|
|
Satisfaction of non-property harm
Skorkovská, Tamara ; Elischer, David (advisor) ; Dvořák, Jan (referee)
This master's thesis deals with compensation of non-pecuniary harm to health. It aims to analyze conceivable methods of compensation of non-pecuniary harm and individual claims arising from harm to health. They are compared with the previous legislation, selected foreign legislation and also with European soft-law documents. Subsequently I analyze the advantages and disadvantages of the different approaches. Non-pecuniary harm to health represents an area of law with steadily increasing importance. Not only there are further claims arising from harm to health enacted, but also the amount of damages granted grows exponentially. The Civil Code has brought new issues as well as a number of questions, out of which not all have been sufficiently analysed so far. The thesis is divided into three chapters. The necessary theoretical basics are described in the first one, that means the term of non-pecuniary harm, general rules relating to its compensation, short description of the historical development as well as the legal sources, including the European soft-law documents (PETL, DFCR). The second chapter addresses the individual claims of the injured party arising from harm to health. The type of claims, the requirements to be fulfilled in order to uphold the claim and especially the way of determining...
|
|
|
Punitive aspects of damages (legal and comparative analysis)
Janeček, Václav ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Czech courts regularly deal with a question of so-called just satisfaction; particularly, when, on what basis, and how much should be awarded. Just satisfaction, as a form of damages, is primarily compensatory. However, there are some indications that it is perfectly legitimate for law of damages to pursue also another aims than compensation such as prevention or punishment. This view was recently upheld by the Czech Constitutional Court and the Highest Court of the Czech Republic. According to doctrinal approach, it is the domain of punitive or exemplary damages as a specific Anglo-American instrument that covers these two principles (prevention and punishment). Still, the Czech Civil courts consistently refuse to award exemplary damages albeit they do not provide us any sound argumentation. The author of this article suggests it is inaccurate and only partial understanding of exemplary damages that causes the current judicial refusal of them. While focusing on current English and Czech law, the author in his article describes exemplary damages in great detail with respect to their theoretical, conceptual and systematic position. Subsequently, he shows that the negative attitude of the Czech courts is not always appropriate. First, looking at relevant case law, the article characterises what the...
|
guest ::
