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Compensation of immaterial damage in criminal proceedings
Klatovský, Jakub ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
121 Compensation of immaterial damage in criminal proceedings - Abstract The topic of this rigorous thesis is compensation for immaterial damage in criminal proceedings. This topic is mainly related to the question of fulfilling the conditions for its compensation and determining its amount. This thesis deals with the victim's entitlement to claim compensation for immaterial damage and a series of related issues, especially in relation to the determination of the amount of the claim for compensation for immaterial damage. The application and quantification of the injured party's claim in monetary form is considerably more complicated than in the case of compensation for material damages, and therefore this issue requires increased attention. The purpose of this thesis is to point out the procedural procedure of making a claim by the injured party in adhesion proceedings, the decision-making practice of the Supreme Court and the Constitutional Court, which often come into conflict with each other, and at the same time to put forward my own proposals for possible changes to the current wording of the Criminal Procedure Code. This rigorous thesis is divided into six chapters, each chapter dealing with a selected aspect of the issue of compensation for immaterial damage in criminal proceedings. The first...
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The Obligation of an Employer to compensate for non-pecuniary damage
Matějka Řehořová, Lucie ; Tomšej, Jakub (referee)
The Obligation of an Employer to compensate for non-pecuniary damage Abstract The presented dissertation thesis deals with the topic of the employer's obligation to compensate for non-pecuniary damage. It comprehensively presents the issue of the employer's obligation to compensate for non-pecuniary damage, from the constitutional and theoretical basis of protection of human life and health, through pointing out to the reflection of the basic principles of labour relations in the field of non-pecuniary damage, to the definition of specific application problems in claims of non-pecuniary damage, including a proposal for their solution. The thesis does not neglect the relevant case law of the highest national and international courts, including the analysis of its impact on the interpretation of selected legal institutes in the field of non-pecuniary damage compensation. Thorough attention is paid to the general principles of non-pecuniary damage and a comprehensive interpretation of selected institutes in the field of applicable legislation on compensation for non-pecuniary damage in civil and labour law, including legislative proposals de lege ferenda. In the thesis, as one of the research questions, a possible subsidiary application of the Civil Code to the field of the liability employment relations is...
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Compensation for non-pecuniary damage caused by tax proceedings
Soukupová, Soňa ; Dvořák, Jan (advisor) ; Šustek, Petr (referee)
Compensation for non-pecuniary damage caused by tax proceedings Abstract This rigorous thesis presents ground-breaking case law regarding compensation for non-pecuniary damage arising from an excessive length of tax proceedings. The primary aim of the thesis is to evaluate the potential benefits and pitfalls of the current approach to compensation for the length of tax proceedings and propose its optimal setting. The secondary aim is to explore the possible consequences of expanding the state's liability for damage caused by the exercise of public authority, as illustrated by the current approach to compensation for lengthy tax proceedings. Compensation for tax proceedings under the regime of an excessive length of proceedings, under which the occurrence of non-pecuniary damage is presumed based on the case law of the European Court of Human Rights, was fundamentally rejected for years due to the absence of the application of Article 6(1) of the Convention to tax matters. However, as a result of the case law of the Constitutional Court, the situation began to change, following the subsequent judgment of the Supreme Court of 31 August 2021, file no. 30 Cdo 3118/2020, tax proceedings were classified among other proceedings assessed in the light of their excessive length. The thesis seeks, among other things,...
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Compensation for damage and non-material damage claimed as a result of tax proceedings
Matějka, Pavel ; Marková, Hana (advisor) ; Martiník, Pavel (referee)
Compensation for damage and non-material damage claimed as a result of tax proceedings Abstract The diploma thesis is devoted to the issue of compensation for damage and non-material damage caused by an illegal decision or incorrect official procedure in the exercise of public authority by the bodies of the Financial Administration of the Czech Republic. Damage or non- material damage may arise as a result of tax proceedings, when a specific natural or legal person, with whom the proceedings were conducted, was in the procedural position of a tax subject. The field of tax proceedings is not simple in itself and in relation to the aforementioned compensation for damage or non-material damage, it is a relatively complex issue, not clarified in detail, and not understandable for everyone at first glance. Any natural or legal person who, from the position of a tax subject, incurs a tax obligation may encounter an illegal decision or an incorrect official procedure of the Financial Administration of the Czech Republic within the framework of life situations. The goal of this diploma thesis is therefore to clearly and comprehensibly approach the problem. This is mainly done by defining key concepts from the field of tax administration, which are relevant for understanding all contexts. This is followed by an...
