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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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Liability for the damage caused by a thing
Kozic, Juraj ; Šustek, Petr (advisor) ; Elischer, David (referee)
The primary subject of this rigorous thesis, as its heading suggests, is the issue of civil liability, namely for the damage caused by the act or the use of a thing. The main aim of this rigorous thesis is to provide its readers with the comprehensive interpretation of the tort liabilities contained in the provisions § 2936 up to § 2938 of the New Civil Code in order for them to have a clear idea, on which cases and under what circumstances these tort liabilities shall apply. There are also examined the problematic parts of the above-mentioned legal provisions, respectively the pitfalls that may occur during their interpretation and application. In my opinion the tort liabilities in question are not used in the practice frequently, which shows also the fact that until today new judicature has not been developed to this relatively new legislation. This is despite the fact that these tort liabilities provide considerable potential for the enforcement of the claims in practice. It is then analyzed in detail regarding each of the above-mentioned tort liabilities, whether it is subjective or objective type of liability. From my point of view all these cases are the objective type of liability, in spite of some diverse opinions of legal doctrine. This conclusion also supports an increased interest in the...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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The Concept and Development of Strict Liability in Czech Tort Law and its Inspirational Sources
Lovětínský, Vojtěch ; Elischer, David (advisor) ; Doležal, Tomáš (referee) ; Petrov, Jan (referee)
The Concept and Development of Strict Liability in Czech Tort Law and its Inspirational Sources Abstract The thesis deals with an analysis of strict liability in Czech tort law taking into account the inspirational sources of its regulation, including in particular German and Austrian law, the Principles of European Tort Law (PETL) and the Draft of Common Frame of Reference (DCFR). Further, a historical and possible future development of strict liability is analysed as well as the risks for which strict liability is imposed. The thesis is divided into two main parts. The subject-matter of the first General Part is especially the concept of the strict liability and the reasons for its application. Further, some related problems are analysed in this part which are relevant for the legal theory as well for the legal practice (e.g. defences, contributory negligence, possibility of the concurrence of claims). The subsequent Special Part contains an analysis of the types of strict liability and consists of four main chapters. The first chapter deals with a short overview of the historical development of the strict liability in Czech tort law. In the second chapter particular types of liability in the effective Czech Civil Code are presented and critically evaluated. In the third chapter the author deals with some...
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Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
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The Economic Analysis of Tort Law
Sztefek, Martin ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee) ; Sobek, Tomáš (referee)
The Economic Analysis of Tort Law Abstract In the presented thesis I discuss the economic analysis of tort law. The economic analysis of law can be described as the application of economic theory - primarily microeconomics and the basic concepts of welfare economics - to examine the formation, structure, processes, and economic impact of law and legal institutions. The economic analysis of tort law can help understand the impact of tort liability on individuals' behavior, why some areas of human activity are governed by negligence or strict liability, or why, in some cases, the amout of damages is limited. First two chapters describe the economic approach to law as such, they serve as an introduction into this field of study and present the most important methodological approaches. In the first chapter, I also discuss the basic tendencies that have shaped the economic analysis of law throughout its development. Second chapter then discusses some of the fundamental concepts of the economic analysis of law, namely the assumption of rational action, the concept of transaction costs, the efficiency criterion, the importance of the Coase theorem, and the distinction between property rules and liability rules. Following the examination of the concept of economic efficiency, an alternative approach based on the...
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Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
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Liability for the damage caused by a thing
Kozic, Juraj ; Šustek, Petr (advisor) ; Elischer, David (referee)
The primary subject of this rigorous thesis, as its heading suggests, is the issue of civil liability, namely for the damage caused by the act or the use of a thing. The main aim of this rigorous thesis is to provide its readers with the comprehensive interpretation of the tort liabilities contained in the provisions § 2936 up to § 2938 of the New Civil Code in order for them to have a clear idea, on which cases and under what circumstances these tort liabilities shall apply. There are also examined the problematic parts of the above-mentioned legal provisions, respectively the pitfalls that may occur during their interpretation and application. In my opinion the tort liabilities in question are not used in the practice frequently, which shows also the fact that until today new judicature has not been developed to this relatively new legislation. This is despite the fact that these tort liabilities provide considerable potential for the enforcement of the claims in practice. It is then analyzed in detail regarding each of the above-mentioned tort liabilities, whether it is subjective or objective type of liability. From my point of view all these cases are the objective type of liability, in spite of some diverse opinions of legal doctrine. This conclusion also supports an increased interest in the...
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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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