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A pain and suffering as a basic personal injury claim
Felix, Vojtěch ; Šustek, Petr (advisor) ; Salač, Josef (referee)
[A pain and suffering as a basic personal injury claim] Abstract The thesis deals with the topic of compensation for pain and suffering as a basic claim for personal injury under Section 2958 of Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to form a basic overview of the examined issue in the Czech Republic and England and their subsequent critical comparison. This thesis is divided into five separate chapters, each dealing with a different part of the issue of pain and suffering from the perspective of Czech and English legislation. In the first chapter, the author discusses important elements and institutes of the previous legal regulation of pain and suffering, especially with regard to their relationship and influence on the current regulation of compensation for pain and suffering under the Civil Code. The author pays special attention to the Decree of the Ministry of Health No. 440/2001 Coll., on compensation for pain and hardship of social employment. The second chapter of the thesis is devoted to individual claims that victims are entitled to claim in the compared legal systems. Within this chapter, the author further focuses on the strengths and weaknesses of the concepts of compensation for non-pecuniary personal injury as a single claim and as a system of partial claims. The third...
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Compensation for Personal Injury
Hamran, Richard ; Salač, Josef (advisor) ; Selucká, Markéta (referee) ; Šustek, Petr (referee)
COMPENSATION FOR PERSONAL INJURY ABSTRACT The aim of this thesis is to elaborate on the following questions: Whether and to what extent the compensation for personal injury (or, in other words, compensation for non- pecuniary damage to bodily and mental health) under the new Czech Civil Code (Act No. 89/2012 Coll.) ("NCC") means a (r)evolution in comparison to the previous Czech Civil Code (Act No. 40/1964 Coll.) ("OCC") and what conclusions can be drawn in this regard when comparing the NCC to selected European jurisdictions. In order to answer these questions, the comparative method as the main method was chosen for the purpose of this paper. In particular, this thesis compares the NCC to the OCC on one hand and to German law, Austrian law, French law, English law, PETL and DCFR on the other hand. The paper consists of four main parts: compensation for personal injury in the selected European jurisdictions, under the OCC, under the NCC, and the comparative part. Each of those parts addresses the same three principal issues: fundamental questions of tort law with the focus on compensation of non-pecuniary damage; compensation for personal injury of direct (primary) victims and that of indirect (secondary, third party) victims. Based on the research, we come to the following conclusions: Provided that the...
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Compensation for non-pecuniary damage in case of bodily injury and death
Zakonovová, Barbora ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Compensation for non-pecuniary damage in case of bodily injury and death Abstract The aim of this thesis is to provide the reader with a comprehensive insight into the issue of compensation for non-pecuniary damage in a case of bodily injury and death, focusing on the individual claims that Act No. 89/2012 Coll., the Civil Code, grants to the injured party. These are pain and suffering, compensation for difficulty of social integration and compensation for other non-pecuniary injuries. The author tries to capture the most significant changes that this regulation has undergone during the recodification of private law in 2014 and subsequent changes. The introductory chapters are of a more general nature and contain an important basis on which the regulation of compensation for non-pecuniary damage in personal injury and death is built. In particular, the concept of non-pecuniary damage itself, the change of terminology within the framework of the recodification, the systematics of compensation for damage, the transition of the perception of liability as a sanction (liability for damage) to liability for human conduct or compensation for damage to natural rights or personality rights are discussed. The core of the thesis is a detailed analysis of the provisions of Sections 2958 and 2959 of the Civil Code,...
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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Růžička, Květoslav (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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Methodology for Determination of General Damages in Personal Injury Cases
Mališ, Daniel ; Šustek, Petr (referee)
222 Methodology for Determination of General Damages in Personal Injury Cases Abstract The thesis examines to what extent the Methodology for Determination of General Damages in Personal Injury Cases (published by the Czech Supreme Court) meets the requirement of Section 2958 of the Czech Civil Code and its explanatory memorandum requesting that fair and just compensation is provided in personal injury cases. Detailed analysis is applied to the process of creating the Methodology, as well as to its individual rules, addressing, consecutively, the compensation of pain and suffering, of "other non-material harm" (a new legal concept under Czech law) and of lowered quality of life. Legal and logical conclusions regarding effects of the respective rules on the amounts of general damages are substantiated also by concrete statistical data, including data on the average amount of compensation for pain and suffering, and for lowered quality of life in the years 2010-2019. Based on detailed analysis of individual Methodology rules and of the statistical data, the thesis draws a conclusion that the Methodology, in its current form, is not in line with aim of the legislator to provide fair and just compensation in personal injury cases. Therefore, targeted solutions of the respective issues are presented. For the...
