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Rail transport of people in the Czech and German legal system
Ambrož, Jiří ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to describe and evaluate the legal system of the public transport of passengers on railways in legal systems of the Czech Republic and Germany, including the influence of European and international law. A comparison of the both of the legislations will be made, alternatively some of de lege ferenda proposals for the Czech legislator will be draft. This thesis deals with the both of domestic and international transport. The thesis is divided into six chapters including the introduction as a chapter one and conclusion as a chapter six. In the second chapter some of the legal terms form the field of transport theory such as transport or carriage are defined. The third chapter describes the historical development of the legal regulations of transport starting at the times of the Roman Empire. The fourth chapter deals with the today`s legislation of the transport. It`s subheads describe the influence of the public law, the sources of transport law, the legal systems of transportation, the contract of carriage and the rights of the parties to the contract. Each subhead describes the Czech legal system following by the description of the German one. When it`s suitable, the comparison of both of the legislations is made. The fifth chapter deals with the international law...
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A contract for carriage of person
Čapek, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
IN ENGLISH This rigorous thesis is dedicated to the passenger transport contract according to the Civil Code. At the beginning of thesis is dedicated the history of transport and transport contracts. Historical development of the contract influenced the legal rules of road and railway transport issued many years later. In the thesis are defined relevant sources of law. European legislation is very important for regulations this field. Public-law sources play a major role in the legal regulation of passenger transport contract. The passenger transport contract is, in most cases, a consumer contract, based upon the assumption taken over from EU law that protecting the passenger - i.e. consumer - is one of the key goals of legal regulation in this field. The thesis contains detailed analysis of basic terms related to passenger transport contract. Significant part of thesis part focuses on rights and duties of the contractual parties. These two basic entities are not, in fact, on an equal footing. It is the carrier, who generally acts as the stronger party. One of the purposes of the legislation is to protect the weaker party - i.e. the passenger. The thesis is dedicated to the responsibility of contracting parties. If a party to a legal relationship fails to meet their obligations, corresponding...
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Rail transport of people in the Czech and German legal system
Ambrož, Jiří ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The aim of this thesis is to describe and evaluate the legal system of the public transport of passengers on railways in legal systems of the Czech Republic and Germany, including the influence of European and international law. A comparison of the both of the legislations will be made, alternatively some of de lege ferenda proposals for the Czech legislator will be draft. This thesis deals with the both of domestic and international transport. The thesis is divided into six chapters including the introduction as a chapter one and conclusion as a chapter six. In the second chapter some of the legal terms form the field of transport theory such as transport or carriage are defined. The third chapter describes the historical development of the legal regulations of transport starting at the times of the Roman Empire. The fourth chapter deals with the today`s legislation of the transport. It`s subheads describe the influence of the public law, the sources of transport law, the legal systems of transportation, the contract of carriage and the rights of the parties to the contract. Each subhead describes the Czech legal system following by the description of the German one. When it`s suitable, the comparison of both of the legislations is made. The fifth chapter deals with the international law...
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A contract for carriage of goods
Čapek, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
v anglickém jazyce Contract for carriage of goods This thesis deals with the contract for carriage of goods. Its main objective is a legal analysis of this contract and demonstration of the wide scope of its use. Dynamic development of transport and the still growing volume of goods being transported showed us the need of good quality legal regulations. The largest part of the thesis deals with the czech legal regulations on the contract for carriage of goods; however the thesis considers also international regulations. The thesis consists of seven chapters. The first one shows historic development of transport as such, but namely development of legal regulations governing contracts of carriage. It also elaborates on the regulations immediately preceding to regulations contained in the new civil code. The second chapter is the introduction to the current issues of contracts of carriage. Besides that, this chapter contains the comparison with a forwarding contract, for which, the contract for carriage of goods is sometimes mistakenly taken. The broadest third chapter deals with the details of the czech legislation on the contract for carriage of goods contained in the civil code. It is divided into eight sub-chapters. It contains significant requirements for the contents of the contract. It closely...
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