|
|
Damages for personal injury in the Czech Republic and in a comparative perspective
Bukvaiová, Lenka ; Elischer, David (advisor) ; Šustek, Petr (referee)
Damages for personal injury in the Czech Republic and in a comparative perspective Abstract This thesis deals with the issue of compensation for personal injury in the Czech Republic and, from a comparative perspective, in German and Slovak legislation. Analyzing the corresponding clauses of the Civil Code and the Supreme Court Guidelines, attention is given to the scope of the breach of the victim's personal integrity and methods determining its monetary compensation. Further related questions are likewise examined. The thesis explains the approach of the Czech legislation towards the possibility of a transfer of entitlements to a third person, the conditions for the statute of limitations for damages for personal injury, and the relationship of monetary compensation and marital community property. Concerning the recodification of private law, which has also affected the regulation of damages for personal injury, the thesis also presents an overview of the particular substantial changes that were brought by the new Civil Code entering into force. The thesis further deals with compensation for personal injury within criminal proceedings. It analyses the relevant clauses of the Penal Code and brings a systematic overview of the so-called adhesion procedure, which deals with the victim's claims in the case a...
|
|
|
Civil-law liability arises upon the provision of health services
Zykánová, Lenka ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Civil-law liability arises upon the provision of health services Abstract This diploma thesis aims to analyze in detail the civil-law liability arising out of the provision of health services; special focus is drawn to non-pecuniary damage to health and life of the patient and non-pecuniary damage of the close persons during the provision of health services by the breach of duties of the doctor, including ways and extent of compensation sustained harm. The thesis explains the current legal framework within which civil-law liability for the provision of health sevices is assessed, with individual references to the previous legal acts (i.e. the 1964 Civil Code and the Decree on compensation of non-pecuniary damage). The changes and weaknesses of the current legal framework are pointed out. The thesis comprises of an introduction, five main chapters and a conclusion. First and second chapters delimitate the issue at hand, introduce elementary terms important for the field [of civil-law liability for the provision of health services], and sources of law and shed light onto the relationship between the two key legal acts governing the provision of health services, that being the Civil Code and the Act on Provision of Helath Services. The substance of human life and health as two individual personal rights is...
|
|
|
Civil-law liability arises upon the provision of health services
Zykánová, Lenka ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Civil-law liability arises upon the provision of health services Abstract This diploma thesis aims to analyze in detail the civil-law liability arising out of the provision of health services; special focus is drawn to non-pecuniary damage to health and life of the patient and non-pecuniary damage of the close persons during the provision of health services by the breach of duties of the doctor, including ways and extent of compensation sustained harm. The thesis explains the current legal framework within which civil-law liability for the provision of health sevices is assessed, with individual references to the previous legal acts (i.e. the 1964 Civil Code and the Decree on compensation of non-pecuniary damage). The changes and weaknesses of the current legal framework are pointed out. The thesis comprises of an introduction, five main chapters and a conclusion. First and second chapters delimitate the issue at hand, introduce elementary terms important for the field [of civil-law liability for the provision of health services], and sources of law and shed light onto the relationship between the two key legal acts governing the provision of health services, that being the Civil Code and the Act on Provision of Helath Services. The substance of human life and health as two individual personal rights is...
|
guest ::
