The Aim of this Thesis is give Readers a comprehensive Explanation of Compensation for the Damage to Health, as governed by Law-System of the Czech Republic. At the beginning of this Work we will try to outline a Brief historical Evolution of this Institute, the Days before BC, the Roman Empire, Feudalism, legislation Compensaton for the Damage to Health included in General Civil Code of 1811 and evolution of Legislation this Institute to Date. Than there will be a lecture about civil Liability, about who - what Subject or Subjects will in current Laws (at 1st April 2011) take Liability for Damage to Health. The Fact that this Group of Subjects could be liable for some Damage, there must be complied with the Law expected Conditions. One of this Conditions, is rise of Injury, say the Damage. This Damage must be caused by illegal Action of liable Subject. Finally between illegal Action of liable Subject and the Damage it must be the Causal Link, therefore the Damage must be caused by illegal Action. One of Chapters, allong the lines of Civil Code, is also devoted to Prevention of Damages. Thesis aims to explain to Reader mainly All types of Claims for Damage to Health caused by liable Subject. Between these individual Claims belongs Compensation for Pain and social Impairment, Compensation for loss...

1 Abstract: The subject of this paper is the issue of the pecuniary satisfaction as a legal instrument of protection of the personality in civil law. It is obvious that the main object of this work is the question of personal rights and its protection, which has its part in constitutional laws. This paper also analyses the definition of law on protection of personality, an entitlements to sue and to be sued relating to protection of personality. This essay is divided into five chapters with relatively separated thesis. In the first part the issue of conception of personality is analysed. What is personality in the terms of law? There are two different views - in first personality is identical with human existence, in second view personality is only role assignated to human by system of law. This part of the work analyses especially socialistic view of person and its protection and iusnaturalistic conception of personality. Both of them have practical impacts on legislation in Czechoslovakia and in Czech Republic as well. Anthropological conception respects new proposal of Civil code, while socialistic view and its basics exerts influence up recent Civil Code nr. 40/1964. Second part of this work analyses generally personality rights and sources of laws of personality and monistic and dualistic theory. In...

Das Ziel deiser Diplomarbeit ist mit den Einzelansprüchen den Schadensersatz bei Körperverletzung und Tötung in der tschechischen und deutschen Rechtsordnung zu beschreiben. Die Diplomarbeit ist in vier Kapitel eingeteilt. Das erste Kapitel beschäftigt sich mit den Grundlagen des Gesundheitsschutzes aus der Sicht des tschechischen und deutschen Staatsrecht und deren Verankerung in den internationalen Menschenrechtsabkommen. Die Aufmerksamkeit ist auch auf die Verankerung der Grundprinzipien in dem tschechischen und deutschen bürgerlichen Recht gelegt. Das Kapitel beschäftigt sich weiter mit dem Gesundheitsschutz durch das bürgerliche Recht. Das zwite Kapitel beschäftigt sich mit der Haftung, besonders mit den theoretischen Ausgangspunkte der Haftung und Voraussetzungen für die bürgerliche Haftungsbeziehung in der tschechischen und deutschen Rechtsordnung. Die Aufmerksamkeit ist besonders auf die Rechtswidrigkeit, die Kausalität, der Schaden, das Verschulden geleget und die Unterschiede zwischen den beiden Rechtsordungen. Das dritte Kapitel beschäftigt sich mit dem Ersatz des materiellen und immateriellen Schadens und mit der Hilfe der Einzelansprüchen beschreibt den Art und den Umfang der Schadensersatzpflicht in der Tschechische Republik. Besondere Aufmerksamkeit ist gewidmet dem Erlöschen der...

This thesis is focused on immaterial harm in civil law. An immaterial harm is very topical issue, especially because it arises primarily through interferences with personality rights and the persons concerned feel this harm more intense than material damage. The thesis tries to give a comprehensive overview of all aspects of immaterial harm. It's based on effective legislation, especially the Law no. 89/2012 Coll., Civil Code. In the first part the thesis deals with the theoretical description of immaterial harm and the definition of the basic terms connected with it. The current relevant legal regulation and an overview of the historical development of the legal regulation of immaterial harm with an emphasis on the territory of the Czech Republic are presented here. Part of the theoretical part is also an overview of the changes that occurred in the law of immaterial harm in 2014 after the entry into force of the new Civil Code. This is followed by the analysis of the assumptions that are a prerequisite for the right to compensation for the immaterial harm suffered, including exceptions and related institutes. The second part of the thesis deals with individual components of personal protection. Apart from the specific personal rights, it also includes special institutes and areas of immaterial...

