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Duty of Care in Czech and German Civil Law
Scholle, Jan ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Duty of Care in Czech and German Civil Law Abstract The thesis deals with the importance of duties to prevent damages (duties of care) in Czech civil law. It focuses on detailed analysis of a few provisions of the Czech Civil Code. The main attention is focused on s. 415 of the Civil Code (Act No. 40/1964 Coll, the Civil Code, as amended; "OZ") establishing "the general duty of care". Findings about duties of care in the Civil Code are compared to a system of duties of care in German law of delict and additionally discussed using tools of economic analysis of law. The paper results in recommending changes in wording and interpretation of the duties of care and their comparison with the wording established by Act No. 89/2012 Coll., Civil Code ("NOZ"), effective from 1 January 2014. Chapter One examines development of interpretation of main provisions of OZ establishing duties of care. It briefly analyzes basic aspects of law of delict of OZ. It makes use of these findings in order to describe a position of duties of care in law of delict and limits of their interpretation. The main imperfections of their interpretation are illustrated on a couple of judicial decisions. Chapter Two briefly describes the system of law of delict under the German Civil Code ("BGB"). The chapter explores criteria of application...
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Duty of Care in Czech and German Civil Law
Scholle, Jan ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Duty of Care in Czech and German Civil Law Abstract The thesis deals with the importance of duties to prevent damages (duties of care) in Czech civil law. It focuses on detailed analysis of a few provisions of the Czech Civil Code. The main attention is focused on s. 415 of the Civil Code (Act No. 40/1964 Coll, the Civil Code, as amended; "OZ") establishing "the general duty of care". Findings about duties of care in the Civil Code are compared to a system of duties of care in German law of delict and additionally discussed using tools of economic analysis of law. The paper results in recommending changes in wording and interpretation of the duties of care and their comparison with the wording established by Act No. 89/2012 Coll., Civil Code ("NOZ"), effective from 1 January 2014. Chapter One examines development of interpretation of main provisions of OZ establishing duties of care. It briefly analyzes basic aspects of law of delict of OZ. It makes use of these findings in order to describe a position of duties of care in law of delict and limits of their interpretation. The main imperfections of their interpretation are illustrated on a couple of judicial decisions. Chapter Two briefly describes the system of law of delict under the German Civil Code ("BGB"). The chapter explores criteria of application...
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Do Subsidies from the Operational Programme Enterprise and Innovations Improve Financial Performance of their Recipients?
Scholle, Jan ; Pavel, Jan (advisor) ; Dufek, Luboš (referee)
The thesis is focused on the effectiveness of the subsidies granted from the structural funds of the European Union. Its aim is to verify whether subsidies improve financial performance of their recipients. The thesis is based on the theoretical concept of subsidies and empirical studies proving their either positive or negative effects on the economy. It further analyzes effects of subsidies granted from the Operational programme "Podnikání a inovace" (Enterprise and Innovations) on financial performance of their recipients in following years using the instruments of statistics and econometrics. The results are compared with financial performance of the members of a control group consisting of unsuccessful subsidy applicants in respective period. The thesis comes to the conclusion that subsidies have very weak positive effect on financial performance of their recipients.
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Possibilities of imposition fines on individuals in public procurement review
Scholle, Jan ; Pavel, Jan (advisor) ; Zídková, Hana (referee)
The thesis focuses on the possibility of implementing imposition fines on individuals who act against public procurement law in the Czech Republic. It is based on current method of sanctioning only legal entities in case the Czech public procurement law is infringed. It also describes the possibility to shift thus imposed fines to individuals, which is considered insufficient. For this reason the thesis argues in favour of change. The thesis seeks for inspiration in both international and European legal documents on public contracts, but the most important contribution is a comparative analysis of the respective laws on public procurement in almost all member states of the European Union. Based on the obtained data, the thesis comes up with four different systems of penalizing individuals in the member states and uses them for proposing three possible models of punishing the individuals in the Czech Republic.
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