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Air carrier's liability to passengers
Suková, Petra ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Air carrier's liability to passengers Abstract The thesis deals with the civil liability of a carrier towards passengers in air transport. The current legislation is unevenly spread over three levels - international, European and national - with its core being enshrined in the Montreal Convention, the scope of which is extended to all EU carriers by an EU regulation. The thesis analyses the relationship between the different levels of regulation. Particular attention is given to the exclusivity character of the rules contained in the Montreal Convention and the disputed interpretation of the exclusivity rule in legal theory and judicial practice. The author focuses on two main areas of air carrier liability to passengers and identifies problematic aspects of their legal regulation, stemming mainly from the lack of definitions of key terms. The first area is liability in the event of personal injury, where attention is given to the interpretation of the concept of an accident resulting in death or bodily injury to a passenger, and then to the interpretation of the concept of bodily injury, with a focus on the possible inclusion of psychological injury. The second area is the liability of the carrier in the event of delay; here the thesis examines the relationship between parallel regulations at international...
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Sale per aversionem
Jakubec, Radim ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
1 Sale per aversionem Abstract The aim of the diploma thesis is to carry out a thorough analysis of the legal institute of a bulk sale from the point of view of its diachronic development and the effects of the application of this legislation in the sphere of rights and obligations of the addressees of legal norms. In the first part of the thesis, with the help of historical legal sources, the development of the form of the institute is gradually reconstructed in the legal sources of ancient Rome, the region of Central Europe and finally in the borders of the territory of Czech statehood. The second part of the work is devoted to the current wording of the summary institute, its attributes, the applicability of the provisions on the summary and other related issues. In the introduction of the second part, emphasis is placed on the linguistic analysis of the current wording of the provision, which is subjected to grammatical, semantic and syntactic analysis. The linguistic analysis is followed by a legal analysis, which examines the conditions necessary to be able to use the provision on the transfer in aggregate in accordance with the legal regulations. The conclusions made about the conditions of use are followed by chapters on alternative and dissenting views on the issue in question. At the end of the...
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Civil liability of expert witnesses
Lukášová, Karolína ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Civil liability of expert witnesses Abstract This diploma thesis aims to point out the risks related to expert assessments as well as describe the kinds of harm that the violation of expert's duties can cause. Furthermore, the thesis also presents the options for seeking redress in such cases. The new legislation which came into force in the beginning of 2021 brought many important changes. The main objective of the new act in the expert witness area is to set precise and detailed rules for the expert assessments and to raise the standard of expert reports. One of the instruments used to achieve this objective is the strengthening of the liability of experts, including the implementation of the civil liability of experts for damage caused by the professional services offered. Even though the concept of liability of expert witnesses for damage is not completely unknown in the Czech Republic, legal literature has neglected this topic so far. In contrast, articles related to the public liability of experts can be found regularly. Due to the different purpose of criminal and administrative proceedings, an individual has no guaranteed subjective right to claim for redress and compensation in these proceedings. That is why such rights must exist within private law. The diploma thesis presents a detailed analysis...
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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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The duty to prevent damages and its impact in individual legal regimes
Klein, Šimon ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Duty to prevent damage and its effects in particular legal branches Abstract: The purpose of my thesis is to analyse the duty to prevent damage in the context czech of legal system, to prove that prevention is integral to the system of civil liability and examine special consequences of this duty outside the scope of civil law, i.e. in criminal and administrative law. The reason for my research is increasing importance of revention in modern legal discourse. The thesis is composed of six chapters, each of them dealing with different aspects of the principle of prevention and its development. Chapter One is introductory, analyses and defines the phenomenon of prevention in the civil law. The chapter is subdivided into four parts. Part one briefly describes the emphasis on the prevention in civil liability by the law and economics. Part two analyses the principle of neminem laedere and its importance within the principle of prevention. Part three draws conclusions from the preceeding parts and defines the duty to prevent damage in the civil law. Part four then describes who might be the subject of such a duty. Chapter Two examines the development of the principle of prevention within the czech legal system and examples of relevant case law. It is subdivided into four parts, examining succesive civil codes...
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Prerequisites for the obligation to compensate for personal injury from the provision of health services
Pokorná, Lucie ; Šustek, Petr (advisor) ; Elischer, David (referee)
Prerequisites for the obligation to compensate for personal injury from the provision of health services This rigorous thesis is aimed on prerequisites which must be fulfilled in order to qualify for the compensation for the personal injury, taking into account the specifics that are related to the provision of health services. In case of dispute is the most difficult to prove infringement of the doctor and the causation between the infringement and subsequent damage. For this reason, together with the personal injury part, this is the core of this thesis. In this thesis, I first focus on civil liability in general and build on the issue of civil liability with regard to the provision of health services. There is also a chapter dedicated to health services and directly embedding this area in the legislation. The other parts are divided according to the individual assumptions of the obligation to compensate for personal injury, namely the infringement, the personal injury, the causation and the culpability. In each section, I try to bring the assumption on a general level and consequently with regard to the specifics that are associated with the provision of health services. The third part deals with the first assumption, it is an infringement. In connection with the provision of health services, I...
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Civil liability in medical law
Saidamová, Suzan ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract Thesis title: Civil Liability in Medical Law The main topic of this thesis is to analyze individual cases in czech medical law after the civil law codification. I would like to perform complete concept of civil liability in medical law, especially the liability for the damages. Different types of civil liability will be eleborate in detail, mainly though scientific literature and case law. The thesis consists of seven chapters. In the first chapter, I describe medical law in historical context relevant for the topic and also I introduce current legislation of medical law at all hierarchical levels included international agreements. In the second chapter, I desribe one of the most important concepts in medical liability law - concept called lege artis. The next chapter gives a brief introduction in the healthcare issues and is divided into several subchapters. In first three chapters there are also define the basic terms about health and disease. The fourth and fifth chapters are devoted to the actual liability for damages. The sixth chapter deals with civil protection of doctors and other medical employees. The last chapter is summary. It is evaluation of selected issues in health care. The aim is to introduce a new law conception and present particular types of obligation to compensate. The new...
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Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
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Civil liability in healthcare
Jurnečka, Filip ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Civil liability in healthcare Abstract The topic of this master thesis is civil liability in healthcare. The aim of the author of this master thesis was to provide an analysis of the existing legislation, while also discussing individual aspects of legal liability, lex artis and as well as the individual actus reus of the duty to provide compensation for damage. The first chapter of the thesis deals with the hierarchical division of relevant legal sources with a focus on the regulation concerning the term lex artis. In the area of international law, the Convention on Human Rights and Biomedicine is discussed, which can be considered as a basis for national regulation, namely the Health Services Act. In conclusion, a brief explanation of the Code of Ethics issued by the Czech Medical Chamber is provided. In the second chapter, the concept of civil liability and its influence on civil liability is explained first and then the author of this master thesis discusses the individual conceptual theories of civil liability. It specifically concerns civil liability as a threat of sanction, sanction conceptual theory, other concepts of legal liability and a current view on this issue. It is followed by individual conditions of liability and its functions. The third chapter deals with the terminological analysis of...
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