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Legal aspects of providing health care to minors
 Obrázek, Jan ; Salač, Josef (advisor) ; Šustek, Petr (referee)
LEGAL ASPECTS OF PROVIDING HEALTH CARE TO MINORS This thesis deals with the legal aspects of providing health care to minors in the Czech Republic and in Ireland, and compares the approach to regulation. Regulation of healthcare has undergone a significant change since the ratification of the Convention on Human Rights and Biomedicine. The traditional notion of the doctor-patient relationship as a paternalistic relationship has been abandoned and replaced by an equal relationship - partnership. This change culminated in the adoption of the Health Services Act as well as in other laws adopted in the framework of the reform of health care law. The adoption of the Civil Code could be seen as the final contribution in the discussion of the doctor-patient relationship. The Civil Code includes provisions regulating health care treaty, as a named type of a contract, leaving no doubt about the private-law nature of the doctor-patient relationship. The relationship between the Civil Code and the Act on the Provision of Health Services is complicated and requires the principle called lex specialis derogat generali to be applied. However, for the correct application of this principle it should be remembered that the Civil Code provisions are in some cases very detailed and that some provisions of the Civil...
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