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Compensation for damage and non-material damage caused by a work accident
Fojtíková, Monika ; Bělina, Miroslav (advisor) ; Morávek, Jakub (referee)
The diploma thesis deals with the issue of damage and non-material damage caused by work accidents. The first chapter describes the basic concept of legal liability and main functions of the employer's liability for damage caused to employees. The second chapter focuses on the basic assumptions, fulfilment of which creates an obligation for the employer to compensate employees for damage and non-material damage. It also describes the work accident as a legal term and discusses specific situations such as a heart-attack, a work injury during team-building or a work injury during a business trip using interpretation based, in particular, on a review of Czech case law. The employer is not always obliged to compensate employees for damage and non-material damage. Situations in which the employer is released from the obligation to pay damages and non-material damage are described at the end of the second chapter. These situations include violation of legal regulations or instructions, drunkenness or misuse of addictive substances and, last but not least, reckless behaviour of an employee. The third part which is the core of the thesis, deals with individual types and scopes of compensations, namely compensation for loss of earnings, material damage and purposefully spent treatment costs. A particular...
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Compensation for injury to the natural rights of man
Havlíčková, Jana ; Dvořák, Jan (advisor) ; Elischer, David (referee)
This rigorosum thesis deals with the harm to natural rights of men and its compensation after a private-law recodification. As part of the problem addressed, the main objective of this thesis is to provide a comprehensive overview of claims for compensation for immaterial harm that the injured and the so-called secondary victims may assert against the wrongdoer when their natural rights are infringed following the effect of the new civil code (i.e. after 1 January 2014). An introduction into the problem and outline of the related current legislative changes is given in chapter one. The second chapter discusses the general meaning of the term natural rights of men and gives an overview of individual provisions of the first head of the new the civil code, which openly recognizes such rights and provides for their protection. The third chapter, being a theoretical one, provides answers to the question of what prerequisites must be complied with to give rise to an obligation of the wrongdoer to compensate for the harm to the natural rights of men. This chapter represents a general input for a more detailed analysis of the new compensation system. The definition of the key terms and answers to the aforesaid questions is crucial for the central part of this thesis, being devoted to claims for...
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