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Compensation for mental suffering of primary victims
Linhartová, Denisa ; Elischer, David (advisor) ; Lederer, Vít (referee)
Compensation for mental suffering of primary victims The basis of the thesis is the hypothesis that the current systems of compensation for bodily harm in civil and labor law do not allow for effective compensation for psychological injuries and mental disorders, since they do not devote even one, respectively just one item, of this type of harm in the hundreds of items of bodily harm. Therefore, the aim of the thesis is to analyze the current system of compensation for bodily harm from the perspective of mental disorders, to reveal its deficiencies and to present de lege ferenda proposals so that a comprehensive system is created that will allow the most effective compensation for all types of bodily harm. In order to verify the hypothesis, in Chapter 1 the thesis evaluates the historical development of the compensation for psychological injuries and the invalid legislation, the deficiencies of which are a valuable basis for the suggestion of truly effective de lege ferenda proposals. Chapter 2 analyses the compensation of each bodily harm claims (pain, impediment to a better future and other non-pecuniary harm) from the perspective of mental disorders under civil law and, with the help of examples from practice and extensive case law, reveals the limits and deficiencies of the Supreme Court...
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A pain and suffering as a basic personal injury claim
Felix, Vojtěch ; Šustek, Petr (advisor) ; Salač, Josef (referee)
[A pain and suffering as a basic personal injury claim] Abstract The thesis deals with the topic of compensation for pain and suffering as a basic claim for personal injury under Section 2958 of Act No. 89/2012 Coll., Civil Code. The aim of this thesis is to form a basic overview of the examined issue in the Czech Republic and England and their subsequent critical comparison. This thesis is divided into five separate chapters, each dealing with a different part of the issue of pain and suffering from the perspective of Czech and English legislation. In the first chapter, the author discusses important elements and institutes of the previous legal regulation of pain and suffering, especially with regard to their relationship and influence on the current regulation of compensation for pain and suffering under the Civil Code. The author pays special attention to the Decree of the Ministry of Health No. 440/2001 Coll., on compensation for pain and hardship of social employment. The second chapter of the thesis is devoted to individual claims that victims are entitled to claim in the compared legal systems. Within this chapter, the author further focuses on the strengths and weaknesses of the concepts of compensation for non-pecuniary personal injury as a single claim and as a system of partial claims. The third...
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Compensation for non-pecuniary damage in case of bodily injury and death
Zakonovová, Barbora ; Salač, Josef (advisor) ; Zvára, Michael (referee)
Compensation for non-pecuniary damage in case of bodily injury and death Abstract The aim of this thesis is to provide the reader with a comprehensive insight into the issue of compensation for non-pecuniary damage in a case of bodily injury and death, focusing on the individual claims that Act No. 89/2012 Coll., the Civil Code, grants to the injured party. These are pain and suffering, compensation for difficulty of social integration and compensation for other non-pecuniary injuries. The author tries to capture the most significant changes that this regulation has undergone during the recodification of private law in 2014 and subsequent changes. The introductory chapters are of a more general nature and contain an important basis on which the regulation of compensation for non-pecuniary damage in personal injury and death is built. In particular, the concept of non-pecuniary damage itself, the change of terminology within the framework of the recodification, the systematics of compensation for damage, the transition of the perception of liability as a sanction (liability for damage) to liability for human conduct or compensation for damage to natural rights or personality rights are discussed. The core of the thesis is a detailed analysis of the provisions of Sections 2958 and 2959 of the Civil Code,...
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Harm to health - comparative analysis
Kolářová, Magdalena ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
In dieser Masterarbeit wird die Problematik des Gesundheitsschadens im tschechischen und im deutschen Zivilrecht beschrieben. Das Ziel dieser Arbeit ist, eine Übersicht über den Gesundheitsschutz in beiden Rechtsordnungen, und darüber, wann die Gesundheit verletzt wird und welche Folgen daraus entstehen, zu bieten. Dazu wurden die komparatistische Methode und die analytische Methode benutzt. Die Arbeit wird in drei Hauptkapiteln gegliedert, die ersten zwei widmen sich der Regelung in der deutschen und der tschechischen Rechtsordnung und das dritte der Komparation. Die Aufmerksamkeit wird zuerst der verfassungs- und internationalrechtlichen Verankerung des Lebens- und Gesundheitsschutzes geschenkt. Weiter wird geringfügig die vertragsrechtliche Haftung beschrieben. Die Hauptaufmerksamkeit wird der deliktischen Haftung geschenkt - es werden die Voraussetzungen für ihre Entstehung, sowie auch die Art und der Umfang des Schadensersatzes erläutert. Selbständig wird auch der Körper als der Objekt des zivilrechtlichen Schutzes beschrieben, und es werden auch die Fälle der sogenannten "wrongful birth", bzw. Kind als Schaden und "wrongful life", sowie auch die Sekundäropfer erwähnt. Der deutsche Teil erhält zusätzlich auch die Beschreibung der Haftung für vorvertragliche Pflichtverletzungen und der Verträge...
