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Motor third party liability insurance
Šmíd, Jan ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Abstract Motor third party liability insurance The diploma thesis deals comprehensively with the issue of liability insurance for damage caused by the operation of a vehicle - the most important compulsory contractual insurance in the Czech Republic, focusing on the creation of the obligation of the damager to compensate for damage caused by the operation of the vehicle and the subsequent creation of the right of the injured party to insurance benefits. The aim of this thesis is a comprehensive solution of the situation arising as a result of a traffic accident caused by a combination vehicle, the individual parts of which are insured by different insurers and a description of the legal relations between the individual entities. To this end, the thesis is divided into four chapters. In the first chapter of the thesis, the institution of insurance is generally defined, as well as the basic concepts associated with this institution. In the second chapter of the thesis, an interpretation of the creation of the duty of the tortfeasor to compensate for the damage is given, focusing on the damage arising in connection with the operation of vehicles, including an interpretation of closely related issues to the tortfeasor's duty to compensate for the damage. Subsequently, the current legal regulation of liability...
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Liability for damage caused by and to an animal
Kvasnicová, Sandra ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Liability for damage caused by and to an animal Abstract In this paper, entitled "Liability for damage caused by and to an animal", I focus on the analysis of the private law framework of attributability and liability for injury caused by and to animals, i.e. the concept of the property of a "thing" that is to some extent uncontrollable. For the sake of comprehensiveness, the issue is also briefly outlined from a public law perspective. This paper aims to provide a comprehensive and expert summary of information on current domestic legislation, to mention possible shortcomings thereof, and to provide the reader with an overall picture through a number of examples and theoretical situations. The paper is divided into six chapters. The introduction deals with the animal as a concept in the legal sense and also defines the terms game and animal, as they are fundamental to the whole paper. Understanding the terms and distinguishing them from the subject matter is fundamental to understanding the issue. The following chapter is devoted to the Czech historical regulation of the concept of animal as its understanding changed in domestic civil law until the adoption of the current Civil Code. In its main parts (the third, fourth and fifth), the paper focuses on the current legal regulation of liability for injury...
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Economic Analysis of Law in the Field of Liability for Damage
Przeczek, Michal ; Bažantová, Ilona (advisor) ; Borkovec, Aleš (referee)
Economic Analysis of Law in the Field of Liability for Damages This thesis focuses on the application of economic analysis of law, which is an approach enabling an alternative view of legal institutions because of its specific methodology. Although this theoretical school originated in the common law system, which is still its realm, the thesis shows potential overlaps to the system of civil law. Questions concerning civil liability for damages are examined as an example of a possible application. The initial chapter of the thesis is concerned with introducing the economic analysis of law. At first, it briefly describes its historical development including links to some related schools. Foundations, areas of resesarch, basic concepts and methodology are also examined in this chapter. The specific application of economic approach in relation to civil liability for damages is discussed in the second part. It describes the choice between negligence and strict liability, problem of causation and procedural aspects of claims for compensation for damage. Special attention is drawn to the Learned Hand test established by case-law as a method to assess the conditions of liability. This method is based on considering economic criteria using a cost analysis. The part dealing with behavioral findings extending...
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Liability for damages caused by an autonomous vehicle
Kosina, Kryštof ; Elischer, David (advisor) ; Dvořák, Jan (referee)
Liability for damages caused by an autonomous vehicle Abstract For several years now, autonomous vehicles have been one of the most interesting topics associated with the upcoming Industry 4.0 and the spread of artificial intelligence in society. This thesis therefore deals with the topic of autonomous vehicles as a subset of autonomous systems, specifically in connection with civil-law liability. It is probable that in the future there will be a massive expansion of autonomous means of transport in society, and it cannot be ruled out that a situation will arise where their setting will result in damage. The aim of this thesis is to present the models of liability, the use of which is discussed by jurisprudence in connection with autonomous vehicles, and to assess the possibility of using the current institutes of Civil Code, to find a suitable future solution. For this purpose, the thesis first deals with the concept of autonomous vehicles according to the Civil Code and other legislation and by using existing definitions of artificial intelligence deals with specific features of autonomous systems, as well as the status of specific persons associated with the operation of autonomous vehicles in light of current legislation, their typology and conditions of their operation itself. The second part of this...
