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Compensation of immaterial damage in criminal proceedings
Klatovský, Jakub ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
121 Compensation of immaterial damage in criminal proceedings - Abstract The topic of this rigorous thesis is compensation for immaterial damage in criminal proceedings. This topic is mainly related to the question of fulfilling the conditions for its compensation and determining its amount. This thesis deals with the victim's entitlement to claim compensation for immaterial damage and a series of related issues, especially in relation to the determination of the amount of the claim for compensation for immaterial damage. The application and quantification of the injured party's claim in monetary form is considerably more complicated than in the case of compensation for material damages, and therefore this issue requires increased attention. The purpose of this thesis is to point out the procedural procedure of making a claim by the injured party in adhesion proceedings, the decision-making practice of the Supreme Court and the Constitutional Court, which often come into conflict with each other, and at the same time to put forward my own proposals for possible changes to the current wording of the Criminal Procedure Code. This rigorous thesis is divided into six chapters, each chapter dealing with a selected aspect of the issue of compensation for immaterial damage in criminal proceedings. The first...
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Moral and material satisfaction in civil law
Čuříková, Pavla ; Švestka, Jiří (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis is to analyze the moral and material satisfaction in Czech civil law. It provides a deep interpretation of these institutes which represent an important phenomenon in our time. The importance of protection of personality increased in the 20th century in connection with development of human and personal rights. In last years also according to mass media and global society. The aim was not only to give the interpretation of basic institutes and instruments of protection of personality but also to show more extensive circumstances of this topic, set into relevant judicial cases and European aspects. It goes from an introduction to moral and material satisfaction, basic institutions relating to the protection of personality, moral and material satisfaction, history, constitutional law, criminal law, administrative law to presumptions of remedying of protection of personality, the aspects of time perspective, proposal of new Czech civil code, changes to be made in legislation and conclusion.
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Damage in civil law with respect to the punitive aspects of compensation
Hoblíková, Žaneta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Damage in civil law with respect to the punitive aspects of compensation Abstract: Rigorous thesis deals with damage and its replacement with a focus on the punitive aspects of damages. The work is divided into two parts and contains a total of six chapters, which are further specified in the relevant subchapters. The first part of the thesis is devoted to the damage and its replacement in general. The first chapter defines key words such as harm, material damage and non-material damage as understood by current and past Czech civil law, expert literature, or judicial decisions. The second chapter deals with functions of damages. Chapter three presents the main pillars of compensation in the effective civil code. With regard to conceptual and terminological changes brought by recodification it seeks with help of expert literature and past judicial decisions general assumptions of creation the obligation to pay damages. It further specifies the conditions of the recodifications brought by the novelty, which is the possibility of waiving the right to compensation before the occurrence of damage. It also presents the current concept of preventive clauses and confronts it with earlier legal regulation. A separate subchapter is dedicated to circumstances excluding the illegality. In more detail, it deals...
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Material satisfaction of immaterial loss in czech private law
Čuříková, Pavla ; Švestka, Jiří (advisor) ; Salač, Josef (referee) ; Vychopeň, Martin (referee)
Material satisfaction of immaterial loss in Czech private law (summary) The purpose of my thesis is to analyze the moral and material satisfaction in Czech civil law. I wanted to provide a deep interpretation of these institutes which represent an important phenomenon in our time. The importance of protection of personality increased in the 20th century in connection with development of human and personal rights. In last years also according to mass media and global society. My aim was not only to give the interpretation of basic institutes and instruments of protection of personality but also to show more extensive circumstances of this topic, set into relevant judicial cases and European aspects. I quit the part regarding constitutional law which creates a basis for another law adjustment and other basic grounds because I have already dealt with them in my previous dissertations. Chapter one attempts to provide an introduction to the topic of my dissertation giving overview of all chapters. Chapter two and three are denoted to the basic institutions relating to the protection of personality, moral and material satisfaction. They show the meaning of the institutions and also give readers the introduction to these problems. Chapter four provides an important introduction to the history of protection of...
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Moral and material satisfaction in civil law
Čuříková, Pavla ; Švestka, Jiří (referee) ; Pohl, Tomáš (referee)
The purpose of my thesis is to analyze the moral and material satisfaction in Czech civil law. It provides a deep interpretation of these institutes which represent an important phenomenon in our time. The importance of protection of personality increased in the 20th century in connection with development of human and personal rights. In last years also according to mass media and global society. The aim was not only to give the interpretation of basic institutes and instruments of protection of personality but also to show more extensive circumstances of this topic, set into relevant judicial cases and European aspects. It goes from an introduction to moral and material satisfaction, basic institutions relating to the protection of personality, moral and material satisfaction, history, constitutional law, criminal law, administrative law to presumptions of remedying of protection of personality, the aspects of time perspective, proposal of new Czech civil code, changes to be made in legislation and conclusion.
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