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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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Handling State Property
Bobíková, Kateřina ; Dvořák, Jan (advisor) ; Thöndel, Alexandr (referee)
Název rigorózní práce v anglickém jazyce, abstract, 3 keywords Handling State Property Abstract The rigorous work deals with a detailed view of the handling of the property of the Czech Republic, especially real estate, in recent legislation. Due to the recodification of private law, it is aimed at understanding the treatment of state property as opposed to dealing with property in the private sphere. The work is an attempt to understand some specificity of dispositions with state property, where it is necessary to take into account the position of the state and its certain constraints that do not exist in the private sphere. Part of the work is also the specific situation, which often occurs when dealing with state property and which needs to be assessed very sensitively because of the duty of the state to act transparently and economically with public funds. The essence of the thesis is a legal overview of the handling of the property of the Czech Republic, including a very specific specification of the ways of dealing with state property. The work includes the de lege lata legislation, also taking into account the pitfalls that the legislation brings. It is therefore necessary to point out that it is still necessary to focus on how to deal with the very complicated life situations that occur even when...
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The Moral Hazard in Light of the Recodification of the Private Law
Lučan, Jakub ; Bažantová, Ilona (advisor) ; Hraba, Zdeněk (referee)
-1- Summary The aim of the thesis is to assess the impact of the recodification of private law on the phenomenon of moral hazard. In order to achieve the goal, the old and new legislation were compared in order to identify key changes and analyse their nature, in terms of their positive or negative impact on the potential occurrence of moral hazard. In the theoretical part, moral hazard was defined and systematized in the context of so- called "old" and "new" market failures. The author also offered a key contemporary definition of the term. Increased attention has also been paid to the issue of incomplete and asymmetric information that often coexists with or potentially enhances moral hazard. In the second part of the theoretical part, the author of the thesis focuses on defining the specifics of moral hazard, taking into account the Czech practice. The phenomena of insurance, health, monetary policy, banking, financial consulting and corporate governance are gradually being mentioned. The issue of representation and black passenger is also accented. The difference between moral hazard behaviour and fraud is also described. In the practical part, the author compares the selected institutes of private law across new and old legislation. This part is divided into various general institutes, which are based...
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Liability of the governing body of a joint-stock company before and after recodification of private law
Grundman, Vojtěch ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
in English The thesis deals with the liability of the members of statutory authority of a joint-stock company in antecedent legislation and in present legislation. These legislation are compared and their differences are described. Duties of a member of statutory authority (foremost duty of care), whose violation led to commencement of obligation to compensation for damage, are characterized. Specifically the thesis deals with their obligation to pay damages and their liability for damage. These relations are analyzed not only to company itself, but also in relationship to the shareholders and third persons. Thesis contains also research of claiming damages and business judgment rule.
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Liquidation of limited liability company in the light of recodification of private law
Stehlík, Ondřej ; Zahradníčková, Marie (referee) ; Horáček, Vít (referee)
. The topic of this work is a liquidation of a limited liability company as by law described process of non-judicial settlement of property relations of company managed by a liquidator. At the end of this process of liquidation a limited liability company cease to exist as legal entity and a remaining assets of that company is usually redistributed between associates of company. This work tries to analyse current legal rules dealing with a dissolution and liquidation of limited liability company, compare them with previous legal rules contained in abolished commercial code and tries to critically describe them in all possible ways, how to solve potential problems that may occur during this process. The whole work is complemented with related judicature with effort to assess its future usability in connection with recodification of private law. In places where I have identified the need to make changes or I considered the current regulation inadequate, inaccurate or admitting multiple interpretation I also proposed my own law adjustments de lege ferenda. Author tries to use modern academic methods in order to create a work, which may contribute to development of Czech legal environment. To achieve this goal I have tried to apply arguments of formal logic and other types of legal argumentation....