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Civil liability for the harm to health caused during medical treatment under Czech and German law (a comparison)
Resl, Matěj ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This diploma thesis compares the Czech legal regulation of civil liability for bodily harm caused during medical treatment to the German legislation on the matter. In this case, the German legal regulation can serve as a source of inspiration due to its stable development. Both legal regulations can be assessed with respect to the rules being preferable either for the harmer or the sufferer. Concerning the provisions within the German law that are preferable for the patient, they cover e.g. the origin of liability for bodily harm caused by all participating persons providing the medical treatment while doing a tortious act, including the direct liability of persons who are "used by the activity". Due to the broader concept of harm in the German civic law the patient has a right for damages based on a generally defined nonmaterial harm, where the conrete amount of damage is determined by the court. The German legal regulation is preferable and more equitable especially for young injured, in which case the assessment of damages for the salary lost is not based only on the average salary of the sufferer before the harm was caused, but it also reflects the lifetime salary, which the injured could have achieved, had the bodily harm not been caused. By contrast, some provisions in the German legislation...
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Damages in cases of bodily injury
Piptová, Martina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
in English The final thesis mainly deals with the description and evaluation of the development of civil legislation on compensation for non-pecuniary damage to health in connection with the adoption of the New Civil Code. The main purpose of the thesis is to analyse the manner of determining the amount of reparation of non-pecuniary damage, including comparisons of the compensation according to the Methodology of the Supreme Court with the previous system of compensation in connection with non-material injury. The first chapter approaches the theoretical background important for the establishment of the obligation to compensate non-material damage, mainly legal tort liability and the related preconditions for its emergence, i.e. the unlawful conduct, formation of the damage, causation and fault. Next chapter describes the individual claims included in non-pecuniary damage, i.e. claims for suffered pain, social impairment and mental suffering, including discussion whether these claims remain individual under the New Civil Code. The third chapter, as the core of the whole thesis, describes the method of determining the amount of compensation for non-pecuniary damage caused by bodily injury, particularly in relation to the Methodology of the Supreme Court of the Czech Republic issued for the purpose...
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Civil law aspects of health protection
Vopěnková, Zdenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The subject of this paper is the civil law aspects of health protection. The aim of the thesis is to analyse the relevant law concerning the topic and compare it to regulation suggested in the new civil code. Considering the breadth of the topic, the thesis does not deal with all aspects of this issue but just focuses on some of the most debatable questions. Not only the current law and related literature is considered, but a particular emphasis is also put on related case law. In some parts the paper also takes into consideration the fundamental masterpiece of European tort doctrine - Principles of European Tort Law (PETL). The thesis is composed of five chapters, each of them dealing with different aspects of the topic. Chapter One provides an outline of relevant Czech and international law. Chapter Two analyses the concept of right to health protection as a part of personality protection and deals with its object, content and subjects. Chapter three is devoted to the unlawful infringement of the right to health protection and its consequences. Chapter Four focuses on civil law responsibility for unlawful infringement and on the circumstances which are necessary for the responsibility for injury to health to arise and also on the subjects to this responsibilty. This chapter also includes problems...
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Damage to health: comparative study
Lachváčová, Zuzana ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Damage to health: comparative study The final thesis deals with the issue of damage to health in the Czech, American and French legislation and case law. The work deals with individual claims arising from injuries and thesis describes the criteria and methods of compensation for these claims. The thesis is divided into three chapters, which are further divided into subsections and subchapters. The first half of the thesis describes the legislation of damage to health and personal injury in the Czech law. This part focuses on the conditions that must be met in order to create an obligation of compensation for personal injury. It also describes the damage to health and its partial claims which may be compensated and it describes the process of determining the amount of damages according to the Methodology of the Supreme Court. Final part of this chapter deals with damages to health caused by medical malpractice. The second half of the thesis is divided into two parts, the first part deals with the US legislation of compensation for damage to health and the second part concentrates on the French legislation which deals with this institute. In the chapter devoted to American law, the work describes the different types of personal injury compensation, which developed in the United States. The thesis...
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Liability for damage to life and health in labour relations
Čadská, Silvie ; Bělina, Miroslav (advisor) ; Štefko, Martin (referee)
Liability for damage to life and health in labour law (Abstract) This rigorous thesis deals comprehensively with the employer's liability for non-pecuniary damage caused by employees - ie damage to life or health of an employee in an employment relationship, ie both an employee and an employee working on a work agreement or work agreement. Civil servants will not be left out of the assessment either, as the amendment to the Civil Service Act refers in many respects to the Labour Code. The thesis contains a discussion of the basic institutes of liability with a focus on the prevention and prevention of risks in the workplace, a description of basic concepts in the field of accidents at work and occupational diseases, the extent of compensation. The text describes the system of individual compensations and the possibility of their application by the employer. The text of the thesis does not focus on a mere description of the current legislation but complements the individual institutes with short case studies from practice, which reflect, among other things, whether the legislation really responds flexibly to labour market needs. One separate chapter is also devoted to the comparison of double-tracking of the regulation of compensation for accidents in the civil and labour law regime - this double-tracking is...
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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Růžička, Květoslav (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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