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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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Protection of personality rights in relation to the provision of health services
Toužimská, Eliška ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The concept of personality rights and their protection, as well as the view on provision of health services has changed a lot. In relation to recent development in the field of private law there is a need to examine the aspects of personality rights separatelyy and also in broughter context. This Master's thesis sets as its goal to follow the current legislation and to point out situations where the personality rights can be especially endangered. The second goal is to evaluate current legal issues in foreign countries of the protection of personality rights in relation to the provision of health services in order to see if there is a probability that Czech law will have to deal with similar problems in the future as well. In the first part the concept of personality rights and their protection is introduced. The aspects related to the provision of health services that may be especially endangered are highlighted. Also the possibilities of resolving situations where there is infringement of personality rights are presented. The second part, which is also the most comprehensive of the thesis, deals with the specific institutes that help the protection of the personality rights in the field of health services. These include primarily informed consent, the way of providing it and the consequences of...
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Limits of free speech on social media
Navrátilová, Kateřina ; Moravec, Václav (advisor) ; Osvaldová, Barbora (referee)
This bachelor thesis deals with the issue of the boundaries of freedom of expression on social media, which represent a significant present-day means of communication. As their social importance increases, so do the undesirable effects such as the spread of fake news and hate speech, presenting a challenge to be tackled. In some countries, certain measures to regulate social networks content have already been adapted. In the first section of the thesis, freedom of expression as a general concept is discussed. Special attention is drawn to its role in a democratic society, while at the same time mentioning its possible limitations. The second part is devoted to social networks as such, namely Facebook and Twitter. First, defining features of digital media in general are described, followed by the policies of individual social networks. The third part is devoted to the issues of personal rights violations, hate speech, pornography, and disinformation - occurrences that maybe in conflict with freedom of expression. These phenomena are observed in connection with the policies of individual social networks as well as the law of the Czech Republic. The final part of the bachelor thesis focuses on both internal and external regulation of social networks content. Differences between Facebook and Twitter...
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Protection of personality rights in relation to the provision of health services
Toužimská, Eliška ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The concept of personality rights and their protection, as well as the view on provision of health services has changed a lot. In relation to recent development in the field of private law there is a need to examine the aspects of personality rights separatelyy and also in broughter context. This Master's thesis sets as its goal to follow the current legislation and to point out situations where the personality rights can be especially endangered. The second goal is to evaluate current legal issues in foreign countries of the protection of personality rights in relation to the provision of health services in order to see if there is a probability that Czech law will have to deal with similar problems in the future as well. In the first part the concept of personality rights and their protection is introduced. The aspects related to the provision of health services that may be especially endangered are highlighted. Also the possibilities of resolving situations where there is infringement of personality rights are presented. The second part, which is also the most comprehensive of the thesis, deals with the specific institutes that help the protection of the personality rights in the field of health services. These include primarily informed consent, the way of providing it and the consequences of...
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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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Moral Rights of the Author of artwork in the Light of Civil Law Recodification
Leskovjan, Martin ; Císařová, Zuzana (advisor) ; Wünschová Pujmanová, Alexandra (referee)
This thesis aims to describe and evaluate actual state of author's moral rights legislation in Czech republic especially with reference to civil law recodification. The author's moral rights represent a complex of basic juridical institutes, which is the whole copyright structure, derived from. The thesis has an ambition to contribute in a long term discussion about the future development of copyright by a relevant detail analysis, description and evaluation of basic copyright system elements related to author's moral rights. Selected method is based on systematically mapped normative linkage of author's moral rights within international treaties, constitutional law and unit acts. The thesis endeavours to point out some less obvious connections between author's moral rights and other juridical institutes to achieve as complex image of recent state of legislation as possible. Other purpose of this work is to analyse problematic or unclear relationships between copyright and new civil code legislation such as e.g. conception of a work protected by copyright in light of new definition of material and immaterial matter or shared principles of moral rights . After that the thesis offers a base for future relationships arrangement between copyrights and civil law in terms of a revision of a fundamental...
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Protection of personal rights in theatre practice
Topinka, Jan ; SRSTKA, Jiří (advisor) ; CHLOUPEK, Vojtěch (referee)
In this thesis I have described historical development of the right to the
protection of personal rights from their establishment up to the present
legal regulations. I paid great attention to description of particular
elements of the personal rights both in the area of general rights and
special ones. Those elements of personal rights are the ones I often
encounter in the frame of artistic production. I tried to interpret basic
principles and rules related to the elements of personal rights. Today, we
can see many cases in public life directly affected by these issues, so I
consider this topic to be a very hot issue. This thesis aims at making this
area of legal aspects related to conducting theatre activities more
transparent to a wider population of theatre managers.
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Freedom and personal rights of employees in Québec
Rácz, Andrej ; Boháček, Martin (advisor) ; Švarc, Zbyněk (referee)
The Thesis deals with freedom and rights of employees in the Canadian province of Québec. The first part characterizes the law in Québec and specifies the system of law in this province. The second part concerns the discrimination and the guarantee of rights and freedom. The topics of the third part are accommodative remedy, its future development, the relation with the increasing number of immigrants and some obstructions that the accommodation has to face sometimes. At the same time, it offers some propositions to accommodate effectively in order to maintain the development and prosperity of a corporation. The Thesis goes along with case studies that illustrate the problems with particular examples from reality.
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