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Compensation for non-pecuniary damage in case of death
Litvina, Anna ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Compensation for non-pecuniary damage in case of death ABSTRACT The diploma thesis deals with the analysis of institute of compensation for non-pecuniary damage to the secondary victim in the event of the death of the primary victim. The aim of the thesis is to analyse the peculiarities of the functioning of the institute for compensation of non- pecuniary damage in the event of death, to identify the current problems of its development and to propose ways of solving them. The first chapter describes the circumstances and history of the establishment of the institute for compensation for non-pecuniary damage, which dates to ancient times, then sets out the development of the institute through the Middle Ages and the modern era to the present day. The second chapter is about the concept of "non-pecuniary damage", its definition and specifying the types of this damage that exist. It focuses on mental suffering, what role they play in a person's life and what effect their experience has in determining the amount of compensation. Then the institute of compensation for non-pecuniary damage is described within the framework of Anglo-Saxon and Romano-Germanic law. The distinction between primary and secondary victims is also presented. The third chapter is devoted to the development of the institute of...
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Compensation for injury to the natural rights of man (Section 2956-2968 of the Civil Code)
Rybová, Diana ; Salač, Josef (advisor) ; Zvára, Michael (referee)
68 Compensation for injury to the natural rights of man (Section 2956-2968 of the Civil Code) Abstract This diploma thesis introduces the concept of the institute of compensation for immaterial harm to the natural rights of man in Act No. 89/2012 Coll., Civil Code. The main aim of this thesis is to provide a basic, comprehensive insight into the issue of compensation for harm to the natural rights of man and to present the opinions and thoughts of members of the legal community and my own on some of the widely discussed subtopics. The thesis also analyses the most important changes that distinguish the current regulation from the regulation contained in Act No. 40/1964 Coll., Civil Code. The thesis is based on commentary literature, relevant publications and recent as well as older case law of the Czech courts. The first chapter focuses on the regulation of natural rights, first briefly at the constitutional level, which is important for understanding the solid foundation of natural rights in the legal system. This is followed by the regulation at the civil law level, which is contained in first part of the Civil Code. Furthermore, the thesis examines the institute of liability for damage, the prevention of damage and the basic prerequisites required for the occurrence of damage. The institutes come...
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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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Compensation of Non-Material Damage Caused by Excessive Length of Judicial Proceedings - Comparison of Czech and German Legislation
Soukupová, Soňa ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This diploma thesis concerns the legislation governing compensation of non-material damage caused by excessive length of judicial proceedings in the Czech Republic and in the Federal Republic of Germany. In cases where prevention of excessive length of judicial proceedings is impossible, it is important at least to put suitable legislation in place in order to compensate for the arising non-material damage. The aim of this thesis is to make an overview of the respective Czech and German legislation, to compare and evaluate de lege ferenda. The thesis deals in detail with the case law of the ECHR concerning the right to trial within reasonable time since this is the base for both legislations being compared. This thesis consists of five chapters. The first chapter defines non-material damage and provides overview of general legislation governing non-material damage in the Czech Republic and in the Federal Republic of Germany, including its development in both countries. The second chapter concerns conclusions of ECHR case law in this matter, which is the basis for both national legislations. The third and fourth chapters focus on Czech and German legislation. The structure of these chapters is similar, describing which legal regulations govern this matter, their force, evaluation of proceedings...
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Empirical analysis of non-pecuniary damage compensation to victims of rape
Vanča, Tomáš ; Dušek, Libor (advisor) ; Čihák, Jakub (referee)
Empirical analysis of non-pecuniary damage compensation to victims of rape Abstract In the last thirty years the image and the position of the victim has changed; as a result, an extra layer has been added to the concept of crime: 'crime' nowadays represents a violation of the public interest, as well as a violation of the individual victim's interest. Also, a limited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on analysis of 350 judicial decision about non-pecuniary damage compensation in rape cases in Czech Republic, this thesis asks: How the criminal courts deal with the monetary claims of the victims, in what amount they awarded them, what rules they use in their decision-making and also what factors play a role in determining the amount. The findings suggest that, in only a third of cases rape victims claims non-pecuniary damage in adhesive proceedings, if they do so, they have a two-thirds chance of succeeding. The courts do not award high non-pecuniary damages, but the victims' claims are not exaggerated either. The regression analysis conclusions reveal that the courts are guided by more by legally relevant factors when determining the amount of non-pecuniary damage, but also reveal statistically significant differences between judicial...
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