|
|
Compensation for non-material damage in the event of injury and death in collateral proceedings
Kunclová, Lucie ; Tejnská, Katarína (advisor) ; Tlapák Navrátilová, Jana (referee)
Compensation for non-material damage in the event of injury and death in col- lateral proceedings Abstract This thesis explores compensation for non-material damage in the event of injury and death within the context of criminal proceedings. The thesis is divided into five chapters. The first chap- ter focuses on the concept of the injured party, its definition, its role in criminal proceedings, rights, and obligations. Additionally, it delves into the assessment of the injured party's needs and goals in the context of criminal proceedings. The second chapter deals with the institution of collateral proceedings, providing a definition and describing its course. The third chapter focuses on the issue of non-material damage in the event of injury, the calculation of compensation, the court's procedure in the calculation, and the development of case law. The next chapter discusses the compensation for injury in case of death, the conceptual definition of individual claims, the range of persons compensated, and the proposal to expand it. The fifth chapter focuses on selected prob- lems related to compensation for non-material damage in personal injury and death within the framework of criminal proceedings. Despite some changes in favour of victims, there are still shortcomings both in legislation and in...
|
|
|
Compensation for Personal Injury
Hamran, Richard ; Salač, Josef (advisor) ; Selucká, Markéta (referee) ; Šustek, Petr (referee)
COMPENSATION FOR PERSONAL INJURY ABSTRACT The aim of this thesis is to elaborate on the following questions: Whether and to what extent the compensation for personal injury (or, in other words, compensation for non- pecuniary damage to bodily and mental health) under the new Czech Civil Code (Act No. 89/2012 Coll.) ("NCC") means a (r)evolution in comparison to the previous Czech Civil Code (Act No. 40/1964 Coll.) ("OCC") and what conclusions can be drawn in this regard when comparing the NCC to selected European jurisdictions. In order to answer these questions, the comparative method as the main method was chosen for the purpose of this paper. In particular, this thesis compares the NCC to the OCC on one hand and to German law, Austrian law, French law, English law, PETL and DCFR on the other hand. The paper consists of four main parts: compensation for personal injury in the selected European jurisdictions, under the OCC, under the NCC, and the comparative part. Each of those parts addresses the same three principal issues: fundamental questions of tort law with the focus on compensation of non-pecuniary damage; compensation for personal injury of direct (primary) victims and that of indirect (secondary, third party) victims. Based on the research, we come to the following conclusions: Provided that the...
|
|
|
Protection of personal rights in continental system and common law
Ondřejová, Eva ; Švestka, Jiří (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
With the increased global infringement of personal rights, it is necessary to be aware of the protection in the different legal systems, especially Anglo-American. Even if the consequences are to be felt in the domestic legal order, the enforceability is recognized under the foreign legal order. The protection is worldwide and through the case law from the European Court of Human Rights the two legal systems - Common law and the Civil Law are penetrating the legislation and the case law in respect of the institute of the protection of personal rights. The doctorate thesis presents the complex introduction to the area of protection of personal rights in the Common law, especially in English law, Commonwealth countries and USA that has not been presented yet for the Czech legal professionals. The thesis explains theoretical concept of the Common law and its background for the purpose of explanation of differences of examined legal orders. The institute is explained on the key historical case law that led to establish the Common law principles. The thesis uses the current and topical legal cases and problems that the orders face in the 21st Century.
|
|
|
Current issues of collateral proceedings
Lehejčková, Petra ; Beranová, Andrea (advisor) ; Tejnská, Katarína (referee)
Current issues of collateral proceedings This thesis deals with one of the current issues of the so-called collateral proceedings, namely the compensation for non-material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm in these proceedings. This issue is very topical mainly due to a fundamental change in the legal regulation of the compensation for non-material damage in question brought by the Civil Code in 2014. This topic is also very specific as criminal, civil and medical law intertwine in it. The thesis contains chapters occupying on criminal law institutes of the injured party and collateral proceedings, which are topics closely related to the focus of this work and their explanation should be included in the thesis for the purpose of understanding of the selected topic. However, main part of the work focuses on the private law regulation of the compensation for non- material damage in the case of bodily harm and compensation for non-material damage in the case of killing or particularly serious bodily harm according to sec. 2958 and sec. 2959 of the Civil Code. The thesis is divided into four parts. The first part deals with the injured party as it is the main subject of collateral proceedings. This part...
