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Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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Civil liability for the harm to health caused during medical treatment under Czech and German law (a comparison)
Resl, Matěj ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This diploma thesis compares the Czech legal regulation of civil liability for bodily harm caused during medical treatment to the German legislation on the matter. In this case, the German legal regulation can serve as a source of inspiration due to its stable development. Both legal regulations can be assessed with respect to the rules being preferable either for the harmer or the sufferer. Concerning the provisions within the German law that are preferable for the patient, they cover e.g. the origin of liability for bodily harm caused by all participating persons providing the medical treatment while doing a tortious act, including the direct liability of persons who are "used by the activity". Due to the broader concept of harm in the German civic law the patient has a right for damages based on a generally defined nonmaterial harm, where the conrete amount of damage is determined by the court. The German legal regulation is preferable and more equitable especially for young injured, in which case the assessment of damages for the salary lost is not based only on the average salary of the sufferer before the harm was caused, but it also reflects the lifetime salary, which the injured could have achieved, had the bodily harm not been caused. By contrast, some provisions in the German legislation...
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Civil law aspects of health protection
Vopěnková, Zdenka ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The subject of this paper is the civil law aspects of health protection. The aim of the thesis is to analyse the relevant law concerning the topic and compare it to regulation suggested in the new civil code. Considering the breadth of the topic, the thesis does not deal with all aspects of this issue but just focuses on some of the most debatable questions. Not only the current law and related literature is considered, but a particular emphasis is also put on related case law. In some parts the paper also takes into consideration the fundamental masterpiece of European tort doctrine - Principles of European Tort Law (PETL). The thesis is composed of five chapters, each of them dealing with different aspects of the topic. Chapter One provides an outline of relevant Czech and international law. Chapter Two analyses the concept of right to health protection as a part of personality protection and deals with its object, content and subjects. Chapter three is devoted to the unlawful infringement of the right to health protection and its consequences. Chapter Four focuses on civil law responsibility for unlawful infringement and on the circumstances which are necessary for the responsibility for injury to health to arise and also on the subjects to this responsibilty. This chapter also includes problems...
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Compensation for damage caused by exercise of public authority and public administration
Varmuža, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Responsibility for damages caused by the execution of public authority and public administration and compensation for such acts is a surprisingly layered issue. When tackling this, it is vital to start with the general discourse, especially with emphasis on the teleological basis of the issue in the legal system as a whole. Only by working in this manner is it possible to address the current unanswered questions that surpass into legal philosophy - mainly the issue of lawmaker's responsibility for the content of his work. This area, together with a brief historical introduction is part of this thesis to ensure its comprehensiveness. The focus of this text lies in the presentation of the institutes found in the Act no. 82/1998 Sb., about the responsibility for damages caused by the execution of public authority and public administration. This issue is addressed comprehensively during the course of this thesis. I try to tackle the conditions for the invocation of the responsibility clauses, its character and the subjects of the relation among others. I also mention various problematic passages found in the Act and possible ways of improvement.
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Employee's liability for damage caused to the employer
Volková, Petra ; Štangová, Věra (referee) ; Brádlerová, Libuše (referee)
Employee's liability for damage caused to the employer Abstract My rigorosum thesis deals with the issue of "Employee's liability for damage caused to the employer". My main motivation to choose this topic is to the fact because it is connected with every individual of working age, exactlier said - with every employee. Legal regulation of employee's liability for damage caused to the employer undoubtedly belongs to the most important areas of labour law. The above mentioned issue is highly topical. The high topicality is presented by a high number of judicial decisions of courts of all instances. It is clear that not only in the judicial decisions of general courts but also in the judicial decisions of the Supreme Court of the Czech Republic dealing with the employee's liability for damage caused to the employer is increasing. In my rigorosum thesis I focus first and foremost on the analysis of legal regulation of employee's liability for damage caused to the employer as well as on the closest legal matter connected with the main issue of this rigorosum thesis. I also deal with the matter of application of the legal regulation in legal practice mostly based on judicial decisions of the general courts of all instances as well as judicial decisions of the Supreme Court of the Czech Republic. I analyse the...
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Liability for a damage in the practise of the courts
Gergeľová, Zuzana ; Drápal, Ljubomír (advisor) ; Pichrt, Jan (referee)
Liability for a damage in the practise of the courts: The aim of the thesis is to analyse liability for damage in the Czech labour law with an emphasis on the case law. The thesis contains examination of various aspects of liability for a damage in the labour law with the highlight on a practice of the courts. There are five chapters included in the thesis. The first one begins with the general conception of the liability in the Czech law. The liability for damage with the specification of its basis is described next. The next part points out that there are basically two kinds of the liability for damage: the liability of an employee and the liability of an employer. The ending of the first chapter is dealing with the significance of the case law in the continental Europe system, particularly in the Czech law. The second chapter characterises the liability for a damage of an employee. The General liability of an employee with a detail analysis of the basis of the liability, which can be found through the whole thesis, is presented firstly. In the next part focuses on the basic requirements for the formation of the distinctive liabilities for a damage, the Liability for a shortfall in things entrusted to an employee and the Liability for a loss of the things entrusted to an employee. The last part of...
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Modern Technologies in Medicine and Law
Konečná, Klaudie ; Zvára, Michael (referee)
Modern Technologies in Medicine and Law Abstract This thesis deals with the application of modern technologies in medicine from the perspective of law. The primary aim of this work is to analyse the given provisions of the Civil Code, Act on Health Services and Act on Medical Devices, and also to determine whether the current legislation represents a suitable legal framework able to respond to the implementation of modern technology in the healthcare sector. In connection with this analysis, author presents possibilities of legislative changes that would respond to these modern technologies. The work inter alia deals with the question of whether the use of some of these technologies within the provision of healthcare services can be considered compliant with the principle of lege artis. In the first chapter, the reader is introduced to the topic of the thesis. This chapter defines the basic terms and presents an overview of the legislation related to the chosen topic. The second chapter represents a main part of the thesis, where author deals with the topic of artificial intelligence. In this chapter, the reader is acquainted with the term of artificial intelligence and the definition of its legal status. Subsequently, author evaluates whether the current legislation constitutes appropriate legal frameworks...
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Modern Technologies in Medicine and Law
Konečná, Klaudie ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Modern Technologies in Medicine and Law Abstract This thesis deals with the application of modern technologies in medicine from the perspective of law. The primary aim of this work is to analyse the given provisions of the Civil Code, Act on Health Services and Act on Medical Devices, and also to determine whether the current legislation represents a suitable legal framework able to respond to the implementation of modern technology in the healthcare sector. In connection with this analysis, author presents possibilities of legislative changes that would respond to these modern technologies. The work inter alia deals with the question of whether the use of some of these technologies within the provision of healthcare services can be considered compliant with the principle of lege artis. In the first chapter, the reader is introduced to the topic of the thesis. This chapter defines the basic terms and presents an overview of the legislation related to the chosen topic. The second chapter represents a main part of the thesis, where author deals with the topic of artificial intelligence. In this chapter, the reader is acquainted with the term of artificial intelligence and the definition of its legal status. Subsequently, author evaluates whether the current legislation constitutes appropriate legal frameworks...
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