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Civil liability of expert witnesses
Lukášová, Karolína ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Civil liability of expert witnesses Abstract This diploma thesis aims to point out the risks related to expert assessments as well as describe the kinds of harm that the violation of expert's duties can cause. Furthermore, the thesis also presents the options for seeking redress in such cases. The new legislation which came into force in the beginning of 2021 brought many important changes. The main objective of the new act in the expert witness area is to set precise and detailed rules for the expert assessments and to raise the standard of expert reports. One of the instruments used to achieve this objective is the strengthening of the liability of experts, including the implementation of the civil liability of experts for damage caused by the professional services offered. Even though the concept of liability of expert witnesses for damage is not completely unknown in the Czech Republic, legal literature has neglected this topic so far. In contrast, articles related to the public liability of experts can be found regularly. Due to the different purpose of criminal and administrative proceedings, an individual has no guaranteed subjective right to claim for redress and compensation in these proceedings. That is why such rights must exist within private law. The diploma thesis presents a detailed analysis...
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The duty to prevent damages and its impact in individual legal regimes
Klein, Šimon ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Duty to prevent damage and its effects in particular legal branches Abstract: The purpose of my thesis is to analyse the duty to prevent damage in the context czech of legal system, to prove that prevention is integral to the system of civil liability and examine special consequences of this duty outside the scope of civil law, i.e. in criminal and administrative law. The reason for my research is increasing importance of revention in modern legal discourse. The thesis is composed of six chapters, each of them dealing with different aspects of the principle of prevention and its development. Chapter One is introductory, analyses and defines the phenomenon of prevention in the civil law. The chapter is subdivided into four parts. Part one briefly describes the emphasis on the prevention in civil liability by the law and economics. Part two analyses the principle of neminem laedere and its importance within the principle of prevention. Part three draws conclusions from the preceeding parts and defines the duty to prevent damage in the civil law. Part four then describes who might be the subject of such a duty. Chapter Two examines the development of the principle of prevention within the czech legal system and examples of relevant case law. It is subdivided into four parts, examining succesive civil codes...
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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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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 duty to prevent damages and its impact in individual legal regimes
Klein, Šimon ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Duty to prevent damage and its effects in particular legal branches Abstract: The purpose of my thesis is to analyse the duty to prevent damage in the context czech of legal system, to prove that prevention is integral to the system of civil liability and examine special consequences of this duty outside the scope of civil law, i.e. in criminal and administrative law. The reason for my research is increasing importance of revention in modern legal discourse. The thesis is composed of six chapters, each of them dealing with different aspects of the principle of prevention and its development. Chapter One is introductory, analyses and defines the phenomenon of prevention in the civil law. The chapter is subdivided into four parts. Part one briefly describes the emphasis on the prevention in civil liability by the law and economics. Part two analyses the principle of neminem laedere and its importance within the principle of prevention. Part three draws conclusions from the preceeding parts and defines the duty to prevent damage in the civil law. Part four then describes who might be the subject of such a duty. Chapter Two examines the development of the principle of prevention within the czech legal system and examples of relevant case law. It is subdivided into four parts, examining succesive civil codes...
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