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The Power to Moderate in the Czech Administrative Justice
Jílková, Nikola ; Staša, Josef (referee)
The subject of my qualification thesis is based on the institute of moderation right of courts, with its application areas including, apart from other branches of private law (such as civil justice) and public law (such as criminal justice), the area of administrative justice. The qualification thesis consists of eight parts. Part one defines general principles of the mentioned moderation right of courts, with a focus on the right of access to court in administrative justice, and on Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms as the theoretical basis of moderation right of courts. The first part continues with a consideration of the scope and limits of court powers when they review decisions on administrative penalties and the very essentials of the requirement for proportionality of administrative penalty. Part two begins with an analysis of the moderation notion and goes on to explain the purpose proper and the system of the moderation right of courts in administrative justice, with a consideration on how this purpose is seen by administrative courts themselves. Part three describes the individual legislatively defined conditions under which the moderation right may be applied by administrative courts, including a critical analysis of these conditions....
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The liability of the employee for the damages
Filipová, Kateřina ; Soušková, Milena (advisor) ; Spirit, Michal (referee)
The thesis is devoted to employee s liability for damages. The first chapter describes a system of labour law and its main sources. The successive chapter discusses the employment, defines its subject, object and content, and briefly defines the basic types of employment. Another chapter is devoted to responsibility as such, followed by a chapter focusing on responsibility in labour relations. An important part of this thesis is the types of labour employee s liability for damages and compensation. The work also briefly discusses the possibility of liability s insurance and moderation. The last chapter deals with specific fields examples, which is the basis for evaluation of legislation and recommendations for employees and employers.
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Contractual penalty – the frequent type of security
Šedová, Klára ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Contractual penalty is an effective and in practice often used type of security. However, we cannot consider the Czech legal regulation of the contractual penalty as ideal and there have been many difficulties connected with the application of this instrument. The thesis aims at clarification of the functions of contractual penalty, conditions for its valid and effective creation and consequences of the excessive sum of contractual penalty. Furthermore, the thesis focuses on the relation between contractual penalty and other legal instruments and finally also on comparison with other types of security. Main legal sources of the final thesis are court decisions, especially judgments of the Supreme Court of the Czech Republic. In the thesis there are used methods of historical and comparative interpretation.
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