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Compensation for non-pecuniary damage in case of death
Litvina, Anna ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Compensation for non-pecuniary damage in case of death ABSTRACT The diploma thesis deals with the analysis of institute of compensation for non-pecuniary damage to the secondary victim in the event of the death of the primary victim. The aim of the thesis is to analyse the peculiarities of the functioning of the institute for compensation of non- pecuniary damage in the event of death, to identify the current problems of its development and to propose ways of solving them. The first chapter describes the circumstances and history of the establishment of the institute for compensation for non-pecuniary damage, which dates to ancient times, then sets out the development of the institute through the Middle Ages and the modern era to the present day. The second chapter is about the concept of "non-pecuniary damage", its definition and specifying the types of this damage that exist. It focuses on mental suffering, what role they play in a person's life and what effect their experience has in determining the amount of compensation. Then the institute of compensation for non-pecuniary damage is described within the framework of Anglo-Saxon and Romano-Germanic law. The distinction between primary and secondary victims is also presented. The third chapter is devoted to the development of the institute of...
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Damages in cases of bodily injury
Piptová, Martina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
in English The final thesis mainly deals with the description and evaluation of the development of civil legislation on compensation for non-pecuniary damage to health in connection with the adoption of the New Civil Code. The main purpose of the thesis is to analyse the manner of determining the amount of reparation of non-pecuniary damage, including comparisons of the compensation according to the Methodology of the Supreme Court with the previous system of compensation in connection with non-material injury. The first chapter approaches the theoretical background important for the establishment of the obligation to compensate non-material damage, mainly legal tort liability and the related preconditions for its emergence, i.e. the unlawful conduct, formation of the damage, causation and fault. Next chapter describes the individual claims included in non-pecuniary damage, i.e. claims for suffered pain, social impairment and mental suffering, including discussion whether these claims remain individual under the New Civil Code. The third chapter, as the core of the whole thesis, describes the method of determining the amount of compensation for non-pecuniary damage caused by bodily injury, particularly in relation to the Methodology of the Supreme Court of the Czech Republic issued for the purpose...
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Personal injury/damage to life and its indemnification
Anderlová, Soňa ; Elischer, David (advisor) ; Zvára, Michael (referee)
Personal injury / damage to life and its indemnification Abstract This rigorosum thesis deals with compensation for pecuniary and non-pecuniary harm to health or life and its indemnification, while focusing mainly on compensation under the Act No. 89/2012 Sb., The Civil Code. The thesis starts with the historical excursion and the basic assumptions of liability for tort and continues through the description and evaluation of pecuniary and non-pecuniary damage's legislation to health or life in the Civil Code. It includes detailed analysis of individual claims, such as purpose fullcosts with health care, personal care costs of victims and theirs household, funeral costs or costs of maintenance for the survivors, as well as the evaluation of the legal regulation of pecuniary and non-pecuniary harm in the Labor Code and its comparation to the regulation in the Civil Code. This is always accompanied by the decision-making practice of the courts. The thesis is focused mainly on the compensation for pain and deteriorated social position, other pecuniary and non-pecuniary claims of the victim resulting from personal injury and compensation for the claims of person who are close to the victims and the concept of secondary victims and their compensation. The Decree No. 440/2001 Sb., Methodology for compensation...
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Compensation for injury to the natural rights of man
Malý, Petr ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
This diploma thesis deals with the issue of harm to natural human rights and its compensation. The thesis focuses on the current regulation of this institute contained in The Civil Code No. 89/2012 Coll. Furthermore, in this work, the current regulation is compared with the previous regulation, namely Civil Code No. 40/1964 Coll. The main aim of this work is to provide a basic and comprehensive insight into the issue of harm to natural human rights, focusing on the description of the changes brought about by the adoption of the new Civil Code. Another aim of the thesis is to outline the consequences of these changes. At the beginning the diploma thesis focuses on all the articles of the first part of the Civil Code, which deal with the regulation of natural rights. In the next part of the thesis it provides a general insight into the issue of liability for the damage caused to natural rights. This general basis is necessary for the next part of the work, which deals with claims for compensation of immaterial harm and decision on its amount according to the new Civil Code. The most extensive third part of the thesis therefore deals with specific remedies, namely compensation in the event of injury and the death and indemnification of secondary victims. At the end, the diploma thesis mentions another...
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Compensation for a non-pecuniary harm of secondary victims
Přenosilová, Klára ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
This final thesis "Compensation for a non-pecuniary harm of secondary victims" deals with the issue of secondary victims. A secondary victim is defined as an injured person who suffered a non-pecuniary harm as a consequence of what happened to another person (primary victim) to which the tortfeasor caused imminent harm. I focused exclusively on secondary victims under the section 2959 of Czech Civil Code. The section 2959 of Czech Civil Code enables secondary victims to require a monetary compensation for the harm which they suffered as a consequence of a death or a serious injury of their close person (primary victim). Within the analysis of section 2959 of Czech Civil Code I described the nature of a harm suffered by the primary victim, the circle of eligible secondary victims and the quality of their harm, as well as the extent of the compensation for the harm of secondary victims. Doing so, I used the comparative method. I compared the legal regulation of the Czech Civil Code with the former Czech regulation and corresponding decisions of Czech courts. For the purposes of international comparison, each chapter includes a part of the legal situation of secondary victim (close person) under the Austrian law. The analysis showed that the new regulation under Czech Civil Code improved in general...