Non-material damage in health injury and decision making in adhesive (criminal) proceedings Abstract The diploma thesis focuses on current legislature, issues and questions regarding compensation of non-material damage (non- property harm), specifically health injuries in adhesive proceedings. The topic presented hereby is a relatively young field of interest in the Czech law system, moreover it has gone through relatively dynamic development recently. The topic of the diploma thesis is effectively linking criminal, civil and health (medical / health care) law. The diploma thesis presents an outlook on the concept of non-material damages from the point of view of civil law and outlines the concepts of injured party and adhesive proceedings belonging to the criminal law field. The diploma theses presents an insight into the terms of liability and criminal liability and it also briefly concerns the criminal liability in health care. The diploma thesis presents some of the selected criminal offences (crimes) against human life and health. The diploma thesis also focuses on terms and proceedings of the adhesive (criminal) proceedings and the possibilities and rights of injured party in the proceedings. The diploma theses presents differences and common points of the terms "injured party" and "victim" in the...

198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...

This master's thesis deals with compensation of non-pecuniary harm to health. It aims to analyze conceivable methods of compensation of non-pecuniary harm and individual claims arising from harm to health. They are compared with the previous legislation, selected foreign legislation and also with European soft-law documents. Subsequently I analyze the advantages and disadvantages of the different approaches. Non-pecuniary harm to health represents an area of law with steadily increasing importance. Not only there are further claims arising from harm to health enacted, but also the amount of damages granted grows exponentially. The Civil Code has brought new issues as well as a number of questions, out of which not all have been sufficiently analysed so far. The thesis is divided into three chapters. The necessary theoretical basics are described in the first one, that means the term of non-pecuniary harm, general rules relating to its compensation, short description of the historical development as well as the legal sources, including the European soft-law documents (PETL, DFCR). The second chapter addresses the individual claims of the injured party arising from harm to health. The type of claims, the requirements to be fulfilled in order to uphold the claim and especially the way of determining...

Immaterial harm in civil law - Abstract My thesis is focused on immaterial harm in civil law. It is a topic nowadays broadly discussed because its creation is most often associated with interference in the personal rights and its consequences are very severe. The aim of my thesis is to provide a comprehensive overview of the possibilities of creation immaterial harm and the ways of remedying its consequences. The work deals with the effective legislation, meaning mainly the Act No. 89/2012 Coll. Civil Code (hereinafter "the new Civil Code"). In some parts of my work is pointed towards now uneffective legislation of Act No. 40/1964 Coll. Civil Code from the year 1964 which is siginificantly different from the new Civil Code. The first chapter defines the basic terms associated with the topic of immaterial harm. The following chapter discusses the development of creation of immaterial harm in our area and describes the reasons for the necessity of protecting the personal rights and also creation of obligation to compensate for losses by unlawful encroachments. The third chapter deals with individual partial values of human personality and evaluates its regulation and protection method. Associated with each term is given its definition and terms of exercising their protection. The fourth chapter is concerned...

The purpose of my thesis is to analyse the legal regulation of insurance of liability for damage caused as a result of a car operation. The thesis is divided into five chapters. Chapter one briefly describes a history related to the subject of my thesis. The chapter consists of three subchapters which are divided according to time periods. Chapter two represents a general introduction to the subject of my thesis. This chapter deals with injury and also in general deals with liability insurance and its legal regulation. The second chapter also focuses on principles of insurance of liability for damage caused as a result of a car operation. The main part of my thesis is chapter three which examines the current legal regulation in Czech Republic and also contains my views. Third chapter is widely divided. It consists of nine subchapters. The first subchapter explains formation of insurance. The second subchapter characterises an insurance contract. The next one describes an extent of insurance of liability for damage caused as a result of a car operation. The forth subchapter deals with the payment of premium and with its calculation. The fifth one considers the rights and duties of contractual parties. There is a description of the insurance incident and its removal in the next subchapter. The seventh...

1 ABSTRACT This diploma thesis deals with the matter of labor law liability of the employer for material and non-material damage within the legal system of the Czech Republic. It offers a complex elaboration of the most important types of employer`s liability for material and non-material damage to harmed employees and third parties. A closer look is taken at the legislation related to compensation for non-material damage caused by occupational injuries and illnesses. The focus within this area is put on analysis of current case-law and comparison with case-law from the area of regular civil liability. The purpose of this thesis is to provide a comprehensive insight into the matter of labor law liability of the employer, analyze certain current issues within this area and establish and compare differences between compensation for non-material damage in labor law and regular civil law. The results of this work allow the reader to familiarize himself or herself with the current legislation in the area of the discussed matter, with related case-law and with the opinions of the expert community on the individual issues that are discussed within this thesis. On the basis of this work the conclusion can be drawn that the main characteristic of labor law liability within the Czech legal system is the protection of...