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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Růžička, Květoslav (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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Methodology for Determination of General Damages in Personal Injury Cases
Mališ, Daniel ; Dvořák, Jan (advisor) ; Šustek, Petr (referee) ; Doležal, Tomáš (referee)
222 Methodology for Determination of General Damages in Personal Injury Cases Abstract The thesis examines to what extent the Methodology for Determination of General Damages in Personal Injury Cases (published by the Czech Supreme Court) meets the requirement of Section 2958 of the Czech Civil Code and its explanatory memorandum requesting that fair and just compensation is provided in personal injury cases. Detailed analysis is applied to the process of creating the Methodology, as well as to its individual rules, addressing, consecutively, the compensation of pain and suffering, of "other non-material harm" (a new legal concept under Czech law) and of lowered quality of life. Legal and logical conclusions regarding effects of the respective rules on the amounts of general damages are substantiated also by concrete statistical data, including data on the average amount of compensation for pain and suffering, and for lowered quality of life in the years 2010-2019. Based on detailed analysis of individual Methodology rules and of the statistical data, the thesis draws a conclusion that the Methodology, in its current form, is not in line with aim of the legislator to provide fair and just compensation in personal injury cases. Therefore, targeted solutions of the respective issues are presented. For the...
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Damages for personal injury in the Czech Republic and in a comparative perspective
Bukvaiová, Lenka ; Elischer, David (advisor) ; Šustek, Petr (referee)
Damages for personal injury in the Czech Republic and in a comparative perspective Abstract This thesis deals with the issue of compensation for personal injury in the Czech Republic and, from a comparative perspective, in German and Slovak legislation. Analyzing the corresponding clauses of the Civil Code and the Supreme Court Guidelines, attention is given to the scope of the breach of the victim's personal integrity and methods determining its monetary compensation. Further related questions are likewise examined. The thesis explains the approach of the Czech legislation towards the possibility of a transfer of entitlements to a third person, the conditions for the statute of limitations for damages for personal injury, and the relationship of monetary compensation and marital community property. Concerning the recodification of private law, which has also affected the regulation of damages for personal injury, the thesis also presents an overview of the particular substantial changes that were brought by the new Civil Code entering into force. The thesis further deals with compensation for personal injury within criminal proceedings. It analyses the relevant clauses of the Penal Code and brings a systematic overview of the so-called adhesion procedure, which deals with the victim's claims in the case a...
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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Dolanská Bányaiová, Lucie (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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Damages for personal injury
Molnár, Peter ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damages for personal injury The diploma thesis focuses on the analysis and evaluation of the recodified legal regulation on damages for non-pecuniary loss arising from personal injury in the light of its comparison with the relevant English common law. On the background of the historical evolution of the method for assessing the amount of damages for non-pecuniary loss arising from personal injury, as well as through the comparison of Metodika Nejvyššího soudu k náhradě nemajetkové újmy při ublížení na zdraví (bolest a ztížení společenského uplatnění podle § 2958 občanského zákoníku) with Guidelines for the Assessment of General Damages in Personal Injury Cases, the diploma thesis arrives at a conclusion in favour of the development and application of the former, which it deems to have been a suitably chosen pre-emptive measure that would allow Czech legal practice to approach damages for non-pecuniary loss arising from personal injury in a consistent and proportionate fashion right from the moment of the coming into effect of Act No. 89/2012 Coll., the Civil Code, without having to overcome a period of relative legal uncertainty, during which standardised amounts of damages would have been developed through judicial practice, as was the case in the English common law. As regards the...
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