Résumé L'objectif de ce mémoire, c'est la comparation d'indemnisaton du dommage corporel en cas de survie ou en cas de décès de la victime dans la législation et surtout dans la jurisprudence tchèque et française. Il s'agit surtout des aspects des postes particulières indemnisables et ses critéres. L'accent particulière est mis à la responsabilité civil subjective d'accidents médicaux. Les chapitres d'introduction s'agissent des questions de la protection de la santé comme une liberté fondamentale et droit naturel de chacun. Ainsi des questions de la résponsabilité, surtout civil et subjective. Vu la nouvelle codification d'indemnisation du dommage corporel en cas de survie ou en cas de décès de la victime, prévu dans le nouveau code civil tchéque nř 89/2012, le mémoire compare, avant tout, des critéres d'indemnisation du dommage corporel et ses aspects avec la réglementation précedente. Il s'agit surtout des postes extra-patrimoniaux car ces postes étaient fixé soit par le décret de Ministère de la santé, nř 440/2011, en vertu des régles postérieurs, soit dans l'article 444 alinéa 3 du code civil, nř 40/1964, en vertu des régles postérieurs. Vu que ces principes étaient le sujet trés critiqué, même dans l'exposé des motifs de la loi nř 89/2012, code civil, des principes ont été changés radicalement soit...

Damage to health: comparative study The final thesis deals with the issue of damage to health in the Czech, American and French legislation and case law. The work deals with individual claims arising from injuries and thesis describes the criteria and methods of compensation for these claims. The thesis is divided into three chapters, which are further divided into subsections and subchapters. The first half of the thesis describes the legislation of damage to health and personal injury in the Czech law. This part focuses on the conditions that must be met in order to create an obligation of compensation for personal injury. It also describes the damage to health and its partial claims which may be compensated and it describes the process of determining the amount of damages according to the Methodology of the Supreme Court. Final part of this chapter deals with damages to health caused by medical malpractice. The second half of the thesis is divided into two parts, the first part deals with the US legislation of compensation for damage to health and the second part concentrates on the French legislation which deals with this institute. In the chapter devoted to American law, the work describes the different types of personal injury compensation, which developed in the United States. The thesis...

Key words: secondary victim, personal misfortune, psychiatric injury The aim of the thesis is to analyse secondary victims in Czech and English law. In general, secondary victim is recognised as a person whose harm was caused by harm occurred to an immediate victim. However, Czech law does not provide a detailed framework as well as the interpretation of the law by judicial decisions and literature. Therefore, the purpose is to define secondary victims and scrutinize their legal rights. The thesis is divided into three parts. The first one focuses on Czech law. The purpose is to outline secondary victims in accordance with current legislation and court decisions. It presents a description of the former law serving as a useful tool for understanding the applicable law. The analysis of the section 2959 follows, constituting, in the case of death or severe injury, legal rights for persons with close ties to an immediate victim. The positive approach could be perceived as a response to a criticism towards the former legislation. The Civil Code removed fixed amounts of compensation and unified the process into a single section. Furthermore, an inability of secondary victims with close ties to receive compensation for their psychiatric injury is scrutinised. Multiple questions arise from the section 2971...

This thesis describes the environmental damages legislation. Relevant parts of the work focus on the international legislation including special liability regimes, then it focuses on the European Union legislation, especially on the Directive 2004/35/EC, also it describes British legislation in this area and the legislation in the Czech Republic, namely the differences between environmental damages and environmental loss, it mentions also the old contaminations. Lastly the text tries to compare the British and Czech legislation in liability for environmental damage.

Life and health represent the most precious values of each human being. Unlawful encroachment upon these values, which can occur in the health care service, is connected with civil liability. Monetary compensation for immaterial damage has been a neglected legal institute for a long time under Czech law. It is divided into two systems now, a protection of personal rights and reimbursement of the damage. This legal area is not easily understandable to legal professionals, let alone to lay men. The purpose of this thesis is to analyze the up to date state of assessment of immaterial damage and to evaluate its pros and cons. It deals with the types of infridgement of personal rights which can occur in the health care service, and subsequently, it describes the systems under which the immaterial damage is reimbursed. Concurrently, I focus on the way of determination of the monetary compensation of the immaterial damage, the amount of monetary compensation actually awarded under Czech law and I evaluate adequacy of such compensation. This thesis is divided into four chapters. Chapter One provides theoretical grounds for the rest of the text, a specification of essential terms and definitions which shall be used in the text later. Chapter Two deals with one of the systems of compensation for immaterial...

