This thesis deals with the topic of damage to health in the Czech and Polish legal systems. I consider this topic to be very important one because it is connected with the basic human rights such as right for life and health. It is impossible to avoid damage to health in everyday life and that is why it is important to know how to deal with it when it happens. We can find answer in law which says that all damages to health have to be compensated. However the issues of compensation are very complicated because human health and life have immeasurable value. That is why we have to accept that damage to health especially pain and social impairment cannot be fully compensate. This thesis concentrates mainly on compensations for damage to health. It deals with the pecuniary and non pecuniary damages as well. A lot of changes were made by Act No. 89/2012 Coll., the Civil Code and cancellation of ordinance No. 440/2001 Coll. especially when considering damage to health. To set the extent of the compensations charts will be used no more. Also the law which calculated the exact amount which should be given to the survivors was cancelled. The compensation should be given in an amount so it balances out damage to health. If such compensation cannot be determined it should be set according to the rules of...

1 Abstract The objective of this thesis is to analyse the liability in civil law, mainly from the prospective of individual preconditions that together result in such liability for inflicted harm. The text is divided into nine parts including introduction and conclusion. The first part comprises the analysis of the legal term of liability from the prospective of existing theoretical concepts, then the approach as set forth under Act no. 89/2012 Sb, Civil Code, as amended (hereinafter referred to as "Civil Code") and the author's own approach is presented at the end of this part. The next part discusses in details the preconditions of liability for harm and then the sets of preconditions that together result in such liability are analysed. The author calls these sets as liability systems, as they are actually a variant of the objective and subjective liability. A separate chapter is dedicated to the objective liability. A separate chapter is also dedicated to the division of types of liabilities such as for defects, harm, default, etc., as this is crucial for the discussed topic. Next parts focus on individual preconditions for liability for harm, namely on violating legal obligations and relevant damage, harm, causality and fault as on the precondition typical for subjective liability, i.e. liability for...

1 Critical comparison of compensation schemes for non-pecuniary harm and incurred duplication Abstract The Diploma thesis deals with critical comparison of compensation schemes for non-pecuniary harm and incurred duplication. The aim is to describe how non-pecuniary harm is compensated in case of health-related harm, with particular regard to comparison of schemes according to Civil Code and Labour Code. This description and critical comparison of both schemes leads to reflection, that this incurred duplication is not in accordance with the constitutional values, and that, in the future, changes will be needed, so that this accordance would be achieved. The thesis is divided into six chapters. The first chapter defines basic terms, with whom it tis worked in the text - harm. What is that, when is it compensated, how is it laid down in Civil Code and Labour Code. The second chapter deals with the history and development of compensation for non-pecuniary harm in case of health-related harm. Next chapter describes key document for calculation of the amount of compensation - Supreme Court's methodology and the Government Regulation used for accidents at work. In this chapter there are mentioned two other legislations, Civil service employment Act and Professional soldiers' Act. Chapter "incurred duplication and...

in English The final thesis mainly deals with the description and evaluation of the development of civil legislation on compensation for non-pecuniary damage to health in connection with the adoption of the New Civil Code. The main purpose of the thesis is to analyse the manner of determining the amount of reparation of non-pecuniary damage, including comparisons of the compensation according to the Methodology of the Supreme Court with the previous system of compensation in connection with non-material injury. The first chapter approaches the theoretical background important for the establishment of the obligation to compensate non-material damage, mainly legal tort liability and the related preconditions for its emergence, i.e. the unlawful conduct, formation of the damage, causation and fault. Next chapter describes the individual claims included in non-pecuniary damage, i.e. claims for suffered pain, social impairment and mental suffering, including discussion whether these claims remain individual under the New Civil Code. The third chapter, as the core of the whole thesis, describes the method of determining the amount of compensation for non-pecuniary damage caused by bodily injury, particularly in relation to the Methodology of the Supreme Court of the Czech Republic issued for the purpose...

Animal and duty to provide compensation for damage Abstract As of 2014, an animal is no longer considered a mere thing within the Czech legal system. The legislator thus responded to society's changing attitude towards animals. Animals have gained in importance also in private lives. It is not exceptional for an animal to take on a role of a close companion today. However, due to their unpredictability animals often find themselves out of human control. Consequently, damage to legally protected goods often occurs. This diploma thesis concentrates on damage caused by an animal as well as damage caused to an animal. The aim of the thesis is to provide a complex insight into the legal regulation of compensation for the damage in question and to evaluate whether the regulation adequately reflects the special nature of an animal as a living creature, especially in the context of dereification of animals. The thesis is divided into four chapters. The first chapter is devoted to an animal and its legal status. First, the chapter focuses on the conceptual definition of an animal. Subsequently, the phenomenon of dereification of animals is discussed. The chapter identifies interests pursued by the dereification of animals and rejects the notion of dereification as a mere proclamation without practical consequences....

