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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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Monetary satisfaction as a legal tool for the protection of personal rights under civil law
Kameníková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
1 Abstract: The subject of this paper is the issue of the pecuniary satisfaction as a legal instrument of protection of the personality in civil law. It is obvious that the main object of this work is the question of personal rights and its protection, which has its part in constitutional laws. This paper also analyses the definition of law on protection of personality, an entitlements to sue and to be sued relating to protection of personality. This essay is divided into five chapters with relatively separated thesis. In the first part the issue of conception of personality is analysed. What is personality in the terms of law? There are two different views - in first personality is identical with human existence, in second view personality is only role assignated to human by system of law. This part of the work analyses especially socialistic view of person and its protection and iusnaturalistic conception of personality. Both of them have practical impacts on legislation in Czechoslovakia and in Czech Republic as well. Anthropological conception respects new proposal of Civil code, while socialistic view and its basics exerts influence up recent Civil Code nr. 40/1964. Second part of this work analyses generally personality rights and sources of laws of personality and monistic and dualistic theory. In...
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Monetary satisfaction as a legal tool for the protection of personal rights under civil law
Kameníková, Hana ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
1 Abstract: The subject of this paper is the issue of the pecuniary satisfaction as a legal instrument of protection of the personality in civil law. It is obvious that the main object of this work is the question of personal rights and its protection, which has its part in constitutional laws. This paper also analyses the definition of law on protection of personality, an entitlements to sue and to be sued relating to protection of personality. This essay is divided into five chapters with relatively separated thesis. In the first part the issue of conception of personality is analysed. What is personality in the terms of law? There are two different views - in first personality is identical with human existence, in second view personality is only role assignated to human by system of law. This part of the work analyses especially socialistic view of person and its protection and iusnaturalistic conception of personality. Both of them have practical impacts on legislation in Czechoslovakia and in Czech Republic as well. Anthropological conception respects new proposal of Civil code, while socialistic view and its basics exerts influence up recent Civil Code nr. 40/1964. Second part of this work analyses generally personality rights and sources of laws of personality and monistic and dualistic theory. In...
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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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