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Non-pecuniary harm and its compensation in judicial practice
Kepková, Pavlína ; Elischer, David (referee)
Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...
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Non-pecuniary harm and its compensation in judicial practice
Kepková, Pavlína ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...
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Contentious issues of necessary defence in judicial practise
Králová, Jana ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practice Abstract This thesis discusses necessary defence and its contentious issues which appear in judicial practice of Czech courts. It is one of the conditions precluding illegality stated in the section 29 of the Penal Code. Which means that a criminal offence is not committed if legal requirements for conduct in necessary defence are fulfilled. These requirements are that the defence should avert an impending or progressing attack to an interest protected by the Penal Code as well as not to be obviously grossly disproportionate to a manner of an attack. Necessary defence is an important institute of criminal law because it may affect everyone, and for this reason it has often appeared in the media and some cases even provokes social discussion on its legal regulation. The goal of this thesis is to analyse contentious issues appearing in court decisions such as possibility and manner of usage of a weapon or automatic defensive device, evaluation of motive to an act in necessary defence, comparison of protected interests, for example protection of life and health against protection of property or domestic freedom, consideration of an existence and a term of attack and related apparent necessary defence, the difference between mutual assault and...
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Contentious issues of necessary defence in judicial practise
Vajc, Vojtěch ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Contentious issues of necessary defence in judicial practise Abstract The subject of this thesis is necessary defence, or more precisely some of its contentious issues that have been dealt with by Czech courts within the framework of their judicial practise. The fundamental focus of the thesis lies with the judicial decisions providing solutions to these issues, emphasis, on the other hand, is not placed on doctrinal concept of the legal institute. The thesis subjects some of the judicial decisions to evaluation and comparison with other judgments. As for the structure, the thesis is divided into a total of seven chapters with regard to the elements of necessary defence that are primarily related to the issues dealt with by the judicial practice in each particular case. The first chapter presents a brief general outline of the topic, as it pursues, above all, the function of the legal institute of necessary defence, the way how it is established within the Czech law and the character of the relevant provision of the penal code. Chapter two deals with integral prerequisites or structural elements of necessary defence, specifically attacker and defender subjects, as well as attack itself. It ponders about whether someone who is not primarily targeted by an attack can be deemed a defender. The same question is...
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Disputed Issues of the Necessary Defence in Judicial Practice
Svobodová, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Disputed Issues of the Necessary Defence in Judicial Practice Abstract The thesis focuses on the issue of necessary defense in the Czech legal system, especially on the analysis and solution of the disputed queries that arrise when applying and interpreting this issue with respect to legal regulations. The main attention is dedicated to judicial decisions, however, some of the disputable issues addressed in the criminal law theory are not neglected. The thesis is composed of six chapters, together with the chapter of the Introduction which provides the basic definition of the issue and the main purpose of the work, and the Conclusion, which presents the final reflections on the findings and concludes the work. The First Chapter deals with general basics of criminal liability, focusing in particular on the concept of illegality, since the necessary defense is among the circumstances excluding illegality, which at the same time represents a reason for excluding the criminal liability of the acting person. The very circumstances excluding criminal liability are briefly mentioned and listed in Chapter Two. The purpose of the Third Chapter was to characterize the concept of extreme distress and to distinguish it from essential elements of the necessary defence which represents its privileged case. The main part...
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Contentious issues of self-defence in Czech case law
Hynková, Helena ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
Contentious issues of self-defence in Czech case law This thesis is focused on legal institute self-defence (in Czech law is used term necessity defence) in Czech case law. It deals with theoretical problems and contemporary legislation as well, but the most important part is (according to the name of this thesis) focused on judicial practice. The purpose of this thesis is to present some controversial issues of self-defence and analyze judical practice that deals with those issues. Nevertheless, at the end one issue that the Czech courts have not ruled on yet is also mentioned. This thesis is composed of five chapters. The first one presents the purpose of this thesis and introduces the necessity of judicial practice for controversial issues of self-defence. The second chapter introduces self-defence as a fundamental element of any democratic state. Subchapter 2.2 deals with some main principles of Czech criminal law and presents how they demonstrate themselves in self- defence. The next subchapter 2.3 focuses on benefits that self-defence brings to contemporary democratic society. The third chapter concerns with the current wording of self-defence in Criminal Code. The most important terminology is introduced. Subchapter 3.4 deals with mistake in circumstances excluding criminal lability, 3.5...
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Contentious issues of self-defence in Czech case law
Janšta, Lukáš ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
Controversial Issues Surrounding Necessary Defense in Judicial Practice The purposes of this essay are to point out some of the controversial issues surrounding the legal institute of self-defense in Czech law (Czech law uses the term "necessary defense") and to analyze judicial practices that deal with those controversial issues. Moreover, this essay will explore the institute of self-defense in a broader context. This essay is composed of six chapters, each of which dealing with different aspects of self- defense. Chapter 1 consists of an introduction that sets the aims and purposes of this essay, as well as introduces the institute of self-defense as a fundamental element of any democratic society. Chapter 2 deals with self-defense as a sociological phenomenon. The chapter is subdivided into three subchapters. Subchapter 2.1 focuses on the importance of self-defense in society. Subchapter 2.2 analyzes the problems associated with an insufficient usage of the institute of self-defense. Lastly, Subchapter 2.3 focuses on issues of legal consciousness in matters of self-defense. Chapter 3 briefly introduces the historical development of self-defense. It is subdivided into two parts. Subchapter 3.1 focuses on the ancient roots of the institute of self-defense, and Subchapter 3.2 describes the...
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