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Liability of a legal person in perspective of the doctrine of vicarious liability
Holcová, Eliška ; Beran, Karel (advisor) ; Tryzna, Jan (referee)
Liability of a legal person in perspective of the doctrine of vicarious liability The purpose of this thesis is to present a comparative analysis of the doctrine of vicarious liability with the Czech legal regulation of legal liability of legal persons. The doctrine of vicarious liability has been developed in the common law and is applied mainly in the field of liability of an employer (typically a legal person) for the torts of an employee or an agent of the employer. It has a long tradition in the common law, as the origins of the doctrine can be traced back to the 13th century. On the other hand, the Czech legal regulation of legal liability of legal persons has been established relatively recently. This means that a comparative study of these two legal systems may provide possible de lege ferenda suggestions for the Czech legal system, which may find inspiration in the common law. In connection with this aim of the rigorous thesis, two partial aims can be outlined, which are necessary for the comparative study itself. These aims are the analysis of the doctrine of vicarious liability and the analysis of the Czech legal regulation of legal liability of legal persons. The first part of the rigorous thesis is an introduction to the issue of legal liability, as it deals with legal liability in...
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Usage of artificial inteligence in legal services
Hudík, Lukáš ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
1 The usage of artificial inteligence in the legal practice Abstract This thesis deals with the phenomenon of artificial intelligence and its use in the the legal practice, as well as its impact on the related legal profession. The main objective of the thesis was to evaluate the current regulation of artificial intelligence at both the general and professional level in this country and around the world. Artificial Intelligence, or better said, the artificial intelligence system, is undoubtedly a topical and widely discussed topic that has rapidly come into the public consciousness in the last three years and has the potential to change the current majority of economic sectors as we currently know them. Its media coverage and often deliberately offensive article headlines, however, have often led to questions such as "won't I lose my job because of AI", even in professional circles? "Why should I use AI?" Thus, the main methodology used in this paper is empirical research into the AI systems phenomena, and the subsequent application of the findings to existing AI-based legal tools. I will thus attempt to answer the question of whether AI is a threat or rather an opportunity for the future of advocacy, and how it should be approached. The thesis also deals with related issues, i.e. phenomena such as forum...
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Legal relations between professional athletes and sports clubs in team sports
Růžička, Hynek ; Kohout, David (advisor) ; Beran, Karel (referee)
Legal relations between professional athletes and sports clubs in team sports Abstract The presented rigorosum thesis focuses on the legal relations between professional athletes and sports clubs in team sports. The thesis investigates professional sports contracts concluded between professional athletes and highest-level sports clubs in the Czech Republic and abroad across various fields of collective sports, in particular, contracts in ice hockey, football, basketball and cycling. The presented thesis compares domestic contracts with international professional sports contracts concluded under the most prestigious sports competitions in the USA and contracts from the Finnish top ice hockey league. The legal status of professional athletes in the Czech Republic as subjects of legal relations is examined in detail before the professional sports contracts are assessed. Consecutively, the admissibility of particular contractual arrangements under specific legal regulations is evaluated. In particular, the legal status of professional athletes is analysed in the light of the case law of the supreme courts of the Czech Republic. Moreover, the CJEU case law and its long-standing decision-making practice in this area are considered. The interpretation includes an assessment of national, European and international...
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Legal responsibility
Pražák, Pavel ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
- Legal responsibilty Pavel Pražák The purpose of my thesis is to analyze the institute of legal responsibility that is very often used in the Czech doctrine and in legal acts. The reason for my research is to clarify the clear content of this term. The thesis is composed of two parts, each of them using a different method. Part One is deductive. It is divided into eight chapters. Chapter One is introductory and defines the term "responsibility" according to the common Czech language and clears the terminology used in the thesis. Chapter Two examines mechanisms of Roman law similar to the contemporary legal responsibility. It deals primarily with the institutes of "nexum" and "stipulatio". Chapter Three concentrates on the function and role of legal responsibility in law. It defines its most universal function as well as its concrete roles. Chapter Four is subdivided into four subchapters and provides an outline of relevant Czech doctrinal concepts of legal responsibility, such as the concept of active responsibility or the sanction doctrine. It also deals with the classification of the concepts provided by Josef Macur in the 80's. Chapter Five describes the German doctrine in the field of legal responsibility. It clears the German terminology, deals with the doctrine of "Schuld und Haftung" and...
