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Micro UAV certification for CR airspace
Sobotka, Vojtěch ; Janhuba, Luboš (referee) ; Pejchar, Jan (advisor)
This bachelor‘s thesis maps the unmanned aircraft system operation legislation valid in the Czech Republic. It contains a summaries of design and operation restrictions of these systems and radio frequency bands suitable for operating them. It deals with the matter of legal responsibility for damage caused by unmanned aircraft system operation and the matter of possible violation of personal data protection. It includes a summary of common EU unmanned aircraft system legislation and its expected future development. The preparation of the documentation necessary for VUT 720 unmanned airrcaft system registration and certification is also part of this thesis.
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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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Comparison of the legislation of liability for damage in the Czech and Austrian civil law
Lorenc, Jan ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of this Master's degree thesis is "Comparison of the legislation of the damage liability in the Czech and Austrian civil law". The purpose of the thesis is to give the general summary of the topic and to point out the main differences and similarities in the area of damage liability in the Czech and Austrian civil law. The core of the thesis consists in the comparison of the tort liability, i.e. damage liability arising from the illegal act (tort law) and the strict liability. The thesis should also verify, if the legislation of the damage liability in the traditional Austrian Code - Civil Code of Austria - is similar to the legislation in the Civil Code of the Czech Republic and if the Civil Code of Austria was an inspiration for the new Czech Civil Code. The thesis is composed of six chapters, the core could be found in the chapter two, four and five. Chapter One is a historical introduction and it describes the evolution of the civil law in the Austrian and Czech area. Chapter two is focused on the basic terminology and the key terms such as "damage liability" and "damages" and the constitution conditions of the damage liability as well as damages. The chapter gives a description of the main differences and similarities in the terminology in the both Codes. Chapter three examines the...
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Claims arising from the breach of a contractual obligation (in private law relationships)
Kašová, Lenka ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Claims arising from the breach of a contractual obligation (in private law relationships) The topic of this Master's degree thesis is "Claims arising from the breach of a contractual obligation in private law relationships". The aim of this thesis is especially to outline the claims that may arise to the contractual party in case the other party breaches its contractual obligation. The text characterizes the particular claims, compares them mutually and subsequently shows their main differences. Each chapter contains an important passage focused on legal enactment of particular claims in the New Civil Code that comes into effect on 1st January 2014. The thesis is composed of four chapters, each of which deals with one legal institute that may be considered as a consequence of the breach of contract, namely the liability for default, the liability for damage, the contractual penalty and the liability for defects. The chapter One analyzes situation when the debtor breaches his duty to perform duly and in due time. The purpose of the chapter Two is to describe the essential preconditions for occurrence of the liability for damage, to provide with information about scope and methods of damages including (im)possibility of contractual limitation of damages under Czech law. The second chapter also...
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Legal consequences with respect to the breach of contract under civil law
Novák, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
S u m m a r y The goal of this thesis is to analyse the legal consequences of the breach of contract, especially under civil law, although, some essential comparison with legal regulation of commercial law is given, too. The text is divided into ten chapters. In the introduction, i. e. in the first two chapters the term of contract is defined and then the basic legal principles of the contractual law are enumerated and described in respect of the topic. The third chapter deals with the subject of the paper globally and shortly characterises each consequence of the breach of contract. The account of them is also given. The following chapters provide complete information how every consequence works and which part it plays in the Czech legal system. Specifically, Chapter Four is focused on debtor's delay and Chapter Five on creditor's delay. Chapter Six investigates liability for damage and damages a bit, as well. Chapter Seven deals with liability for defects and Chapter Eight is about contractual fine. In Chapter Nine is mentioned discharge of contract and its consequences. Each of in this paragraph enumerated chapters describes its subject itself and also relevant related problems in context with practice of the courts. In the last chapter, i. e. in the Conclusion is the whole topic shortly summarized with...
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Civil liability for the harm to health caused during medical treatment under Czech and German law (a comparison)
Resl, Matěj ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This diploma thesis compares the Czech legal regulation of civil liability for bodily harm caused during medical treatment to the German legislation on the matter. In this case, the German legal regulation can serve as a source of inspiration due to its stable development. Both legal regulations can be assessed with respect to the rules being preferable either for the harmer or the sufferer. Concerning the provisions within the German law that are preferable for the patient, they cover e.g. the origin of liability for bodily harm caused by all participating persons providing the medical treatment while doing a tortious act, including the direct liability of persons who are "used by the activity". Due to the broader concept of harm in the German civic law the patient has a right for damages based on a generally defined nonmaterial harm, where the conrete amount of damage is determined by the court. The German legal regulation is preferable and more equitable especially for young injured, in which case the assessment of damages for the salary lost is not based only on the average salary of the sufferer before the harm was caused, but it also reflects the lifetime salary, which the injured could have achieved, had the bodily harm not been caused. By contrast, some provisions in the German legislation...
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Liability in Public Health Insurance System in the Czech Republic
Kops, Richard ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
MMGGRR.. RRIICCHHAARRDD KKOOPPSS OODDPPOOVVĚĚDDNNOOSSTT ZZAA ŠŠKKOODDUU VV SSYYSSTTÉÉMMUU VVEEŘŘEEJJNNÉÉHHOO ZZDDRRAAVVOOTTNNÍÍHHOO PPOOJJIIŠŠTTĚĚNNÍÍ VV ČČEESSKKÉÉ RREEPPUUBBLLIICCEE RRIIGGOORRÓÓZZNNÍÍ PPRRÁÁCCEE AAbbssttrraacctt iinn EEnngglliisshh The thesis is based on an explanation of the main legal principles of payment of medical services via public funds - public health insurance, and demonstrates various possibilities of application of liability. Responsibility springing from the Civil Code is compared with a special institute of compensation (reimbursement) of the costs paid for health services due to the unlawful action against the insured, in order to stress the subsidiarity of the Civil Code and to outline the practical difficulties of interpretation. Liability and the compensation mentioned above are being analyzed in general at first and more deeply afterwards, always tied to some of the benefits in kinds - allowances of the public health insurance system. Although the author collides and struggles with the imperfections of existing legislation or its interpretation, he tries to make comprehensive, clear and practical tool for reader to make its own opinion if faced with these issues in practice.
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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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Compensation for damage caused by exercise of public authority and public administration
Varmuža, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Responsibility for damages caused by the execution of public authority and public administration and compensation for such acts is a surprisingly layered issue. When tackling this, it is vital to start with the general discourse, especially with emphasis on the teleological basis of the issue in the legal system as a whole. Only by working in this manner is it possible to address the current unanswered questions that surpass into legal philosophy - mainly the issue of lawmaker's responsibility for the content of his work. This area, together with a brief historical introduction is part of this thesis to ensure its comprehensiveness. The focus of this text lies in the presentation of the institutes found in the Act no. 82/1998 Sb., about the responsibility for damages caused by the execution of public authority and public administration. This issue is addressed comprehensively during the course of this thesis. I try to tackle the conditions for the invocation of the responsibility clauses, its character and the subjects of the relation among others. I also mention various problematic passages found in the Act and possible ways of improvement.
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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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