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Protection of the personal rights in judical decisions of the European Court of Human Rights and the Constitutional Court
Šimák, Radim ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Protection of Personality Rights in the Context of Decisions of the European Court of Human Rights and the Constitutional Court of the Czech Republic The topic of this thesis is protection of personality rights and its conflict with freedom of speech in the media environment, in the context of the decisions of the European Court of Human Rights (ECHR) and the Constitutional Court of the Czech Republic (CC). The aim of this thesis is to present and analyse individual concepts that are based on the decisions (case- law) of the ECHR and the CC, and establish rules and guidelines for assessing the conflict between the protection of personality rights and freedom of speech in the media. The thesis is systematically divided into eight chapters. Before the actual analysis of ECHR and CC case-law, the theoretical foundations of the subject are described in the first three chapters. In the first chapter, the basic terms are defined, which the work subsequently applies, such as the concept of personality, the so-called general personality right, media and media environment. In the second chapter, individual sources of law in the field of personality protection are presented, at the international, European and national level. In the third chapter, selected partial personality rights are presented in more...
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Protection of personality rights
Strejcová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The objective of this thesis is to provide an overview of general part of the protection of personality in the Czech legal system, as well as a detailed analysis of selected aspects of personal rights. The thesis focuses on protection provided by the Act Nr. 89/2012 Sb., Civil Code, and the European Convention on Human Rights. Initial chapters of the general part of the thesis deal with brief introduction to the historical background of personality rights in the Czech legal environment, as well as with the definition of personality and personality rights as such, together with a demonstrative list of values protected by the general right of personality. The subsequent chapter provides an overview of Czech and international sources of law concerning personality protection. Chapter four deals with lawful and unlawful interferences with personality rights. The final chapter of the general part outlines legal means of protection of personal rights available according to the Czech law. The special part of the thesis is dedicated to a deeper analysis of three aspects of protection of personal rights. Chapter six deals with one of the most important personal rights, the right to privacy. This chapter aims to introduce the broad concept of privacy, including case law of the European Court of Human Rights...
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Protection of personality in the media area
Fičurová, Nora ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The submitted diploma thesis provides an introduction into the topic of conflict of the personality rights of an individual with the freedom of expression of media and right to receive information of others. The emphasis is put on the Czech and European case law. Marginally is mentioned also the topic of new media, especially the latest case law of the European Court of Human Right on this matter. The diploma thesis is divided into introduction, conclusion and three chapters. The first chapter introduces the basic definitions and theoretical basics of the topic. The reader is acquainted with the concept of human personality and its components, with the concept of personality rights and their nature as well as with the possible infringements of these rights. The chapter also provides the definitions of media and new media. The second chapter focuses on the legal framework of the personality rights, freedom of expression and right to receive and impart information. The chapter first analyses the international legal framework with the focus on the European Convention on Human Rights and later it deals with provisions of the Czech civil code as well as provisions of the Czech media laws. The last section of this chapter analyses Czech as well as European legal provisions on liability of internet...
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Protection of Personality Rights in Relation to Media
Havel, Marian ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The topic of the master thesis Protection of Personality Rights in Relation to Media is the conflict between two constitutional rights - protection of personality and freedom of speech. Both of these rights are stated in the Constitutional Act No. 2/1993 thus they have an equal level of legal protection. However, conflicts can arise between the two. The thesis evaluates and analyses these two crucial rights and their conflicts. This thesis is divided into four main chapters, which are the following: Protection of personality, Freedom of speech as a main principle of media law, Protection of personality versus freedom of speech in the practice of the Constitutional Court, and Media development and its influence on the protection of personality. The first and the second part of the thesis analyse protection of personality and freedom of speech. The aim of the first two chapters is to present the sources of these rights, to define basic concepts, meanings and limits of these rights and to describe their possible restrictions. The third part of the thesis discusses general principles according to which possible conflict between the two rights should be solved. It also examines selected Czech court cases. Finally, the fourth chapter outlines media development since the 1970s with special emphasis on the...
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Monetary satisfaction as a legal tool for the protection of personal rights in civil law
Marek, David ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This Master Thesis deals with institute of monetary satisfaction as a legal tool for the protection of personality under civil law. The aim of this thesis is to give a comprehensive explanation of the Institute of monetary satisfaction. This work uses descriptive and analytical method. The work is composed of six chapters; each chapter is dividend in several subchapters. The right of personality protection is a fundamental right of every individual that guarantees his or her dignified existence and free development in society. The Czech Republic provides a modern legal regime for the protection of personality since 1990, when the Civil Code has been amended. Protection of personality is regulated by the Civil Code in sections 11 to 16. In Section 13, the Civil Code expressly grants four types of civil tools for protection of personality - the right of retention, the right to restitution and the right to adequate satisfaction that can take either moral or material form. In serious cases of violations of personality rights, the monetary satisfaction is the only sufficient and therefore effective and fair remedy for the immaterial injury on personality of affected person that has been caused by the unlawful interference into his or her personality. The monetary satisfaction as a legal mean of the...
