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Extreme Emergency during Provision of Health Services
Vidláková, Jana ; Šolc, Martin (advisor) ; Salač, Josef (referee)
The work discusses the institute of extreme emergency in the context of the provision of health services. Its goal is to find out whether the current legal regulation of extreme emergency is sufficient for the field of health law from a practical point of view. The work analyses individual conditions of extreme emergency from the point of view of civil law. For the better understanding, it includes frequent comparisons with other legal fields. In several places, there is a comparison with foreign legislation. The work also provides an insight into the circumstances excluding illegality, which are unknown for the Czech legal system. The work is divided into four chapters. The first of them deals with the concept of illegality and the connection between civil law and criminal law regulations of circumstances excluding illegality. The second chapter presents the role of extreme emergency in the legal system. It focuses on the state of emergency in the Convention on Human Rights and Biomedicine, on the obligation to compensate for damage caused in an extreme emergency and on the apparent (putative) extreme emergency. For a closer understanding and determination of the correct approach of the courts to the extreme emergency, it analyses the decisions of the administrative courts in which health service...
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Memory as a political phenomenon. Reflections on the public debate about The Act on the Lawlessness of the Communist Regime
Rybář, Pavel ; Znoj, Milan (advisor) ; Slačálek, Ondřej (referee)
This thesis aims to set a basic framework for "memories of communism" which come along with attempts on political construction of the past during post-1989 regime. Based on the example of public debate about "The Act on the Lawlessness of the Communist Regime and on Resistance Against It", we will attempt to reveal main resources of anti-communist rhetoric and symbols, and to clarify the role they played in forging political identities in the first half of the 1990s. While the introductory chapter explores concepts which allow us to conceptualize memory in the analysis of the political, other chapters are devoted to various interpretations of the past in the context of discussions of de- communization measures that belong to the category of "coming to terms with the past" (Lustration Act, The Act on the Lawlessness of the Communist Regime). Does Czech anti-communism result from those measures adopted between 1991 and 1993, or does their adoption seek to reduce the plurality of politics of memory? Are attempts to label the previous regime as criminal the exclusive form of anti-communism, or does anti-communism amount to a combination of moral, legal and political arguments that seek to criminalize the previous social and legal order? By analysing different types of utterances we will attempt to...
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Criminal lability in environmental protection
Svoboda, Tomáš ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the Czech regulation of criminal liability in the area of environmental protection. Apart from provisions of Title VIII of Second Part of the Criminal Code, the thesis also discusses other facts-of-the-crime definitions that are not included in this title, but are relevant for the protection of environment, and certain other issues concerning the general provisions of criminal law, including the criminal liability of legal persons. The thesis also focuses on legislation falling outside the scope of criminal law that can serve as a basis for determination of illegality of these acts.
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Criminal defences in Czech and Irish criminal law
Kubíčková, Tereza ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Criminal defences in Czech and Irish criminal law This thesis deals with the analysis of individual elements of criminal defences under the Czech and Irish criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of this thesis is to render an overview concerning the distinctions and similarities in understanding, importance and operating of the defences in different law systems, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. Regarding the fact that Czech and Irish systems of law are subsumed under different legal systems, particular institutes of criminal defences cannot be based on the same rules, principles and theoretical grounds. It shall be noted, that while Czech criminal law is mainly to be found in a single piece of legislation known as the Criminal Law Act, Irish criminal law on the other hand not only has a separate statutory legislation, but also mainly depends on common law. The subject has been processed under consideration of the present-day legal regulation, whereas particular legal institutes are structured in compliance with the structure of the Czech Criminal Law Act. The topics of origin and development of defences has intentionally not been...
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Prerequisites for damage compensation liability
Kudláček, Michael ; Šustek, Petr (advisor) ; Thöndel, Alexandr (referee)
This rigorous thesis deals with the delict law sector which concerns prerequisites under which the infringer has the obligation to compensate the damage to the aggrieved. The damage must occur under the causal relation with the illegal act of the infringer which must usually be also based on fault. Main chapters copy these basic prerequisites of this thesis. The basis of this content can be found in the civil code. As wrongful is regarded such act that contradicts the law and order norms. In the civil code context it applies mainly to the breach of good manners, absolute right infringement, protective rules violation, as well as breach of contract. The mutual relation between act and consequence must be connected with a causal link. This prerequisite splits into two relatively independent parts, thus factual (causality) and legal (imputability). Causality stems from natural patterns of existence and tries to describe them. The condition theory (conditio sine qua non) is dominant here and according to it, causal connection is present between a particular act and consequence when the consequence would not have arisen but for the act. Imputability deals with a concrete case by the method of justice and political consideration. The means which help to find out imputability, are the adequacy theory and...
