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Chosen problems of the consumer protection
GRUZOVSKÁ, Sandra
The aim of the work is to find out if people know their consumer right. The next aims are to explored the reason behind the eventual ignorace of the law, to find out if people are satisfied with their rights and if they understand their rights and to suggest the measures or possibilities of improvement.
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Ethics on the Internet (Etiquette)
Malá, Kateřina ; Sigmund, Tomáš (advisor) ; Vaněk, Jiří (referee)
This thesis addresses the issue of ethics on the Internet. The first part focuses on a brief history of the development of ethics and ethical principles used even today. The second part is devoted to information ethics, which is an integral part of the Internet, since it deals with the creation, dissemination, transformation, storage, search, use and organization of information, and also deals with specific standards, codes and principles that were created either specifically for the Internet or are now an integral part. The third part is devoted to valid Czech and European legislation in the field of information work in various media, including on the Internet. The final section is devoted to the evaluation of the current situation of ethics on the Internet, where they described the problems with which we meet today. Such problems are violations of copyright law, whether piracy or plagiarism, threats associated with Internet communications, kyberstalking, cyberbullying, kybergrooming or activity on social networks. In addition, problem situations are mentioned online trading, which are currently controlled by many associations, consumer protection or influence of the media and advertisements, and incessant problem of censorship. The final part is also added to the survey, which was created speficically for this work and proposal of possible solutions to improve the current situation.
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Pragmatism and humanism in nursing
HAUSEROVÁ, Ester
?Pragmatism and Humanism in Nursing?; it is the key subject of this thesis. It is trying to analyse both philosophical trends reflecting current situation of nursing. The academic part deals with philosophy such as humanism and pragmatism, followed by phenomenology and ethics. The following part refers to assisting careers, nursing, its history and philosophy, and the nursing rights. The final issue of this academic part is dedicated to the nurse chores, difficult tasks, burnout syndrome and hygiene of mind. The empiric part is aimed at receiving and processing of information through quality and quantity research. All respondents were general nurses and nursing students. The main focus of this thesis was to find the balance scale between nursing pragmatism and humanism and view the opinion of nurse while bringing those philosophical opinions into practice. Regarding to the results of this thesis it is obvious that there is a space for both of these philosophical trends though it is not particularly easy to mark which of these trends may currently prevail. At the same time there is not a clear opinion of participating nurses about bringing these trends into use. It proves that the exploitation of humanism and pragmatism elements is quite individual regarding the time and circumstances. Hypothesis and questions of research are evaluated within the final chapters. The results of this thesis reflect the constant problems which are generally recognised by both the nurses and the students of the nursing. Among the main problems of nurses are too much work and the lack of time. The last part of this thesis contains the attachments, which are related to the empiric part (such as questionnaires and question topics) and they present an idea of thematic supervisory plan, which would be aimed at solving the current problematic situation of a nursing practice.
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Use of software of third parties in commercial applications
Panáček, Jan ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Užití software třetích stran v komerčních aplikacích 99 English summary and keywords. Usage of third party software in commercial applications. This thesis deals with the legal implications of using software written by other parties (hereafter referred to as "third party software" in conformance with industrial practice) in the process of developing a commercial application. Software developers worldwide have always been looking for a way to minimalize their costs and efforts by reusing already available software components in their own new programs and thus not investing into reinventing the wheel. This process is mainly done by incorporating open source or public domain software. It is readily available through the Internet download under seemingly non-restrictive licenses. Other options are also possible, like adopting industrial standards or settling for commercial licensing of relevant technology from other developers. The goal of this thesis is to analyze this usage of third party software. From the legal point of view, main focus is on open source licensing, international copyright law and conformance of the Czech legal system with US, European and international licensing requirements. It also deals with other issues which arise from internet distribution of works, software development and patent...
