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Compensation for damage caused by defective product
Sedláček, Jakub ; Josková, Lucie (referee)
79 Summary This diploma thesis deals with selected aspects of product liability. The main aim of this thesis is to conduct critical analysis of aspects related to the concept of product and its defects. The thesis analyses the legal rules contained in Sec. 2939 - 2942 of Act No. 89/2012 Coll., as amended, in the light of the Council Directive 85/374/EEC of 25 July 1985 on the approximation of laws, regulations and administrative provisions of the member states regarding liability for defective product, which is transposed into Czech law by these provisions. Although product liability has been part of the Czech legal order for more than twenty years, it still contains many unclear or controversial issues which are addressed in this diploma thesis. The thesis takes into account analogous legislation in Austria and Germany. The first part of the thesis describes product liability in a general way allowing to understand its purpose and systematics. The second part is devoted to the analysis of the purpose of Directive 85/374 and defines the consequences stemming from its EU origin, which must be taken into account in the interpretation of domestic legislation. The third part contains an analysis of the notion of product and offers a solution to the disputed issue concerning the subordination of intangible items...
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Compensation for damage caused by defective product
Sedláček, Jakub ; Josková, Lucie (referee)
79 Summary This diploma thesis deals with selected aspects of product liability. The main aim of this thesis is to conduct critical analysis of aspects related to the concept of product and its defects. The thesis analyses the legal rules contained in Sec. 2939 - 2942 of Act No. 89/2012 Coll., as amended, in the light of the Council Directive 85/374/EEC of 25 July 1985 on the approximation of laws, regulations and administrative provisions of the member states regarding liability for defective product, which is transposed into Czech law by these provisions. Although product liability has been part of the Czech legal order for more than twenty years, it still contains many unclear or controversial issues which are addressed in this diploma thesis. The thesis takes into account analogous legislation in Austria and Germany. The first part of the thesis describes product liability in a general way allowing to understand its purpose and systematics. The second part is devoted to the analysis of the purpose of Directive 85/374 and defines the consequences stemming from its EU origin, which must be taken into account in the interpretation of domestic legislation. The third part contains an analysis of the notion of product and offers a solution to the disputed issue concerning the subordination of intangible items...
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Compensation for damage caused by defective product
Sedláček, Jakub ; Čech, Petr (advisor) ; Horáček, Tomáš (referee)
79 Summary This diploma thesis deals with selected aspects of product liability. The main aim of this thesis is to conduct critical analysis of aspects related to the concept of product and its defects. The thesis analyses the legal rules contained in Sec. 2939 - 2942 of Act No. 89/2012 Coll., as amended, in the light of the Council Directive 85/374/EEC of 25 July 1985 on the approximation of laws, regulations and administrative provisions of the member states regarding liability for defective product, which is transposed into Czech law by these provisions. Although product liability has been part of the Czech legal order for more than twenty years, it still contains many unclear or controversial issues which are addressed in this diploma thesis. The thesis takes into account analogous legislation in Austria and Germany. The first part of the thesis describes product liability in a general way allowing to understand its purpose and systematics. The second part is devoted to the analysis of the purpose of Directive 85/374 and defines the consequences stemming from its EU origin, which must be taken into account in the interpretation of domestic legislation. The third part contains an analysis of the notion of product and offers a solution to the disputed issue concerning the subordination of intangible items...
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Liability for damage caused by a defective product - comparison of Czech and British legal regulation with a focus on British case law
Černá, Tereza ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
This thesis deals with the topic of liability for damage caused by a defect in a product, i.e. liability of a producer (but also of another entity, such as the supplier or importer) for damage caused by the defective product to the health or property of the user (consumer) or other third persons. The primary area of this issue that the thesis has examined is the legal regulation in the UK (liability for damage caused by a defect in a product is in the UK usually expressed as "Product liability"). The main reason why I have chosen to describe the British legal regulation is my study experience in the UK at Northumbria University, where I studied within the program Erasmus+. In the UK, I had the opportunity to find all the resources, experience and incentives necessary in order to analyze the topic of Product liability and therefore, to write this thesis. The aim of this thesis is not only the description of the British Product liability, but also its comparison with the Czech regulation. This thesis then draws a clear conclusion that Product liability in the UK is as compared to the Czech Republic an institute much more frequently used and British regulation is compared to the Czech one more sophisticated and detailed. On the other hand, for the British consumers the British regulation may be, due...
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Liability for Damage Caused by a Defective Product
Šťovíček, Petr ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee) ; Vychopeň, Martin (referee)
Dissertation Thesis Abstract - Liability for Damage Caused by A Defective Product JUDr. Petr Šťovíček The subject-matter of the dissertation thesis is the relationship of legal liability for damage inflicted upon a consumer by a defective product. The paper describes the statutory definition of the relationship, in particular, without limitation, the preconditions to the establishment of liability of the individual entities on the part of entrepreneurs participating in all phases of the product distribution from the moment of its manufacturing, or, as the case may be, it import to the Czech Republic, to the moment of its sale to the end consumer; limits of the liability and possibilities through which the consumer may claim compensation of the caused damage. The first part of the paper focuses on the above mentioned issued of general legal regulation applicable to liability, its historical development and types; it has a rather generally descriptive nature. Special civil law regulation of liability is provided for also in a number of special Acts, in particular in Act No. 59/1998 Coll., on Liability for Damage Caused by A Product Defect. The second part of the thesis provides an outline of the legal regulation covering the sphere of consumer protection with respect to liability relationships incurring in...
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Private and public law aspects of product liability and general product safety
Kratěnová, Jana ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee)
Resume - Private and public law aspects of product liability and general product safety Product liability, i.e. liability for defective products, is part of consumer protection and in particular consumer protection focusing on consumer health and safety. Product liability is preceded by general product safety since only safety products are able not to cause to consumers damage resulting from products' defects. Therefore it is necessary to get acquainted with both general product safety as well as product liability legislation and judicature. Regarding general product safety there are number of obligations set forth for producers in order to guarantee that only safety products are put into circulation/put into market. Breach of the said obligations is followed by various sanctions in the area of public law as well as private law (liability for damage caused by defective products). Among public law sanctions there belong administrative law and penal law sanctions resulting in punishing producers where a consumer activity is not required in order to punish producer. Czech Act on general product safety belongs among general legislation covering issues that are not covered by special Czech legislation. The Act is generally in line with Directive on general product safety. On the other hand private law requires...
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