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Liability for harm caused by maladministration
Moravec, Marek ; Rajchl, Jiří (advisor) ; Svoboda, Petr (referee)
This diploma thesis focuses on the topic of "Liability for damage caused by incorrect administrative procedure" under Act No. 82/1998 Coll., on liability for damage caused within the exercise of public authority by a decision or incorrect administrative procedure and on the amendment to Act No. 358/1992 Coll., on notaries and their activities (Notary Act), as amended. Formally, the thesis is divided into seven chapters, which are further split into individual subchapters. The first chapter deals with the historical development of legislation governing state liability within the exercise of public authority and with current sources of law, including the introduction of literature. The second chapter focuses on the characterization of the liability as a part of private law and on the basic definition of the term "incorrect administration procedure". This term is generally defined as any procedure of a public authority excluding decision-making activities, which is in conflict with generally applicable legal regulations. The third and fourth chapters respond to the adoption of Act No. 89/2012 Coll., Civil Code, and analyse individual impacts of its secondary application to liability obligations. In particular, the thesis address the question of the conceptual change of liability, namely in direct...
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Liability for harm caused by maladministration
Moravec, Marek ; Rajchl, Jiří (advisor) ; Svoboda, Petr (referee)
This diploma thesis focuses on the topic of "Liability for damage caused by incorrect administrative procedure" under Act No. 82/1998 Coll., on liability for damage caused within the exercise of public authority by a decision or incorrect administrative procedure and on the amendment to Act No. 358/1992 Coll., on notaries and their activities (Notary Act), as amended. Formally, the thesis is divided into seven chapters, which are further split into individual subchapters. The first chapter deals with the historical development of legislation governing state liability within the exercise of public authority and with current sources of law, including the introduction of literature. The second chapter focuses on the characterization of the liability as a part of private law and on the basic definition of the term "incorrect administration procedure". This term is generally defined as any procedure of a public authority excluding decision-making activities, which is in conflict with generally applicable legal regulations. The third and fourth chapters respond to the adoption of Act No. 89/2012 Coll., Civil Code, and analyse individual impacts of its secondary application to liability obligations. In particular, the thesis address the question of the conceptual change of liability, namely in direct...
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