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Christianity freedom - concept and problems of acknowledgement in canon law
Kolářová, Marie ; Hrdina, Antonín (advisor) ; Kašný, Jiří (referee) ; Šprunk, Karel (referee)
Christianity freedom - concept and problems of acknowledgement in canon law Key words: Theory and Philosophy of Law, Concept of Law, Freedom of a Christian, Morality, Rights of Catholics First part: The concept of freedom that is within philosophy and law theory understood in different meanings - distinction among transcendental freedom, freedom of choice and freedom in Christ. Second part: The concept of law; the relationship between law and values. The nature of canon law; is canon law a juridical or a theological science? School of thought in the contemporary debate about the nature of canon law. Law is one aspect of a complex social reality. I Third part: The nature of the Church; the visible and the invisible church. The renewed theological vision of the nature of the Church. The place of law in the Church. Two distinct ecclesiologies: one of the Church as sacrament and communion, the other of a juridicalIy organized perfect society. Fourth part: The close relationship of law norms and moral norms in the juristic regulation of the Church. The distinction between to conduct according moral and law norms. Framework of morality. Moral norms encourages persons to be virtuous. Fifth part: The fundamental human rights are .inseparably interconnected in the very person. The fundamental human rights...
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The relationship between the lawyer and his client under the contract of mandate
Čech, František ; Horáček, Vít (referee) ; Patěk, Daniel (advisor)
Relationship between client and attorney-at-law according to mandate contract Resume This thesis examines the legal relationship between a client and an attorney-at-law who conclude a mandate contract. Its aim is to characterize the most important rights and obligations which arise in such a relationship in accordance with valid Czech legislation, judicial decisions and disciplinary practice of the Czech Bar Association. The thesis begins with a description of the special role of attorneys-at-law in the market of legal services among other professions that are involved in provision of these services. Then it focuses on the legal nature of a commercial mandate contract, its comparison with a civil mandate contract according to Czech law, and examines whether such differences in fact have any impact on the rights and obligations in the client and attorney-at-law relationship. After a short analysis of the possible legal causes of a creation of the legal relationship between a client and an attorney-at-law and I focus on the different rights and obligations which are the content of the relationship. I start with a description of the attorney's-at-law right for remuneration and the limits of this right, where I notice the different legal views towards a success fee. Then I explain the attorney's-at-law duty to...
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Modifications of constitutional law in relation to the accession of the Czech Republic to the European Union
Dvořáková, Lucie ; Reschová, Jana (advisor) ; Syllová, Jindřiška (referee)
MODIFICATIONS OF CONSTITUTIONAL LAW IN RELATION TO THE ACCESSION OF THE CZECH REPUBLIC TO THE EUROPEAN UNION ABSTRACT The accession of the Czech Republic to the European Union was certainly one of the most important moments in the development of Czech legal order. The impact of this step may be seen in every branch of law - including constitutional law. The large number of publications on this issue indicates that the changes of constitutional law are an important issue in the Czech academic society. Yet, the literature is mostly fragmentary and mainly oriented at only some of the problems. This thesis tries to gather all the important changes in the branch of constitutional law, which occurred in relation to the Czech Republic's accession to EU. As the constitutional law is a very broad topic, the focus is laid on its institutional part and on the role of member states (and its institutions) within the EU. This thesis consists of an introduction, four chapters (which are further divided with respect to the single topics), and a final conclusion. In introduction, the focus of the thesis and basic questions are defined. Chapter One briefly follows the process of the Czech Republic's accession to the EU. Chapter Two deals with the position of Member States within the EU. It touches on issues such as the...
