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Protection of personality in media with respect to relevant case law
Kozic, Juraj ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
in English This final thesis deals with protection of personality against unauthorized infringement through media. This topic is highly up to date in the present information society. The aim of this thesis is to provide basic information about this problematic topic to the reader. The core of this thesis is constituted by definitions of two fundamental human rights, namely freedom of expression and right for protection of personality. They frequently conflict each other, so the main focus is placed on the process of finding the balance between these two. Special attention is dedicated to definitions of criteria that have to be taken into consideration by courts in order to find impartial and just decision in every individual case and thus determine the borderline between protection of personality and freedom of expression. Therefore, this thesis focuses on relevant case law of general courts, Constitutional Court and European Court of Human Rights. Another important part of this work is based on description of legal remedies, which Czech legal system provides to protect the personality of an aggrieved person against interference by media. Afterwards, the emphasis is given especially on the instruments of civil and media law. This final thesis consists of six chapters. The first chapter contains...
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Liability for the damage caused by a thing
Kozic, Juraj ; Šustek, Petr (advisor) ; Elischer, David (referee)
The primary subject of this rigorous thesis, as its heading suggests, is the issue of civil liability, namely for the damage caused by the act or the use of a thing. The main aim of this rigorous thesis is to provide its readers with the comprehensive interpretation of the tort liabilities contained in the provisions § 2936 up to § 2938 of the New Civil Code in order for them to have a clear idea, on which cases and under what circumstances these tort liabilities shall apply. There are also examined the problematic parts of the above-mentioned legal provisions, respectively the pitfalls that may occur during their interpretation and application. In my opinion the tort liabilities in question are not used in the practice frequently, which shows also the fact that until today new judicature has not been developed to this relatively new legislation. This is despite the fact that these tort liabilities provide considerable potential for the enforcement of the claims in practice. It is then analyzed in detail regarding each of the above-mentioned tort liabilities, whether it is subjective or objective type of liability. From my point of view all these cases are the objective type of liability, in spite of some diverse opinions of legal doctrine. This conclusion also supports an increased interest in the...
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Liability for the damage caused by a thing
Kozic, Juraj ; Šustek, Petr (advisor) ; Elischer, David (referee)
The primary subject of this rigorous thesis, as its heading suggests, is the issue of civil liability, namely for the damage caused by the act or the use of a thing. The main aim of this rigorous thesis is to provide its readers with the comprehensive interpretation of the tort liabilities contained in the provisions § 2936 up to § 2938 of the New Civil Code in order for them to have a clear idea, on which cases and under what circumstances these tort liabilities shall apply. There are also examined the problematic parts of the above-mentioned legal provisions, respectively the pitfalls that may occur during their interpretation and application. In my opinion the tort liabilities in question are not used in the practice frequently, which shows also the fact that until today new judicature has not been developed to this relatively new legislation. This is despite the fact that these tort liabilities provide considerable potential for the enforcement of the claims in practice. It is then analyzed in detail regarding each of the above-mentioned tort liabilities, whether it is subjective or objective type of liability. From my point of view all these cases are the objective type of liability, in spite of some diverse opinions of legal doctrine. This conclusion also supports an increased interest in the...
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Protection of personality in media with respect to relevant case law
Kozic, Juraj ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
in English This final thesis deals with protection of personality against unauthorized infringement through media. This topic is highly up to date in the present information society. The aim of this thesis is to provide basic information about this problematic topic to the reader. The core of this thesis is constituted by definitions of two fundamental human rights, namely freedom of expression and right for protection of personality. They frequently conflict each other, so the main focus is placed on the process of finding the balance between these two. Special attention is dedicated to definitions of criteria that have to be taken into consideration by courts in order to find impartial and just decision in every individual case and thus determine the borderline between protection of personality and freedom of expression. Therefore, this thesis focuses on relevant case law of general courts, Constitutional Court and European Court of Human Rights. Another important part of this work is based on description of legal remedies, which Czech legal system provides to protect the personality of an aggrieved person against interference by media. Afterwards, the emphasis is given especially on the instruments of civil and media law. This final thesis consists of six chapters. The first chapter contains...
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