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Causal nexus in civil law
Smička, Martin ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to provide an insight into the topic of causation in law and to acquaint its reader with the common methods of proving the causation before courts. Among the most used methods such as the 'but for' test, this paper focuses on specific aspects of this topic which were introduced to the Czech legal system together with the adoption of the Civil Code 2014. The thesis also includes description and analysis of alternatively used methods of proving 'multiple causation' cases such as the theory of 'loss of chance' and 'pure economic loss'. Among this analysis the comparison between Czech and British legal system is used extensively. The core of this thesis is the effort to confirm or to refute the hypothesis that despite the Czech legal system does not officially recognize distinction between 'factual causation' and 'legal causation' as it is done in the British legal system, methods from both categories are actively used by Czech courts. This paper also aims to analyze whether, due to the fact that recognition between 'factual causation' and 'legal causation' is not explicitly expressed in the Czech legal system, does exist any negative or positive impact on judicial decisions. The last goal of this thesis is to demonstrate whether, similarly as in the British law, the significant number...
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Damages in cases of bodily injury
Piptová, Martina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
in English The final thesis mainly deals with the description and evaluation of the development of civil legislation on compensation for non-pecuniary damage to health in connection with the adoption of the New Civil Code. The main purpose of the thesis is to analyse the manner of determining the amount of reparation of non-pecuniary damage, including comparisons of the compensation according to the Methodology of the Supreme Court with the previous system of compensation in connection with non-material injury. The first chapter approaches the theoretical background important for the establishment of the obligation to compensate non-material damage, mainly legal tort liability and the related preconditions for its emergence, i.e. the unlawful conduct, formation of the damage, causation and fault. Next chapter describes the individual claims included in non-pecuniary damage, i.e. claims for suffered pain, social impairment and mental suffering, including discussion whether these claims remain individual under the New Civil Code. The third chapter, as the core of the whole thesis, describes the method of determining the amount of compensation for non-pecuniary damage caused by bodily injury, particularly in relation to the Methodology of the Supreme Court of the Czech Republic issued for the purpose...
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Damages in cases of bodily injury and death in Czech and French civil law
Moravcová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Résumé L'objectif de ce mémoire, c'est la comparation d'indemnisaton du dommage corporel en cas de survie ou en cas de décès de la victime dans la législation et surtout dans la jurisprudence tchèque et française. Il s'agit surtout des aspects des postes particulières indemnisables et ses critéres. L'accent particulière est mis à la responsabilité civil subjective d'accidents médicaux. Les chapitres d'introduction s'agissent des questions de la protection de la santé comme une liberté fondamentale et droit naturel de chacun. Ainsi des questions de la résponsabilité, surtout civil et subjective. Vu la nouvelle codification d'indemnisation du dommage corporel en cas de survie ou en cas de décès de la victime, prévu dans le nouveau code civil tchéque nř 89/2012, le mémoire compare, avant tout, des critéres d'indemnisation du dommage corporel et ses aspects avec la réglementation précedente. Il s'agit surtout des postes extra-patrimoniaux car ces postes étaient fixé soit par le décret de Ministère de la santé, nř 440/2011, en vertu des régles postérieurs, soit dans l'article 444 alinéa 3 du code civil, nř 40/1964, en vertu des régles postérieurs. Vu que ces principes étaient le sujet trés critiqué, même dans l'exposé des motifs de la loi nř 89/2012, code civil, des principes ont été changés radicalement soit...
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Injury as a breach of personality rights
Koliha, Michael ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damage to health as an interference with personal rights protection The purpose of this thesis is to describe the kinds of claims arising to the damaged parties in cases of unjustified interference with personal rights, especially in cases of bodily harm. This thesis comprises four chapters, where the first chapter provides brief overview of the legislation regulating personality rights and rights to protection of health in the Czech Republic. Chapter two provides more detailed overview of personality rights and rights to protection of health of an individual in the current Civil Code and it also serves as theoretical basis for the following chapters. Chapter two especially describes the content of personality rights and rights to the health of the individual, and identifies the parties entitled to sue and having the capacity to be sued. Chapter two also describes the circumstances under which the interference with the protection of personality is permissible and also the means of protection of personal rights which the damaged individual has. The essential part of this thesis is focused on the relation of the (non)pecuniary claims arising from the unjustified interference of personal rights protection pursuant to sec. 11 and following of the Civil Code and the damages to compensate physical injury...
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