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Non-Pecuniary Damages in Czech and German Law
Zikmundová, Klára ; Frinta, Ondřej (advisor) ; Šustek, Petr (referee) ; Doležal, Tomáš (referee)
Non-Pecuniary Damages in Czech and German Law - Abstract The thesis at hand deals with non-pecuniary loss and monetary satisfaction in Czech and German law. It focuses on the concepts of non-pecuniary loss, mental distress, pain, impairment of social life and other non-pecuniary harm. In German law, attention is paid in particular to the concepts of Schmerzensgeld, Hinterbliebenengeld and Schockschaden. The main part of the thesis concerns the analysis of the method of determining the adequate amount of just satisfaction in statutory and case law of the Czech Republic and Germany. It focuses on infringement of personal rights as well as other infringements that constitute right to just satisfaction according to the Czech Civil Code. Author analyses the method of determining the adequate amount of just satisfaction in the events of the bodily harm, secondary victims' loss under Sections 2959 and 2971 of the Czech Civil Code, non-pecuniary damage caused by violation of the rights to dignity, freedom, reputation and privacy, pretium affectionis and ruined holidays. The outcome is a summary of the decision criteria and amounts awarded by courts. The scope of the thesis goes beyond personal injury. It encompasses answers to questions such as whether a legal entity can suffer non-pecuniary damage, what nature of...
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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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Satisfaction of non-property harm
Skorkovská, Tamara ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This master's thesis deals with compensation of non-pecuniary harm to health. It aims to analyze conceivable methods of compensation of non-pecuniary harm and individual claims arising from harm to health. They are compared with the previous legislation, selected foreign legislation and also with European soft-law documents. Subsequently I analyze the advantages and disadvantages of the different approaches. Non-pecuniary harm to health represents an area of law with steadily increasing importance. Not only there are further claims arising from harm to health enacted, but also the amount of damages granted grows exponentially. The Civil Code has brought new issues as well as a number of questions, out of which not all have been sufficiently analysed so far. The thesis is divided into three chapters. The necessary theoretical basics are described in the first one, that means the term of non-pecuniary harm, general rules relating to its compensation, short description of the historical development as well as the legal sources, including the European soft-law documents (PETL, DFCR). The second chapter addresses the individual claims of the injured party arising from harm to health. The type of claims, the requirements to be fulfilled in order to uphold the claim and especially the way of determining...
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Compensation for non-pecuniar damage caused by the excessive lenght of legal proceedings in Czech law
Knappová, Žofia ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
This thesis deals with the right consequences of violating the right of every participant of judicial proceeding, that in court proceedings on consideration of their cases within a reasonable time and without undue delay. In case of violation of the rights of the formation of the State's liability for harm suffered as a result of maladministration consisting in the excessive length of judicial proceedings. Thesis focuses mainly non-pecuniary damages incurred as a result of maladministration consisting in the excessive length of the proceedings and the forms of compensation, which allows Czech legal order. The lenght of civil proceedings may be considered excessive in case the lenght does not respond to the complexity of the case and its significance for the participants, even if there are no delays in court actions. There is a strong but reputtable presumption that excessively long proceedings causes non-pecuniary damage. Several types of remedy may redress the violation appropriately. The first form of satisfaction is so called pronouncement of excessivelly long proceedings. The pronouncement constitues the basic form of satisfaction. The victim is provided with financial compensation in case the pronouncement of excessivelly long proceedings is not considered sufficient and the non-pecuniar...
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Punitive aspects of damages (legal and comparative analysis)
Janeček, Václav ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Czech courts regularly deal with a question of so-called just satisfaction; particularly, when, on what basis, and how much should be awarded. Just satisfaction, as a form of damages, is primarily compensatory. However, there are some indications that it is perfectly legitimate for law of damages to pursue also another aims than compensation such as prevention or punishment. This view was recently upheld by the Czech Constitutional Court and the Highest Court of the Czech Republic. According to doctrinal approach, it is the domain of punitive or exemplary damages as a specific Anglo-American instrument that covers these two principles (prevention and punishment). Still, the Czech Civil courts consistently refuse to award exemplary damages albeit they do not provide us any sound argumentation. The author of this article suggests it is inaccurate and only partial understanding of exemplary damages that causes the current judicial refusal of them. While focusing on current English and Czech law, the author in his article describes exemplary damages in great detail with respect to their theoretical, conceptual and systematic position. Subsequently, he shows that the negative attitude of the Czech courts is not always appropriate. First, looking at relevant case law, the article characterises what the...
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