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Liability for damage caused by business operation of an entrepreneur
Tůma, David ; Čech, Petr (advisor) ; Hurychová, Klára (referee)
Liability for damage caused by business operation of an entrepreneur Abstract This thesis deals with the liability for damages from operational activities according to § 2924 of Act no. 89/2012 Coll., the Civil Code ("CC"), with the aim of defining the prerequisites of this liability, focusing on the concept of operation. The thesis also focuses on systematic interpretation, in particular for the purpose of negative definition of operation according to § 2924 CC, analyzing the meaning and purpose of the legal regulation, as well as answering the question whether the nature of the regulation can be considered as objective or subjective, comparing the current legal regulation with the previous regulation and the PETL regulation. The work focuses particularly on the case law of the Supreme Court, from which it aims to draw general conclusions. In addition, it also peripherally evaluates the related facts of liability for damages, in particular in order to negatively define the term operation. The thesis concludes that an operation is a gainful activity which is carried out with the intention of doing so on a continuous basis and which is achieved using technologies, objects or procedures which, by their characteristic nature, are characterized by a higher risk of damage to others, generally caused by their...
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Injured party in criminal proceedings
Uriková, Aneta ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
An injured party in criminal proceedings and his/her protection Abstract This Master's thesis is devoted to the analysis of the procedural rights and protection afforded to the injured party in criminal proceedings. This Master's thesis is divided into six chapters. The first chapter focuses on the analysis of the historical developments of the status of the injured party in criminal proceedings in the Czech law. The analysis commences with the Austro-Hungarian criminal procedural code no. 119/1873 Coll., the Czech Criminal code of 1950, its subsequent novelization in 1956 and the current Czech criminal code no. 141/1961 Coll., all the cited laws had a significant impact on the status of the injured party in criminal proceedings. The second chapter is dedicated to defining the term injured party, both via a negative and positive definition. Furthermore emphasis is placed on the distinction between the definition of the injured party from the perspective of Article 43 of the criminal procedural code, as such an injured party has the right to claim damages against the accused defendant and thus such an injured party might concurrently have the status of a subject in adhesion proceedings, and the injured party which does not have a right to claim damages. The third chapter is focused on defining the term...
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Industrial injury and occupational disease
Hoffmann, Matouš ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
This diploma thesis is dealing with issues of employer's liability for industrial injuries and occupational diseases and from that consequent obligation to compensate damage or non- material damage, through individual types of compensation. The first part provides a brief excursion into the development of the legislation on industrial injuries and occupational diseases and deals with the question of mandatory statutory insurance of the employer, implemented through two private insurance companies. The second part of the diploma thesis deals with the circumstances, which lead to emergence of employer liability for industrial injury. Substantial space is dedicated to situations where it may not be obvious at first sight that an industrial injury may occur. The industrial injuries resulting from teambuilding, business trip and injury originating from myocardial infarction are discussed in more detail. Further, here are defined the facts leading to the partial or total deprivation of liability by the employer. These facts are recklessness, own fault violation of regulations or instructions and drunkenness or misuse of addictive substances. The third part concerns with conditions under which the employer is liable for occupational diseases. The fourth part deals with individual types of compensation to...
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Current issues of position of the injured party and compensation for damages in criminal proceedings
Šeflová, Jaroslava ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
1 Abstract This thesis deals with the very current problem theme of the status of the injured party and a victim in criminal proceedings and compensation for damages, non-material damage and a release of an unjust enrichment in criminal proceedings. Work serves a legal definition of the injured party and a crime victim and deals with their status in criminal proceedings. As to the injured party, the thesis focuses on a definition and a position of the injured party as well as issues related to an adhesion proceedings in which the court decides about a claim of the injured party to damages, non-material damage and unjust enrichment. The focus of the issues relating to crime victims is their status and rights granted to them in the light of the recently adopted law amendment of victims of crime and international arrangements. The entire work arises all sorts of questions about the accuracy and effectiveness of the legislation which provides a reflection of the current state and at the same time proposals de lege ferenda. My thesis is systematically divided into four main parts. In the introductory part of this work is for a better orientation and understanding of the context described the historical evolution of the position of an injured party, by law of the injured party before 1950 to the time of the...
