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The application of legal standards in materials engineering
Večeřa, Petr ; Pantělejev, Libor (referee) ; Pavloušková, Zina (advisor)
The thesis describes points where the basic universal prescriptive system of law interferes with the questions of materials engineering. The main part of the thesis concerns legal liabilities, mainly civil liability represented with liability for defects. Basic analysis of chosen topics concerning liability for defects is done, defects are divided into groups as far as both technical and legal point of view is concerned. Consequently, the most common methods, principles and tests used for recognition and assessment of materials characteristics, both destructive and non-destructive, are described. Chapter, which deals with degradation processes follows. Integral part of the thesis are thoughts of possible types of legal liabilities, which could be important for materials engineers, with basic recommendations for contracting, as well as chosen problems connected with judicial proceedings and out of court settling of disputes. Technical standards are described with high attention, because both technical and legal public is not familiar with the legal background of technical normalisation.
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Copyright and the Internet (liabilities, copyright law enforcement)
Štefek, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Copyright and the Internet (liabilities, copyright law enforcement) Abstract The topic of this thesis is the legal status of copyright work on the Internet with a focus on liability relations that exist between authors and those, who unlawfully interfere with their rights by using the author's work on the Internet without authorization or allowing their unauthorized use by third parties. The main purpose of this thesis is to create a practical guide to the issue of copyright infringement on the Internet. It is also the ambition of this work to summarize the key jurisprudence and interpret its conclusions in a comprehensible manner. The thesis is divided into five chapters. The opening chapter describes the basic characteristics of copyright, defines the term of a copyright work, and specifies different ways of using the work. The second chapter is devoted to the basics of tort law and its integration into copyright law. Since the work is mainly focused on the issue of civil liability of entities that interfere unjustly with the rights of authors, in this chapter the reader is primarily introduced to the claims that the author can use for their defence in such situations. However, in the second chapter, the thesis also describes liability under criminal law and administrative law. The third chapter first...
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Legal aspects and their application in the real work of nurses standardized nursing procedures
Jánská, Lucie ; Rožnovská, Ludmila (advisor) ; Vaňková, Dana (referee)
Author: Lucie Jánská Institution: Institute of social medicine Faculty of medicine in Hradec Title: Legal aspects and their fair application in the work of the sister with standardized nursing procedures Supervisor: JUDr. Ludmila Rožnovská Count of pages: 78 Count of attached pages: 1 Year of completion: 2016 Keywords: standardized nursing procedures, the quality of care, kompetence, legal responsibility The thesis is made up of two parts, theoretical and practical. In the theoretical part are clarified the knowledge regarding the quality of nursing care, evaluation of this quality and brings the analysis of standardization. It deals with the komplete of General nurses and thein legal responisibilities. The practical paet of the reports on the researcg, which took place in a large hospitál with participation of the 91 respondets. Reports on thein awareness, knowledge, competences and legal awareness. Discussion and conclusion of the summary ot the results obtained are served.
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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...
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The Skiing of pre-school and basic school children
Lhotáková, Anna ; Hanzová, Marie (advisor) ; Mojžíšová, Jarmila (referee)
9.RESUMÉ The goal of this paper is the analysis of pedagogical activity within skiing tuition of children of preschool and school age with determination of suitable methods of skiing education of children regarding their age. Within the submitted work I put all my effort into introduction of skiing as not only an ideal educational tool with maximum positive impact on personal development of a child, but also as perfect tool for putting the pedagogical methods education and guidance of children into real life practice.
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The extent of legal liability of the State for misconduct in the exercise of state powers
Patočka, Vojtěch ; Wintr, Jan (advisor) ; Tryzna, Jan (referee)
In the presented work I study the concept of liability of the State for misconduct in the exercise of state powers. The main aim is to show why this concept needs to be different from the one we know from civil law. The legal relationship between the State and an individual is a relationship that differs from the one we know from civil law, given that it is related to the exercise of power. Therefore we have to construct specific legal conditions in order to find the State liable for damages that an individual may suffer in such a relationship. In the first part I question the main function of the State's liability for damages. I show that it has good influence on the administrative bodies in the way that it forces them to follow the law. On the other hand this influence must not be overestimated. In the next part I study the basic elements and conditions of liability. I work with the domestic law as well as with the liability principles formed by the judicial decisions of the EU Court of Justice. I compare both these systems of liability for damages with regard to how they respond to the specific features of the relationship between a State and an individual. Final part of this work tries to explain why different branches of state power should be treated differently. I show on examples what kind...
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Legal liability of a physician in graduate medicial training and its practical consequences
Štoková, Daniela ; Frinta, Ondřej (referee)
Legal liability of a physician in graduate medical training and its practical consequences Abstract From both legal as well as practical point of view, a physician in training (i.e. without specialist qualification for performing the medical profession of physician) finds himself in a unique position, differing from those of any other medical staff. Having completed a medical degree, a physician starts his journey towards obtaining an unrestricted license to practice medicine. However, up until a successful ending of his graduate training, he is required to practice medicine under direct or indirect supervision of an attending physician, with a sole exception of those procedures explicitly permitted to be done unsupervised. With regard to the above mentioned, the aim of this thesis is to deliver a complex picture analysing legal liability of a physician in graduate medical training. Further on, it aims to critically assess current legislation concerning this topic on the grounds of relevant case law as well as outcomes of a survey among physicians without specialist qualification for performing the medical profession of physician. First part of the thesis analyses mainly the legal framework a physician in training has to work in, i.e. Act. No. 95/2004 Coll. Following part of the thesis then covers the issue...
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Liability of governing bodies of limited companies agaist third parties for a breach of duty in the course of performance of function from a comparative perspective
Hradil, Petr ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
Liability of governing bodies of limited companies against third parties for a breach of duty in the course of performance of function from a comparative perspective The thesis deals with the legal liability of company representatives, an important theme for several reasons. One is the fact that companies are legal persons, or entities which do not exist in reality and whose intentions are realised through persons distinct from them, namely their representatives. Both legislation and the memorandum of association impose many duties on representatives which must be fulfilled. It may happen that these duties are breached, resulting in damage to a company, its associates, and other neutral parties, most often the company's creditors. We must consider if the legal order should pierce the veil around companies and allow the possibility of persons acting on a company's behalf to be directly sanctioned. The thesis attempts to analyse the circumstances under which company representatives should be directly liable for their actions. With regard to the fact that the legislation is not developed in the Czech Republic, I had to work with foreign examples and deduce which provisions of Czech law might be useful for the development of the theory. The first four chapters present and deal with concepts which are...
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