|
|
|
Non-pecuniary harm and its compensation in judicial practice
Kepková, Pavlína ; Elischer, David (referee)
Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...
|
|
|
-
Skařupová, Jana ; Beranová, Andrea (advisor) ; Galovcová, Ingrid (referee)
-1- Compensation for non-material damage in collateral proceedings Abstract This thesis deals with compensation of non-material damage in the so called collateral proceedings. The aforementioned is part of criminal proceeding, but it is initiated only by a petition of the injured party under the Code of Criminal Procedure. In the collateral proceeding the court shall decide on the private claim of the injured party for compensation of non-material damage caused by the criminal offence. The indisputable advantages of asserting a claim in this proceeding is mostly its speed, cost effectiveness and less requirements for the injured party in terms of burden of proof. However number of specific questions arise with regard to the fact that the criminal court adjudicates the private claims under the substantive law rules of private law (most often civil and labour law), all in the context of criminal proceedings. This thesis aims to comprehensively address the issue of granting compensation of non-material damage in collateral proceedings and to evaluate the application of legal regulation from the perspective of the criminal court. The thesis is divided into four parts. The first part defines the term injured party as of the basic term of the legal regulation. The difference of the term 'injured party' from the...
|
|
|
Non-pecuniary harm and its compensation in judicial practice
Kepková, Pavlína ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...
|
|
|
Compensation for non-material damage in the event of injury and death in collateral proceedings
Sýkora, Jiří ; Tejnská, Katarína (advisor) ; Heranová, Simona (referee)
Compensation for non-material damage in the event of injury and death in collateral proceedings Abstract The thesis deals with a very current topic of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis also contains chapters, that focus on an injured person and collateral proceedings, which are concepts directly connected to the main topic of the thesis. The thesis contains the definition of an injured person, rights and obligations of the injured person in the criminal proceedings and also the definition of collateral proceedings and its process. In particular, the thesis focuses on the compensation of non-material damage in the event of injury and death according to § 2958 and 2959 of the Civil code. The thesis also describes the current judicial decisions of criminal courts in the area of compensation for non-material damage in the event of injury and death in collateral proceedings. The thesis is composed of four parts. The first part of the thesis deals with the injured person. It contains the concept of an injured person and its legal definition. The rights and obligations of the injured party in criminal proceedings are also briefly described in this part. The second part of the thesis focuses on collateral proceedings. This part contains the...
|
|
|
Collateral Proceedings
Beranová, Andrea ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Vanduchová, Marie (referee)
The doctoral thesis focuses on the part of criminal proceedings in which the court adjudicates the injured person's private claims which arose in connection with a criminal act (so-called collateral proceedings). The importance of collateral proceedings lies in the fact that by using it the injured party may avoid time-consuming, financially as well as procedurally demanding civil proceedings. However, the institute of collateral proceedings comprises a number of specific issues since a criminal court adjudicates the private claims of the injured party in compliance with substantive law rules being outside of the scope of criminal law (mainly civil law and labour law regulations) but, still, within the framework of criminal proceedings. The basic source of the submitted thesis is the Czech legal order. However, it is not the only one taken into consideration. The doctoral thesis also contains comparative analysis of legal regulation of collateral proceedings from the point of view of the German and Swiss legal orders. Following the analysis of collateral proceedings de lege lata, as well as the comparison with foreign models I am submitting proposals for the improvement of legislation that could be used in connection with the planned recodification of the Czech Criminal Procedure.
|
|
|
Protection of personal rights in continental system and common law
Ondřejová, Eva ; Švestka, Jiří (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
With the increased global infringement of personal rights, it is necessary to be aware of the protection in the different legal systems, especially Anglo-American. Even if the consequences are to be felt in the domestic legal order, the enforceability is recognized under the foreign legal order. The protection is worldwide and through the case law from the European Court of Human Rights the two legal systems - Common law and the Civil Law are penetrating the legislation and the case law in respect of the institute of the protection of personal rights. The doctorate thesis presents the complex introduction to the area of protection of personal rights in the Common law, especially in English law, Commonwealth countries and USA that has not been presented yet for the Czech legal professionals. The thesis explains theoretical concept of the Common law and its background for the purpose of explanation of differences of examined legal orders. The institute is explained on the key historical case law that led to establish the Common law principles. The thesis uses the current and topical legal cases and problems that the orders face in the 21st Century.
|
guest ::
