|
|
Legal responsibility
Pražák, Pavel ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
- Legal responsibilty Pavel Pražák The purpose of my thesis is to analyze the institute of legal responsibility that is very often used in the Czech doctrine and in legal acts. The reason for my research is to clarify the clear content of this term. The thesis is composed of two parts, each of them using a different method. Part One is deductive. It is divided into eight chapters. Chapter One is introductory and defines the term "responsibility" according to the common Czech language and clears the terminology used in the thesis. Chapter Two examines mechanisms of Roman law similar to the contemporary legal responsibility. It deals primarily with the institutes of "nexum" and "stipulatio". Chapter Three concentrates on the function and role of legal responsibility in law. It defines its most universal function as well as its concrete roles. Chapter Four is subdivided into four subchapters and provides an outline of relevant Czech doctrinal concepts of legal responsibility, such as the concept of active responsibility or the sanction doctrine. It also deals with the classification of the concepts provided by Josef Macur in the 80's. Chapter Five describes the German doctrine in the field of legal responsibility. It clears the German terminology, deals with the doctrine of "Schuld und Haftung" and...
|
|
|
Damage caused by information or advice - Czech adaptation, DCFR and PETL
Mladá, Klára ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Damage caused by information or advice - Czech adaptation, DCFR and PETL Abstract This thesis deals with liability for damage caused by administration of incorrect information or harmful advice, which is governed by Section 2950 of Act No. 89/2012 Coll., The Civil Code. At the same time, it deals with its relation to the documents of the European legislative groups, namely the document of the Principles of European Tort Law (PETL), and the Draft Common Frame of Reference (DCFR). The aim of this thesis is to introduce annotated provision, its inclusion in the systematics of the Civil Code and to outline the possibilities and requirements of its application. This goal was also necessary to subject to an examination of the view of PETL and DCFR European documents, which inspired the legislative decision to include the annotated provision in its current form into the Code and even it was an inspiration for the creation of the Civic Code itself. In the context of introducing the annotated provision, it was necessary to develop the individual topics that formed the basis for accountability according to Civil Code in general, in the concrete in relation to the annnotated provision and, finally, in relation to the intentions of the PETL and DCFR European documents. The main subjects are therefore the subjects of...
|
|
|
The issue of causal link in disputes over compensation of damage to health
Svobodová, Kamila ; Šustek, Petr (advisor) ; Salač, Josef (referee)
This thesis deals with the issue of causation in disputes relating to compensation of damage to health. The aim of this work is to give a comprehensive interpretation of this issue. The work presents possible approaches of proving a causality between illegal misconduct during treatment and the damage caused to a patient. In medico-legal disputes patient must carry the burden of proof. It also compares the European legislation in relation to the necessary degree of proof with the main focus on German legislation and institutes created by the case law of German courts. Furthermore it presents the interpretation of causality in terms of the Principles of European Tort Law. The work deals marginally with certain aspects of proceedings concerning compensation of damage to health and expert assessment.
|
|
|
Legal responsibility
Pražák, Pavel ; Beran, Karel (advisor) ; Maršálek, Pavel (referee)
- Legal responsibilty Pavel Pražák The purpose of my thesis is to analyze the institute of legal responsibility that is very often used in the Czech doctrine and in legal acts. The reason for my research is to clarify the clear content of this term. The thesis is composed of two parts, each of them using a different method. Part One is deductive. It is divided into eight chapters. Chapter One is introductory and defines the term "responsibility" according to the common Czech language and clears the terminology used in the thesis. Chapter Two examines mechanisms of Roman law similar to the contemporary legal responsibility. It deals primarily with the institutes of "nexum" and "stipulatio". Chapter Three concentrates on the function and role of legal responsibility in law. It defines its most universal function as well as its concrete roles. Chapter Four is subdivided into four subchapters and provides an outline of relevant Czech doctrinal concepts of legal responsibility, such as the concept of active responsibility or the sanction doctrine. It also deals with the classification of the concepts provided by Josef Macur in the 80's. Chapter Five describes the German doctrine in the field of legal responsibility. It clears the German terminology, deals with the doctrine of "Schuld und Haftung" and...
|
guest ::