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Prevention Duty in Sports Activities
Řezníček, Petr ; Elischer, David (advisor) ; Salač, Josef (referee)
Prevention Duty in Sports Activities This rigorous thesis deals with the relation between prevention duty and sports activities, in which at least one of the subjects of the sports-legal relation is an athlete in the position of a potential lawbreaker or potential injured. The aim of this thesis is to analyse questions related to a legal assessment of liability during sports activities via preventive duties listed in the Civil Code with emphasis on the standard of optimum care. The use of a method of observation, induction and deduction prevails in the work in addition to the analysis mentioned above. Fulfilment of the aim of the thesis is also supported by a method of description and explanation. A method of critical analysis and comparison is mainly used in case law. The thesis is divided into four parts in terms of concept. First of all, a definition of general relations between sport and law is the subject of the first part of the thesis. In the second part of the thesis dealing with the issue of preventive duty of athletes and other persons participating in sports activities, the conclusion that the general preventive duty is a very important rule for assessment of sports- legal cases is given. Its interpretation offers several application limits, of which the most important during sports...
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Criminal lability in environmental protection
Svoboda, Tomáš ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the Czech regulation of criminal liability in the area of environmental protection. Apart from provisions of Title VIII of Second Part of the Criminal Code, the thesis also discusses other facts-of-the-crime definitions that are not included in this title, but are relevant for the protection of environment, and certain other issues concerning the general provisions of criminal law, including the criminal liability of legal persons. The thesis also focuses on legislation falling outside the scope of criminal law that can serve as a basis for determination of illegality of these acts.
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Memory as a political phenomenon. Reflections on the public debate about The Act on the Lawlessness of the Communist Regime
Rybář, Pavel ; Znoj, Milan (advisor) ; Slačálek, Ondřej (referee)
This thesis aims to set a basic framework for "memories of communism" which come along with attempts on political construction of the past during post-1989 regime. Based on the example of public debate about "The Act on the Lawlessness of the Communist Regime and on Resistance Against It", we will attempt to reveal main resources of anti-communist rhetoric and symbols, and to clarify the role they played in forging political identities in the first half of the 1990s. While the introductory chapter explores concepts which allow us to conceptualize memory in the analysis of the political, other chapters are devoted to various interpretations of the past in the context of discussions of de- communization measures that belong to the category of "coming to terms with the past" (Lustration Act, The Act on the Lawlessness of the Communist Regime). Does Czech anti-communism result from those measures adopted between 1991 and 1993, or does their adoption seek to reduce the plurality of politics of memory? Are attempts to label the previous regime as criminal the exclusive form of anti-communism, or does anti-communism amount to a combination of moral, legal and political arguments that seek to criminalize the previous social and legal order? By analysing different types of utterances we will attempt to...
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Cimcurstances precluding wrong fulness focused on a legal gun use
Prázdný, Tomáš ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The Thesis deals with all the circumstances precluding wrong fulness, their history, mutual relation, basic issues of individual circumstances and focuses in its second part mainly to the legitimate use of a weapon, a relationship of fair use weapons and self-defense and extreme emergency procedure for obtaining a gun license at the civilian population and procedures for the use of the weapons of the armed forces of the Czech Republic etc. At the end of the treatment compared with the authorized use of a weapon by adjusting the UK and USA.
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Protection of personality in scope of legal philosophy and applicable law
Němec, Ronald ; Gerloch, Aleš (advisor) ; Harvánek, Jaromír (referee) ; Beran, Karel (referee)
PROTECTION OF PERSONALITY IN SCOPE OF LEGAL PHILOSOPHY AND APPLICABLE LAW 1. Summary We can see law from two main perspectives. Law is either complex of written regulations, which are prepared by human beings based on some interests or it is a complex of rules, which altough are written, but its nature are originating from higher normative system. First is a present perspective. Current law science is prefering valid law as complex of regulations published in statute book. What is not banned by law, is allowed. Though this law philosophy is leading to instability in society. Every year legislator is making hundreds of amendements and create new laws to cover new circumstances which appear in the society. Despite legislator effort is society further unsatisfied with legal state. Society claims that law is enforceable for those who are able to hire big law firms, which can find neccesary grey areas. Immanuel Kant among the first draw a problem between legality and legitimacy. But it is not only matter of legislator whether he acts legitimately or legally, but as well as of receiver of law norm. Is every legal act of the recepient of the legal order of the Czech Republic legal as legitimate? Legal yes, if in conformity with legal order. But is it even legitimate? And is it moral? For juspositivism is...
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