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Protection of personal rights and the name of an individual and protection of good reputation, trade name and privacy of legal entities in media including analysis of judgements
Rozmánková, Anna ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Protection of personality rights of individuals and the protection of reputation, name and privacy of legal persons in media, including case law analysis Abstract The thesis deals with the issue of protection of personality rights of individuals as well as personal rights of legal persons in media. Current decision-making practice of the European Court of Human Rights and Czech courts shall be considered as integral to this thesis. The thesis analyses not only theoretical questions relating personality rights of individuals and personal rights of legal persons, but it also reflects practical repercussions on legal remedies. It focuses mainly on reasonable compensation, defamation as well as the right to reply and supplementary statement. With regard to theme's timeliness the thesis also reflects on legal framework of exemption from internet service provider's liability in so-called new media under the Act No. 480/2004 Sb., about Certain Services of Information Companies, as subsequently amended. The thesis is divided into seven chapters and thematically related subheadings, and its introduction and final part. The first chapter defines the essential terms relating personality rights, personal rights and media. The second chapter provides the overview of relevant sources of law. The third chapter defines...
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Protection of personal rights and the name of an individual and protection of good reputation, trade name and privacy of legal entities in media including analysis of judgements
Poláková, Pavla ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This master thesis is focused on the topic of protection of personality rights with respect to media. The thesis presents national, European and international sources of law related to the protection of personality rights. The fundamental basis of the thesis is the Civil Code. However, the regulation of the personality rights protection is not limited to the Civil Code. Instead, it is entangled in numerous other law disciplines, e.g. the Criminal Law and the institute of defamation or the Media Law and the regulation of the right of reply. Out of the broad topic of the protection of personality rights, only a narrow section, i.e. the protection of the personality laws with respect to media, is taken into account. Besides an analysis of personality rights, an extended nomenclature description and a discussion of rightful and wrongful derogations of personality rights, a notable attention is also given to the problematics of public figures and to the comparison of the personality rights protection provided by the Civil Code to the individuals and to the legal entities. The protection of personality rights of public figures often collides with fundamental rights. Specifically, the conflict lies between the right of personality protection and the freedom of speech. In the thesis, the treatment of this...
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Protection of personality rights
Wagner, Filip ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
The thesis is focused on the issue of protection of personality rights as one of the fundamental institutions of civil law. The thesis is mainly focused on contemporary conception of man and his personality in current civil law. The theoretical foundations of the concept of general right of personality is summarized and valid legislation of protection of personality right made by Act no. 89/2012 Coll. - Civil Code, is described in the context of general right of personality and its theoretical conception. The thesis is divided into twelve chapters; the first chapter defines basic concepts and terms such as the person, personality and legal personality. The second chapter deals with the theoretical concepts of general right of personality in an objective and subjective sense. The third chapter is focused on the historical development of the protection of personality right in the world and in our country and the development of legislation on protection of personality right is described. The fourth chapter contains a comparison of the concept of protection of the protection of personality rights in continental law and common law. The fifth chapter presents a list of sources of the general right of personality on the level of constitutional law, international law, European law and internal law. The...
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Protection of personality rights
Strejcová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The objective of this thesis is to provide an overview of general part of the protection of personality in the Czech legal system, as well as a detailed analysis of selected aspects of personal rights. The thesis focuses on protection provided by the Act Nr. 89/2012 Sb., Civil Code, and the European Convention on Human Rights. Initial chapters of the general part of the thesis deal with brief introduction to the historical background of personality rights in the Czech legal environment, as well as with the definition of personality and personality rights as such, together with a demonstrative list of values protected by the general right of personality. The subsequent chapter provides an overview of Czech and international sources of law concerning personality protection. Chapter four deals with lawful and unlawful interferences with personality rights. The final chapter of the general part outlines legal means of protection of personal rights available according to the Czech law. The special part of the thesis is dedicated to a deeper analysis of three aspects of protection of personal rights. Chapter six deals with one of the most important personal rights, the right to privacy. This chapter aims to introduce the broad concept of privacy, including case law of the European Court of Human Rights...
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Protection of personality in the media area
Fičurová, Nora ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The submitted diploma thesis provides an introduction into the topic of conflict of the personality rights of an individual with the freedom of expression of media and right to receive information of others. The emphasis is put on the Czech and European case law. Marginally is mentioned also the topic of new media, especially the latest case law of the European Court of Human Right on this matter. The diploma thesis is divided into introduction, conclusion and three chapters. The first chapter introduces the basic definitions and theoretical basics of the topic. The reader is acquainted with the concept of human personality and its components, with the concept of personality rights and their nature as well as with the possible infringements of these rights. The chapter also provides the definitions of media and new media. The second chapter focuses on the legal framework of the personality rights, freedom of expression and right to receive and impart information. The chapter first analyses the international legal framework with the focus on the European Convention on Human Rights and later it deals with provisions of the Czech civil code as well as provisions of the Czech media laws. The last section of this chapter analyses Czech as well as European legal provisions on liability of internet...
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