persons (so-called 'outside liability') under the laws of the Czech Republic. The reason for choosing this topic is that it is relatively overlooked by most of the authors since they primarily focus on liability of the Directors against their own company (so-called 'inside liability'). By conducting my research I intend to redress such an omission and prove the significance of this issue. Chapter one provides a general overview of the inside liability issue. It explains why the Directors are in discharging their duties primarily accountable to the company for the damage caused by a breach of their duties and why third persons are entitled to claim damages from the Directors only in cases laid down in special statutory provisions. Chapter two together with chapter three form a substantial part of the text and provide the basis for the analysis in the subsequent chapters. Examining the currently effective regulation, these chapters deal with special provisions which constitute direct liability of the Directors for the damage caused to the third persons (most...
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Financial aspects of liability for environmental damage
Cimburková, Iveta ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
This diploma thesis provides an overview of the aspects connected with financial assurance of liability for environmental damage. First parts of the work define the frame for this topic through its essentials terms and theoretical basis. Also there are introduced the main functions of economic instruments. Part 3 briefly focuses on the ways of codification of liability in the international public law. The main part of this work is dedicated to an adoption of the polluter pays principle to the European Union law and the Czech national law system. Thus parts 4 and 5 describe and evaluate efficiency of this liability system from the perspective of obligation to assure a financial security. Last part gives a list of possible instruments which may be used as a suitable financial security according to the statute n. 167/2008 Sb.
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The relationship between liability for damage and liability for defects
Rozinková, Lucie ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
People encounter civil relationships in everyday life, thus the civil law follows a human being from his/her birth to death. Obligation relationships can arise not only at the basis of law actions, predominantly contracts, but also from illegal actions and by law qualified events, which lead to an origin of damages or a defect in an object of fulfilment. Both, liability for damage and liability for defects represent significant part of civil law and belong among the most discussed problems in law theory. The aim of this thesis is to focus on mutual relationship between liability for damage and liability for defects according to the Act No. 40/1964 LC., civil legal code, and to present important terms with a consideration of a rich judicature in this area. Some of the differences between liability for damage and liability for defects according to the Act No. 513/1991 LC. are explained briefly; since the commercial law modification would deserve a separate thesis. This thesis consists of six chapters which are further separated into individual subchapters. The first chapter is dedicated to the liability in general and its law- theoretical explanation and specification of the term civil liability. The second chapter called "Prevention of damages in civil relationships" tells about prevention of origin...
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Citizenship and Authenticity
Bindásová, Juliána ; Matějka, Ondřej (advisor) ; Moree, Dana (referee)
The text tries to bring a different point of view on what citizenship is and what it means, other than political or legal interpretation. It searches for pre-political and pre-legal basis of citizenship able to protect its rights and freedoms as defined by, for example, the Charter of Fundamental Rights and Freedoms or as legally guaranteed in democracies. The theoretical part of the text is based on treatises of Czechoslovak dissidents who examined the phenomenon of citizenship, being themselves citizens of illiberal regime. The treatises originate mainly in the 1970s and look at the citizen through the eyes of the dissent of "normalised" Czechoslovakia. The view is broadened by further interviews focusing on the topic of citizenship with three more dissidents. The goal is to find what citizenship should carry within, what it should mean in order to be able to defend its space, the space which officially belongs to it in democratic conditions.
