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Monetary satisfaction as a legal tool for the protection of personal rights under civil law
Kameníková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
1 Abstract: The subject of this paper is the issue of the pecuniary satisfaction as a legal instrument of protection of the personality in civil law. It is obvious that the main object of this work is the question of personal rights and its protection, which has its part in constitutional laws. This paper also analyses the definition of law on protection of personality, an entitlements to sue and to be sued relating to protection of personality. This essay is divided into five chapters with relatively separated thesis. In the first part the issue of conception of personality is analysed. What is personality in the terms of law? There are two different views - in first personality is identical with human existence, in second view personality is only role assignated to human by system of law. This part of the work analyses especially socialistic view of person and its protection and iusnaturalistic conception of personality. Both of them have practical impacts on legislation in Czechoslovakia and in Czech Republic as well. Anthropological conception respects new proposal of Civil code, while socialistic view and its basics exerts influence up recent Civil Code nr. 40/1964. Second part of this work analyses generally personality rights and sources of laws of personality and monistic and dualistic theory. In...
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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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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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Monetary satisfaction as a legal tool for the protection of personal rights under civil law
Kameníková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
1 Abstract: The subject of this paper is the issue of the pecuniary satisfaction as a legal instrument of protection of the personality in civil law. It is obvious that the main object of this work is the question of personal rights and its protection, which has its part in constitutional laws. This paper also analyses the definition of law on protection of personality, an entitlements to sue and to be sued relating to protection of personality. This essay is divided into five chapters with relatively separated thesis. In the first part the issue of conception of personality is analysed. What is personality in the terms of law? There are two different views - in first personality is identical with human existence, in second view personality is only role assignated to human by system of law. This part of the work analyses especially socialistic view of person and its protection and iusnaturalistic conception of personality. Both of them have practical impacts on legislation in Czechoslovakia and in Czech Republic as well. Anthropological conception respects new proposal of Civil code, while socialistic view and its basics exerts influence up recent Civil Code nr. 40/1964. Second part of this work analyses generally personality rights and sources of laws of personality and monistic and dualistic theory. In...
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