The subject of this paper is the civil law aspects of health protection. The aim of the thesis is to analyse the relevant law concerning the topic and compare it to regulation suggested in the new civil code. Considering the breadth of the topic, the thesis does not deal with all aspects of this issue but just focuses on some of the most debatable questions. Not only the current law and related literature is considered, but a particular emphasis is also put on related case law. In some parts the paper also takes into consideration the fundamental masterpiece of European tort doctrine - Principles of European Tort Law (PETL). The thesis is composed of five chapters, each of them dealing with different aspects of the topic. Chapter One provides an outline of relevant Czech and international law. Chapter Two analyses the concept of right to health protection as a part of personality protection and deals with its object, content and subjects. Chapter three is devoted to the unlawful infringement of the right to health protection and its consequences. Chapter Four focuses on civil law responsibility for unlawful infringement and on the circumstances which are necessary for the responsibility for injury to health to arise and also on the subjects to this responsibilty. This chapter also includes problems...

DAMAGE TO HEALTH AS AN INTERVENTION IN THE PROTECTION OF PERSONAL RIGHTS UNDER S. 11 AND THE FOLLOWING OF THE CIVIL CODE The topic of this thesis is the health damage as regards the interference in the personality rights within the legal frame of the Czech Republic. The main focus is the granting of damages for the incurred harm since the extent of claims arising from the health damage and their regulation in the Civil Code had not been long interpreted unanimously in theory and practice. The thesis elaborates on the constitutional basis of the personality rights and rights to the health protection and their statutory regulations; consequently, it interprets the statutory regulations related to the health damage as the interference in personality rights in the context of constitutional basis, using the available judicature and literature. Further, the thesis deals with the question of possible statutory limitation of the health damage claims for from the view of the fundamental rights and basic freedom, the extent of the satisfaction may be determined by the court only. This dispute has not been resolved in the theory so far, neither has it been decided in the judicial practice. Therefore, the thesis provides arguments which may be used when assessing the constitutionality of such limitation of damages...

Damage to health as an interference with personal rights protection The purpose of this thesis is to describe the kinds of claims arising to the damaged parties in cases of unjustified interference with personal rights, especially in cases of bodily harm. This thesis comprises four chapters, where the first chapter provides brief overview of the legislation regulating personality rights and rights to protection of health in the Czech Republic. Chapter two provides more detailed overview of personality rights and rights to protection of health of an individual in the current Civil Code and it also serves as theoretical basis for the following chapters. Chapter two especially describes the content of personality rights and rights to the health of the individual, and identifies the parties entitled to sue and having the capacity to be sued. Chapter two also describes the circumstances under which the interference with the protection of personality is permissible and also the means of protection of personal rights which the damaged individual has. The essential part of this thesis is focused on the relation of the (non)pecuniary claims arising from the unjustified interference of personal rights protection pursuant to sec. 11 and following of the Civil Code and the damages to compensate physical injury...

This diploma thesis compares the Czech legal regulation of civil liability for bodily harm caused during medical treatment to the German legislation on the matter. In this case, the German legal regulation can serve as a source of inspiration due to its stable development. Both legal regulations can be assessed with respect to the rules being preferable either for the harmer or the sufferer. Concerning the provisions within the German law that are preferable for the patient, they cover e.g. the origin of liability for bodily harm caused by all participating persons providing the medical treatment while doing a tortious act, including the direct liability of persons who are "used by the activity". Due to the broader concept of harm in the German civic law the patient has a right for damages based on a generally defined nonmaterial harm, where the conrete amount of damage is determined by the court. The German legal regulation is preferable and more equitable especially for young injured, in which case the assessment of damages for the salary lost is not based only on the average salary of the sufferer before the harm was caused, but it also reflects the lifetime salary, which the injured could have achieved, had the bodily harm not been caused. By contrast, some provisions in the German legislation...

Damages for personal injury The diploma thesis focuses on the analysis and evaluation of the recodified legal regulation on damages for non-pecuniary loss arising from personal injury in the light of its comparison with the relevant English common law. On the background of the historical evolution of the method for assessing the amount of damages for non-pecuniary loss arising from personal injury, as well as through the comparison of Metodika Nejvyššího soudu k náhradě nemajetkové újmy při ublížení na zdraví (bolest a ztížení společenského uplatnění podle § 2958 občanského zákoníku) with Guidelines for the Assessment of General Damages in Personal Injury Cases, the diploma thesis arrives at a conclusion in favour of the development and application of the former, which it deems to have been a suitably chosen pre-emptive measure that would allow Czech legal practice to approach damages for non-pecuniary loss arising from personal injury in a consistent and proportionate fashion right from the moment of the coming into effect of Act No. 89/2012 Coll., the Civil Code, without having to overcome a period of relative legal uncertainty, during which standardised amounts of damages would have been developed through judicial practice, as was the case in the English common law. As regards the...