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The I-Thou relationship of Martin Buber and its radicalization by Emmanuel Levinas
Kroupová, Dana ; Noble, Ivana (advisor) ; Fischer, Ondřej (referee)
In this thesis I explore the relation in Buber's and Levinas's understanding. Both of these Jew philosophers endeavoured to describe an essence of genuine dialogue and both saw in dialogue the word that turns to a Thou, the primal deed of spirit. Nevertheless in spite of these similarities there are also a differences in their understanding of a dynamics within the genuine dialogue. Whereas Buber talks about a reciprocity in such a relation Levinas asserts that there is an asymmetry there and therefore he radicalizes Buber's conception and responsibility towards the other. In the first part of my thesis I focus on important influences on Buber's and Levinas' lives and introduce a "poetics" of their understanding of a genuine dialogue based particularly on their main piece of work: Buber's I and Thou and Levinas's Totality and Infinity. Although there was a communication between these two thinkers according to some philosophers it often exhibited a lack of dialogue and a failure to understand each other. Therefore I outline the similarities and differences in detail in the final chapters. Keywords Buber, Levinas, Rosenzweig, I - Thou relationship, face, reciprocity, asymmetry, responsibility, ethics, infinity
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Liability of the particular participants of Internet plant and P2P file sharing networks
Steinhauser, Antonín ; Žikovská, Petra (referee) ; Wünschová Pujmanová, Alexandra (referee)
The thesis begins with liability definition, its types (civil, criminal, administrative) and their particular occurences within all legal aspects of internet plant. Then it groups internet plant participants into some categories (users, ISP, definition authorities) and analyzes the liability issue from the point of view of each single category. Also deals with inevitably international nature of internet plant and connected questions of jurisdiction and applicable law. The same chapter explores participant's liability for internet plant and data content, whose originator is someone else, and for ISP role it analyzes its limitation incorporated in legal institute called safe harbor. It describes safe harbor from historical and international perspective and demonstrates it on US and German legislatures. Lastly this chapter compares legal regulations of safe harbour in various countries and adjudicates Czech transposition of its EU framework. As a practical application this theses deals with sharing P2P networks theme (chiefly with BitTorrent) and in the conclusion it proposes legislative changes (de lege ferenda) constiting mainly in objective liability for IP adress.
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problem of responsibility and freedom
Rohlenová, Lucie ; Hogenová, Anna (advisor) ; Hauser, Michael (referee)
Problem of responsibility and freedom ROHLENOVÁ, LUCIE. Problem of responsibility and freedom. Praha: Faculty of Education, Charles University, 2012, 69 pp. Diploma Thesis. The diploma thesis will devote to the progress of the phenomenon of the liberty in the modern period from Spinoza to Lévinas. The diploma thesis is mainly based on the major publications of philosophers, B. Spinoza, I. Kant, K. Jaspers, J.-P. Sartre, E. Levinas. The thesis focuses in the terms responsibility and liberty which assume different and more profound meaning in their philosophy. Baruch Spinoza connects the liberty with the independence, with the causal independece. The independent thing is the thing which is the source of own action. In this meaning we can say that only God is independent. Immanuel Kant presented the new dimension of the liberty in ethics which extended the solution of the etical philosophy. The person is the being who constructs the moral word from own liberty and accountable to himself or herself and the other people. Emphasis is placed on Karl Jaspers' major publication The Question of German Guilt. The blame is analysed in this publication and it is classified into four aspects-criminal, political, moral and metaphysical blame. Jeana Paul Sartre is the author of the idea that our body and...
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The operator of liability for damage arising from the use of motor vehicles in the current and future legislation of the Civil Code.
Pilátová, Veronika ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This paper deals with the operators responsibility for damage caused by a motor vehicle in the current Civil Code and the new Civil Code, which will be effective from 1. 1. 2014. According to the always-study of the topic immediately point out the specific changes that occur due to the new regulation. The first chapter deals with the importance of explaining the issue of damages in a social context. Furthermore, I point out its functions. The second chapter deals with the definition of basic concepts related to this problem. Define who or what is motor vehicle damage and operator. Interpret different kinds of operators of vehicles, when their resolution is critical consequences for the operator is obliged to pay damages. The third chapter explains the general provisions on liability for damage. It also deals with the inclusion of liability in the Code civil law. The fourth chapter deals with a thorough explanation then specific responsibility for damage caused by vehicles. Interprets the scope of this responsibility, the possibilities of the operator himself from the obligation to pay compensation and liability insurance for damage caused by the operation of motor vehicles. The fifth chapter is intended to familiarize the reader with the possibilities of compensation methods, the content of...
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The liability of the employee for the damage caused to the employer
Drahovzal, Jaroslav ; Bělina, Miroslav (advisor) ; Drápal, Ljubomír (referee)
The rigorosum thesis is focussed on the responsibility of an employee for damages caused to the employer. The work firstly describes the problem of the law responsibility in general and then responsibility for the damage. The main part of this work is shaped by the description of individual kinds of the responsibility of an employee for the loss and by the question of the extend of compensation. Attention is also paid to the prevention of the damage, labour law of the European Union and the options of the employee to insure against liability for any material damage caused to the employer.
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