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The legal nature of a trust (legal and comparative analysis)
Urban, Ondřej ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
59 ENGLISH ABSTRACT The purpose of this thesis is an interpretation of English trust law, including historical context and comparative application of the acquired knowledge on the Czech legal institute of "svěřenský fond". A critical assessment of the legal regulations governing "svěřenský fond" is followed by theoretical consideration of its legal nature. The work, except the introduction and conclusion, is divided into four main chapters, with the first chapter dealing with the historical roots of the trust. The reader will become familiar with the Roman fideicomissum, the English legal institute called "use" and its influence on the emergence of the law of equity. She will also learn how use turned into trust and what the economic reasons for such a change were. The second part defines the English trust, describes it and clarifies the three main conditions for its creation under applicable law - the three certainties. Further, it will explain who the settlor, trustee and beneficiary are, along with their rights and obligations. It also focuses on the three main types of trusts. Express trusts, created by an act of the settlor and the resulting and constructive trusts, which are created by decision of the courts. The third chapter concerns itself with the "svěřenský fond", as stipulated by the Czech Civil...
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Philosophical, theoretical and practical aspects of the legal regulation of doping
Krysl, Josef ; Beran, Karel (advisor) ; Kuklík, Jan (referee)
The purpose of this thesis is to analyze and criticise actual arrangement of Legal Regulation of doping, predict future development and offer diferent possible solution. This thesis is composed of five chapters. Chapter one is an introductory part and briefly describes problem of abusing performance enhancing substances in elite sport. Following part covers main definition of sport as activity and explain relation between sport and law as well as in 'sports rules' imposed by private organisations as World Anti-Doping Agency or Czech Anti-Doping Committee. The third chapter covers the history of doping, briefly explain the physical efects on human organism and define supportive social factors of doping. Part of third chapter is also exposing hidden danger of taking performance enhancing substances in amateur sport. The third part describes main elements of world antidoping regulation and show how world regulation infulences Czech Legal Regulation. I put emphasis on analysing the World Anti-Doping Code and principle of strict liability wich is based on. Fifth Chapter evaluates findings from fourth chapter and tries to find alternative of approach based on zero tolerance for performance enhancing substances, also this chapter identifies and articulates the principal rationales for the regulation of the doping,...
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Theoretical Issues of the Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union
Ondřejová, Zuzana ; Beran, Karel (advisor) ; Hřebejk, Jiří (referee)
Theoretical Issues of Civil Legal Status of the Sportsman in the Legal System of the Czech Republic and the European Union The reson why I chose this topic for my final thesis is fact, that I am still an active basketball player. During my studies at The Faculty of Law I have started to be more interested in problems of mutual relationship between sport and law. The main objektive of this thesis is in detail to describe and analyze whether, in conformity with valid legal rules, is a professional sportsman in the legal status of the sole trader, in the legal status of the person practising his profession on a free-lance basis or in the legal status of an employee. In the introduction chapter, an analysis of a concept "sport" is performed. Sport is therein defined, number of its characteristic features are described including the division into a recreational sport, achievment sport and professional sport. Another part of this charter is focused on the concept "sportsman" which brings the definition and differences among amateur, paraproffesional and professional sportsmen. Sport in contemporary conception, especially the professional one, undoubtedly has to be regulated by law. The last part of this chapter deals with the issue how law regulates sport and how the frontier between sporting rules and legal...
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Theoretical considerations on the liability of a sportsman in the Czech legal system (liability of a sportsman in collective sports)
Vondráčková, Liběna ; Beran, Karel (advisor) ; Hřebejk, Jiří (referee)
Závěrem lze konstatovat, že vytvořit všemi přijatelnou obecnou definici sportu, resp. sportovce, je úkol, který se zatím nikomu nepodařilo úspěšně vyřešit. Existence takové definice má svůj nesporný význam už jen proto, že chceme-li se zabývat "právní odpovědností sportovce", je třeba nejprve vymezit okruh osob, jichž především se předestřené úvahy týkají. Skrze historický vývoj jsem se v kapitole druhé pokusila naznačit rozsah sportovní činnosti, která je z hlediska požadavku jednotné obecné definice díky svému fenomenálnímu rozměru velice těžko uchopitelná. K významu této definice se pak znovu vracím v kapitole čtvrté v rámci vymezení subjektu odpovědnostních vztahů. Mnou zvolená definice je jistě jen jedna z mnoha možných a neklade si nárok na její bezvýhradné přijetí. Kapitola třetí je věnována exkurzi do historie, kde se vracím až na samotný počátek evropské civilizace, tj. do období antických Řeků a Římanů. Platí-li to pro práci jako celek, tak pro tuto kapitolu dvojnásob, totiž že s ohledem na limitovaný rozsah nemůže obsáhnout zkoumanou látku komplexně. Vedle zajímavého odkazu středověku v oblasti hodnocení sportovních úrazů je tedy věnována pozornost toliko pouze Antice. Nikoli však neprávem, neboť zde můžeme nalézt velmi inspirativní a obdivuhodně nadčasové myšlenky použitelné i ve 21. století....
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