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Real property taxes after recodification of private law
Puzyrevská, Tereza ; Boháč, Radim (advisor) ; Karfíková, Marie (referee)
The aim of my thesis is to introduce the legislation related to real estate tax in the Czech Republic, to offer its critical evaluation and suggestions for its modification in the future. The work is divided into two parts, a theoretical part, which includes four chapters and a practical part, consisting of six chapters. The general part is devoted to the process of recodification of private law in the Czech Republic. It describes recodification in a broader context, it identifies legal institutes connected to real property tax and summarizes selected changes in terminology. In the next chapter is summarizes general theoretical introduction of taxes, with an emphasis on property taxes and briefly described elements of the tax structure. Fifth chapter and the next ones deals specifically with the real estate tax. First, the tax is described in general terms, then the amended changes are summarized and the scheme of the Act is introduced. The sixth chapter provides a complete analysis of the land tax, seventh chapter the tax of buildings and units. In both chapters the thesis consistently addresses all elements of aforesaid taxes. The eighth chapter presents provisions of the Act that are common to both taxes and in the following chapter the issue of tax administration is addressed. The final chapter...
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Superficies solo cedit
Gabrielová, Andrea ; Dvořák, Jan (advisor) ; Elischer, David (referee)
SUPERFICIES SOLO CEDIT English Abstract Andrea Gabrielová The topic of my master thesis is represented by an ancient roman principle called superficies solo cedit. This principle is gowerning the ownership of the land and is closely linked to the legal institutes as component parts, immovables, the right of superficies.. According to this principle, buldings and plants form part of the main legal object, which is land the superficies solo cedit principle leads us to the ancient Rome, which has been giving complex legal base to the current continental system of law untill nowadays. Therefore I dedicate my first chapter to the origin of the principle in roman law. Second chapter is dedicated to the ABGB Code, which is basicly inspired by roman law and as itself is the main source of the new Civil Code Nr. 89/2012 Sb. New civil code is the core of this thesis. Above all because it reestablished the superficies solo cedit principle and after many years brought it to life. Reestablishment of the principle has uncountable consequences not only in the area of private law. The most important consequence brought to the frame of private law is the unification of the legal régime of constructions and land.
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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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Increase and reduction of the registered capital of a limited liability company
Škorpil, Jan ; Štenglová, Ivanka (advisor) ; Čech, Petr (referee)
Summary: Increase and reduction of the registered capital of a limited liability company This work deals with increase and reduction of registered capital of limited lability company. The introductory chapter includes a brief historical development of regulation of limited liability company. This chapter also comprises a basic features of a limited liability company as a type of corporation, including a description of the basic structure of company. It describes the basic differences between the regulation of limited liability and joint stock companies. The thesis deals with the concept of registered capital and its prospective changes with the amendment of memorandum of association. The following chapters are the key ones and comprises detailed analysis of current regulation of increase of the registered capital and its reduction contained in the Commercial Code. The thesis describes the distinction of effective and nominal increase of registered capital, the admissibility of the increase of registered capital, preferential right of shareholders to participate in the capital increase, general meetings, monetary and non-monetary contributions and other issues with an increase in capital related. The next chapter is the analysis of the regulation of reduction of registered capital, focusing primarily on the...
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Marriage, its problems and economic consequences in practice, in relation to the recodification of Private Law
Nevolová, Lucie ; Cvik, Eva Daniela (advisor) ; Lenka, Lenka (referee)
This thesis contains theoretical knowledge of law of marriage in the Czech Republic, which from 1. 1. 2014 due the recodification of private law is governed by the Act no. 89/2012 Coll., Civil Code, as amended. Selected chapters deal with basic concepts that relate to this topic, the conditions of formation of marriage, duties and rights of spouses, dissolution of marriage, economical and legal consequences that result from marriage and selected the changes that occurred after the adoption of the Civil Code. The main aim of the practical part is the comparison of marriage and cohabition without marriage from an economic and legal point of view in connection with the recodification of private law. In conclusion, the work presents an analysis of survey results and overall assessment of the results obtained.
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