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Due diligence and care of the member of the board of directors and compensation for damaage as a result of its breach
Petráčková, Pavlína ; Černá, Stanislava (advisor) ; Josková, Lucie (referee)
The presented thesis "Duty to act with due managerial care of the member of the board of directors and liability for damages in case of its breach" focuses on one of the key topics of corporate law, namely the duty of a member of the board of directors to act with due managerial care and the selected consequence of its violation - damages. The aim of this thesis is mainly a description and analysis of the institute of due managerial care, the rules of business judgment and liability for damages in the event of its breach, including the respective historical development. Emphasis is also placed on the form and standard of due managerial care in selected areas that play an important role in the life of a business corporation, especially with regard to the key issues that arise in these areas. In this context, not only the current case law and legal doctrine are explained in this work for illustration, but also previous judicial conclusions and conclusions of the professional public, which will be applied in the current legal environment. Last but not least, this work also deals with the legal regulation of due managerial care and the business judgment rule in English law, where the space is devoted not only to the general interpretation of individual institutes, but also to the conclusions of case...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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Economic Analysis of Law in the Field of Liability for Damage
Przeczek, Michal ; Bažantová, Ilona (advisor) ; Borkovec, Aleš (referee)
Economic Analysis of Law in the Field of Liability for Damages This thesis focuses on the application of economic analysis of law, which is an approach enabling an alternative view of legal institutions because of its specific methodology. Although this theoretical school originated in the common law system, which is still its realm, the thesis shows potential overlaps to the system of civil law. Questions concerning civil liability for damages are examined as an example of a possible application. The initial chapter of the thesis is concerned with introducing the economic analysis of law. At first, it briefly describes its historical development including links to some related schools. Foundations, areas of resesarch, basic concepts and methodology are also examined in this chapter. The specific application of economic approach in relation to civil liability for damages is discussed in the second part. It describes the choice between negligence and strict liability, problem of causation and procedural aspects of claims for compensation for damage. Special attention is drawn to the Learned Hand test established by case-law as a method to assess the conditions of liability. This method is based on considering economic criteria using a cost analysis. The part dealing with behavioral findings extending...
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Liability for damages - Indemnity
Cidlina, Václav ; Hendrychová, Michaela (referee) ; Frinta, Ondřej (referee)
The rigorous thesis Liability for damages - Indemnity mainly describes requisite assumptions that constitute an obligation to provide indemnity. The thesis compares the existing legislation of Act No. 40/1964 Coll., the Civil Code and Act No. 89/2012 Coll., the prospective new Civil Code. The author further describes the law relating to the obligation to provide indemnity under the German Civil Code, emphasizing particularly the fact that general provisions of the new Civil Code dealing with the obligation to provide indemnity have been inspired by the German Civil Code.
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Liability for damages - Indemnity
Cidlina, Václav ; Hendrychová, Michaela (referee) ; Frinta, Ondřej (referee)
The rigorous thesis Liability for damages - Indemnity mainly describes requisite assumptions that constitute an obligation to provide indemnity. The thesis compares the existing legislation of Act No. 40/1964 Coll., the Civil Code and Act No. 89/2012 Coll., the prospective new Civil Code. The author further describes the law relating to the obligation to provide indemnity under the German Civil Code, emphasizing particularly the fact that general provisions of the new Civil Code dealing with the obligation to provide indemnity have been inspired by the German Civil Code.
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Damages under the United Nations Convention on contracts for the international Sale of Goods
Veselý, Tomáš ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The recent decades have seen a steady growth of international trade of goods. In order to harmonize the legal environment concerning this materia, attempts for unification of international sales law have been made. In the field of sales of goods, several international instruments have been adopted. These include the (unsuccessful) Convention relating to a Uniform Law on the International Sale of Goods, the model laws, i.e. the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and, most notably, the UN Convention on Contracts for the International Sales of Goods (CISG). This master's thesis aims to explore one type of remedies for non-performance under the CISG, namely provisions on damages. In a great detail, articles 74, 77, 79 and 80 will be analysed. First, a detailed commentary on two major prerequisites for liability for damages, i.e. causation and foreseeability, will be given. The various factual and legal causation theories will be described. Then it will be demonstrated why it is just and useful that the CISG contains a provision for limiting liability to foreseeable loss and how foreseeability is measured. We will then move to another method of limiting damages - mitigation rule. It will be shown why it is in the aggrieved party's best...
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