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Compensation of damage under civil law
Barňáková, Lenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This master's degree thesis refers to legal regulation of the compensation of damage under civil law. The main purpose of my thesis is to analyze and evaluate current Czech legal regulation of the compensation of damage in civil law. The interpretation is based on regulation in the Civil Code, namely Act no. 40/1964. Coll., as amended, whereas deviations arising from commercial and employment compensation regulation are omitted. The paper offers an overview of the opinions of the leading legal experts on fundamental issues of compensation. The interpretation includes analysis of relevant decision-making practice of courts and a comparison with the legislation in projects of European tort law. The thesis also contains an overview of the most significant changes brought by the forthcoming new Civil Code, in case it is adopted. The thesis is composed of nine chapters, each of them dealing with different aspects of the matter. The first chapter is introductory. It is followed by the second chapter named "General characteristics of liability for damage" which includes definition of legal liability, outline of historical development of the legislation in our country, its current and future forms and functions of compensation. Chapter Three focuses on the analysis of general assumptions of the liability, including...
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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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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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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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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Private law instruments of environmental protection
Vévoda, Jan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Action filed by company member
Trtková, Veronika ; Josková, Lucie (advisor) ; Štenglová, Ivanka (referee)
Action filed by Company Member Diploma thesis Action filed by Company Member is focused on analysis of the problematic areas concerning action by a member followed by a suggestion of possible solutions to such issues. The thesis is also focused on alternative mechanisms inside the company and consideration concerning the (non-)usage of the institute in practice. The first chapter defines the nature and objectives of the action by a member. Subsequently concrete types of occurrence are briefly defined and the institute is put into historic connection with the rules stated in Act No. 513/1991 Coll., the Commercial Code. The second chapter focuses on analysis of the main problematic areas of the institute. The thesis focuses on problems concerning active legitimation and its consequences when it is lost during the proceedings. Chapter also deals with the issues concerning representation of the company during the proceedings and the loss of the right to represent the company. The duty to pay judicial fees and expenses of the legal representation (attorney's expenses) or the issues concerning limitation period are also important. The chapter discusses the influence of the reflective loss, which is stated in Section 213 of the Act No. 89/2012 Coll., the Civil Code. The third chapter deals with the...
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Compensation of damage under civil law
Barňáková, Lenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This master's degree thesis refers to legal regulation of the compensation of damage under civil law. The main purpose of my thesis is to analyze and evaluate current Czech legal regulation of the compensation of damage in civil law. The interpretation is based on regulation in the Civil Code, namely Act no. 40/1964. Coll., as amended, whereas deviations arising from commercial and employment compensation regulation are omitted. The paper offers an overview of the opinions of the leading legal experts on fundamental issues of compensation. The interpretation includes analysis of relevant decision-making practice of courts and a comparison with the legislation in projects of European tort law. The thesis also contains an overview of the most significant changes brought by the forthcoming new Civil Code, in case it is adopted. The thesis is composed of nine chapters, each of them dealing with different aspects of the matter. The first chapter is introductory. It is followed by the second chapter named "General characteristics of liability for damage" which includes definition of legal liability, outline of historical development of the legislation in our country, its current and future forms and functions of compensation. Chapter Three focuses on the analysis of general assumptions of the liability, including...
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