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Damage resulting from operating activities
Voříšek, David ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
Damage resulting from operating activities Abstract The thesis is devoted to the factual basis of damage from operational activities under the provisions of Section 2924 of the Civil Code, as a special legal regulation in relation to the general regulation of the obligation to compensate for damage. Firstly, the thesis explains in detail what is meant by operational activity itself, while it is disputed in the doctrine whether its features also include an increased risk of damage. This is followed by a thorough analysis of the case-law, from which criteria are derived to determine whether or not the damage is caused by an operational activity. On the basis of these criteria, a test for operating damage is defined, which represents a thought process that should help in making this determination and thus establish a uniform and more predictable procedure than is currently the case, where individual judges approach this determination in very different ways. It has also emerged from case law that courts, including the Supreme Court, although stating the opposite in some decisions, do not consider an increased risk of damage to be a mandatory feature of operational activity. Secondly the thesis addresses the question of what type of legal liability is involved. Although the doctrine for the most part leans...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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The Concept and Development of Strict Liability in Czech Tort Law and its Inspirational Sources
Lovětínský, Vojtěch ; Elischer, David (advisor) ; Doležal, Tomáš (referee) ; Petrov, Jan (referee)
The Concept and Development of Strict Liability in Czech Tort Law and its Inspirational Sources Abstract The thesis deals with an analysis of strict liability in Czech tort law taking into account the inspirational sources of its regulation, including in particular German and Austrian law, the Principles of European Tort Law (PETL) and the Draft of Common Frame of Reference (DCFR). Further, a historical and possible future development of strict liability is analysed as well as the risks for which strict liability is imposed. The thesis is divided into two main parts. The subject-matter of the first General Part is especially the concept of the strict liability and the reasons for its application. Further, some related problems are analysed in this part which are relevant for the legal theory as well for the legal practice (e.g. defences, contributory negligence, possibility of the concurrence of claims). The subsequent Special Part contains an analysis of the types of strict liability and consists of four main chapters. The first chapter deals with a short overview of the historical development of the strict liability in Czech tort law. In the second chapter particular types of liability in the effective Czech Civil Code are presented and critically evaluated. In the third chapter the author deals with some...
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Sports Arbitration
Vochoska Haindlová, Markéta ; Kohout, David (advisor) ; Ondřejek, Pavel (referee)
Sports arbitration Abstract In this thesis, I address international sports arbitration and its application to solving a variety of legal issues. Simultaneously, I describe significant issues related to doping and performance enhancing substance abuse. I provide thorough analyses of individual international arbitration bodies; their governance over athletic environment, and appeal and dispute resolution procedures. This thesis points out selected organizational and procedural issues of international arbitration and its bodies and suggests possible solutions. I use a number of significant and notable arbitration cases (including legal case of a client I personally represented in front of the Court of Arbitration for Sport) to support argument. Keywords: sports law, arbitration proceedings, International Court of Arbitration for Sport, strict liability, doping
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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Liability for Damage Caused by a Defective Product
Šťovíček, Petr ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
Dissertation Thesis Abstract - Liability for Damage Caused by A Defective Product JUDr. Petr Šťovíček The subject-matter of the dissertation thesis is the relationship of legal liability for damage inflicted upon a consumer by a defective product. The paper describes the statutory definition of the relationship, in particular, without limitation, the preconditions to the establishment of liability of the individual entities on the part of entrepreneurs participating in all phases of the product distribution from the moment of its manufacturing, or, as the case may be, it import to the Czech Republic, to the moment of its sale to the end consumer; limits of the liability and possibilities through which the consumer may claim compensation of the caused damage. The first part of the paper focuses on the above mentioned issued of general legal regulation applicable to liability, its historical development and types; it has a rather generally descriptive nature. Special civil law regulation of liability is provided for also in a number of special Acts, in particular in Act No. 59/1998 Coll., on Liability for Damage Caused by A Product Defect. The second part of the thesis provides an outline of the legal regulation covering the sphere of consumer protection with respect to liability relationships incurring in...
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