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A Company as the injured party in criminal procedure
Kučera, Milan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
There are two main thesis to the work "A Company as the injured party in criminal procedure": (i) civil law recodification, in the context of company actions or actions made on behalf of a company, represents a positive change for the injured party when submitting a proposition for the court to impose a duty to compensate the damage in its sentencing judgment and as well determinates a limitation period, (ii) the process of assigning or withdrawing a status of the injured party is not described accordingly in the contemporary procedure act, especially regarding the exact form needed for this decision. These issues are closely tied to the types of damage applicable in a criminal procedure, injured party categories and to the details of submitting the compensation duty motion. A comparison of different company actions before and after recodification implies that there is a possibility of approbating the juridicial act of legal proceedings of a company that are invalid due to the company's procedure errors. Determining a limitation period by the day of the original motion stays unimpaired. Repeating the legal procedure and putting the limitation period to the day after its valid execution was necessary with the latest legal version. The second thesis was verified as well by exploiting contemporary...
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The Compensation for Corporal Damages in the Czech Republic and in France, Comparative Study
Hrdličková, Alexandra ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Summary: The main goal of the thesis is to compare the legal basis of compensation for corporal damages and compensated types of damages linked to corporal damages in the Czech and French legal systems. It aims not only to evaluate the benefits of each of the systems for victims but thereof to evaluate the ability of each system to counterbalance on the one hand the opportunity of the judge to consider the circumstances of each individual case and the sums therefore awarded, on the other hand the predictability of decisions for victims, without the excessive formality of the decision. At the end I consider the French legal institutions linked to this issue that could be the source of inspiration for the Czech legal practice. In the first chapter, I compare the theoretical basis of legal responsibility in both chosen legal systems and its influence on legal practices of compensation for corporal damages. These theoretical differences have essential consequences for practices of compensation for corporal damages in both legal systems. An example of this fact are different requirements for proving the causation link or the different role of application of the liability because of things that have essential consequences to victims' status in a case of disputes over compensation for corporal damages. The aim of...
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Selected issues of the status of injured parties and victims in the Czech legal order
Solil, Martin ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The subject of this dissertation is the analysis of the position of an injured party and a victim in the Czech criminal legal environment. The aim of this thesis is also identification and practical analysis of particular procedural rights of injured parties and victims guaranteed to them by the Czech legislation. The dissertation has four main chapters. The first chapter is describing not only the general concept of an injured party but also particular claims that injured parties may exercises in the criminal proceedings. The second chapter contains not only description and analysis of adhesion proceedings, but also conditions under which claims of injured parties may be considered and decided by the Czech courts. The third chapter is devoted to the most problematic procedural rights of injured parties. The last chapter of this dissertation deals with the general concept of a victim and particular procedural rights of victims - mainly in the light of the "relatively young" law concerning victims of crimes.
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An Injured Person and a Victim in Criminal Proceedings
Wagnerová, Gabriela ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The main aim of my thesis is to present an analysis of the effective legislation of the victim and the victim of the crime, its evaluation, finding weaknesses and outline plans de lege ferenda aspects. The doctoral thesis is divided into four compact sections. In the first section my focus is on the procedural status of the victims as parties to the criminal proceedings, next is presented the brief historical development of its rules, definitions and certain rights (the right to be informed, the right to protection and the right to be a party to criminal proceedings). The analysis of the procedural status is discussed in relation with the new legislation on crime victims. This amendment brought quite large changes of the Criminal Procedure Code as well. The focus here is also on the rights of the victims who are entitled to compensation. Then I comprehensively describe the possible ways how the victims of the criminal proceedings may claim the indemnity. In the last chapter of this section I did not forget to outline some of the shortcomings of the current legislation and some proposals of the de lege ferenda aspects. The second section of the thesis deals with the difference between the damaged party and the victim. It summarizes the most important milestones in the history of the legislation on...
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The injured party in criminal procedure and his/her protection
Solil, Martin ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
The injured party and his/her protection in criminal proceedings The presented thesis deals with the protection of an injured party in criminal proceedings as a whole, in particular with regard to his/her position as a party in the criminal proceedings, and to his/her procedural rights in accordance with the Rules of Criminal Procedure. The aim of this thesis is complex analysis of the position of an injured party in the Czech legal order with focus on differentiation of the concept an injured party (as the party of criminal process) and the concept a victim of an offence, as a person whose rights were violated in certain manner. The thesis is composed of five main chapters, each of them dealing with different aspect of the injured party involvement in criminal procedure. The first chapter contains thorough analysis of the concept an injured party, as is defined in the provision of Section 43 of the Rules of Criminal Procedure. At the same time, there is incorporated the analysis of limitation or exclusion of participation of an injured in criminal proceedings. Thereafter, the conclusion of this chapter is dedicated to the mentioned differentiation of the concepts an injured and a victim, in particular in the light of the new law on victims of crime. In the second chapter the author addresses...
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