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Optimization of network flow monitoring
Žádník, Martin ; Lhotka,, Ladislav (referee) ; Matoušek, Radomil (referee) ; Sekanina, Lukáš (advisor)
The thesis deals with optimization of network flow monitoring. Flow-based network traffic processing, that is, processing packets based on some state information associated to the flows which the packets belong to, is a key enabler for a variety of network services and applications. The number of simultaneous flows increases with the growing number of new services and applications. It has become a challenge to keep a state per each flow in a network device processing high speed traffic. A flow table, a structure with flow states, must be stored in a memory hierarchy. The memory closest to the processing is known as a flow cache. Flow cache management plays an important role in terms of its effective utilization, which affects the performance of the whole system. This thesis focuses on an automated design of cache replacement policy optimized to a deployment on particular networks. A genetic algorithm is proposed to automate this process. The genetic algorithm generates and evaluates evolved replacement policies by a simulation on obtained traffic traces. The proposed algorithm is evaluated by designing replacement policies for two variations of the cache management problem. The first variation is an evolution of the replacement policy with an overall low number of state evictions from the flow cache. The second variation represents an evolution of the replacement policy with a low number of evictions belonging to large flows only. Optimized replacement policies for both variations are found while experimenting with various encoding of the replacement policy and genetic operators. The newly evolved replacement policies achieve better results than other tested policies. The evolved replacement policy lowers the overall amount of evictions by ten percent in comparison with the best compared policy. The evolved replacement policy focusing on large flows lowers the amount of their evictions two times. Moreover, no eviction occurs for most of the large flows (over 90%). The evolved replacement policy offers better resilience against flooding the flow cache with large amount of short flows which are typical side effects of scanning or distributed denial of service activities. An extension of the replacement policy is also proposed. The extension complements the replacement policy with an additional information extracted from packet headers. The results show further decrease in the number of evictions when the extension is used.
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Právní a zdravotně sociální aspekty činnosti OSPOD jako ustanovených opatrovníků v zámu nezletilých dětí
BORSKÁ, Jana
The Czech Republic as a signatory of the Convention on the Rights of the Child has vested the practice of state administration in the field of care for minor children to municipalities with extended powers, where the protection of the rights and legitimate interests of minor children is safeguarded by state authorities of social and legal protection of children (ASLPC hereinafter). These authorities are incorporated to the extent laid down by the Act on Social and Legal Protection of Children (Act No 359/1999 Coll., as amended). The position and roles of ASLPC and their competence and jurisdiction are also regulated by the same act. The position of workers of these authorities and its legal embodiment is equally important. Regarding professionality, there are high demands on these workers. In the Czech Republic, significant changes in legislature have been made over the past three years. These amendments have led to the strengthening of the rights of minor children and to the establishing of new tools for their protection. In connection with the adoption of new substantive regulation of family law, which is now exhaustively dealt with by the Act No 89/2012 Coll., the Civil Code, new procedural rules have been established regarding protection of rights of minor children. Such procedural legislation includes (apart from the long-existent Act No. 99/1963, the Code of Civil Procedure) the Act No 292/2013 Coll., on Special Civil Proceedings. The decision-making regarding minor children has been vested mainly by the state into the competence of courts. The courts appoint the locally relevant ASLPC as a guardian who then represents the interests of minor children. The purpose, interwoven with and derived from the first one, was to explore the opinions of selected social workers of ASLPC and of district court judges regarding the defined problems occurring during the work of ASLPCs and courts while protecting the interests of minor children. These particularly include: the use of the tool of precautionary measure; problems of different territorial jurisdiction of courts and ASLPCs; processing of complaints regarding bias in various phases of the proceedings; professional training of workers of ASLPC It is evident from the proposals of both judges and ASLPC workers that it is necessary to unify territorial jurisdiction. The courts are suggesting the priority criterion of the address where the child mainly resides. ASLPC workers suggest the official permanent residence as the prime criterion. Bias causes problems in all phases of proceedings. It is obvious that courts take differing approaches towards the solution of this problem (some courts solve the problem of bias complaints filed by the parties while other courts do not) and for ASLPC workers it is difficult to assess how to act when such complaint is raised against them. The training of ASLPC workers - workers are obliged to educate themselves and their employer is obliged to finance such training. Not all ASLPCs are able to provide training in the required extent - due to financial reasons (the average costs of education of one employee pose from 9,169 to 13,400 CZK annually and they cover approximately 6 days of training). The heavy work-load caused by insufficient numbers of ASLPC employees prevents them from completing such compulsory training. As part of the examination of the "participation of a collision guardian in court proceedings" it has been found out that irregular participation of the worker in the proceedings (absence from participation in appeals proceedings); incomplete reports (directed to courts) from surveys in families. Based on comprehensive examination of the problems of territorial jurisdiction, it was recommended that requests are independently recorded and financial compensation is provided for ASLPCs who are requested to represent minors in front of courts, to draft proposals for precautionary measures.
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