The diploma thesis deals with the civil liability for bodily harm in the Czech and the German legal systems. The German legal regulation has been chosen as a comparison because it has been one of the sources for the new Czech Civil Code. The aim of the thesis is to find out what are the fundamental differences between the both legal systems and which one seems to be more appropriate or just and finally to find out what are the main changes in the new Czech Civil Code. To find out the answers the method of comparison with the legal regulation de lege ferenda and German legal system has been used. The thesis is composed of three parts. The first part describes the Czech civil liability of bodily harm and the second part describes the German legal system. The last part deals with the comparison of the legal institutes in the both legal systems. The fundamental differences could be evaluated according whether they are in favour to the harmer or the sufferer. The delict liability in the German civil law seems to be positive for the sufferer - patient in the process, because all participating persons involved at wrongful act causing bodily harm are held liable which expands the scope of liable people. The next advantage for the sufferer according the German legal system is that the concrete damage based...

A widespread occurrence of the former ecological damages and contaminated locations in the Czech Republic has been a rudiment of more than 60 years of non-democratic regimes in 1938-1989. Then, the preserving of nature and handling of harmful substances for industrial and other purposes was at a very low level. A systematic removal of these detriments of the past extended after democratisation in1990. The Czech State has taken on the responsibility for removing some of these damages, especially as a part of privatization. This has been a long-term, risky and legally demanding enterprise. A unified, co-ordinated approach to the matter at a national level has not been established yet, despite of the enormous budget. Moreover, some of the issues have not been addressed at all. Such a situation requires an immediate action since the public health has been put at risk either because of a direct contact with harmful substances or due to the groundwater contamination. Time-wise, the legal commitment of the State regarding the budgeting for decontamination of the former ecological damages of the privatized assets has not been limited. The process has been continuing for 19 years and its proceeding depends on the State assets' privatization timeframe and termination. It has been a legal obligation of the...

A B S T R A C T of the dissertation "Polluter Pays Principle in the Environmental Law" JUDr. Ondřej Vícha The Doctoral Program¨"Theoretical Legal Sciences", Law Faculty, Charles University in Prague This thesis deals with the legal aspects of the the polluter pays principle (PPP) within the environmental law. The aim of this thesis is to provide an overview of current definitions of this principle and its application in the International, European and national Czech law. The text is devided into ten chapters. After the introduction, the thesis ruminates on legal principles in general, their status and function in the legal system and in the environmental law specially. The third part holds forth on development and functions of the PPP and its relation to other legal principles of the environmental law. The polluter-pays principle represents among the OECD countries, respectively at the European level, for quite a long recognized and practically applied economic and legal principles leading to internalize the costs of environmental protection, which are transferred from states to the real polluters, who pollutes environment by their production or other economic activities. The history of this principle reflects a gradual shift in meaning. At first, the Recommendations of the OECD and the EC referred to the...

The environmental damage harms or threatens the two groups of interests - public and private. Both types of interests are often damaged by one event. The tort law and public liability including their financial security are therefore functionally interconnected systems, which sometimes overlap. They do not contradict but usefully complement each other. At the international level, there are several treaties governing the liability for transboundary pollution. Only one convention is legally binding and used in practice - CLC liability for oil transportation by sea, conventions on liability for nuclear damage are binding but were never used in practice. All these conventions use the classical scheme of tort law. They apply only to accidents. The liability is always objective with defences (natural phenomenon, force majeure, conduct of a third party). The liable party is always channelled to easily identifiable subject. In the case of multiple liable parties, they are liable jointly and severally. Damage must be quantifiable in money and the amount must be proved by the victim. In the case of harm to the environment, the damage is derived from the costs for reasonable preventive and corrective measures. The compensation for losses is necessary to apply in a certain period of time. These periods are...

This diploma thesis deals with the issue of harm to natural human rights and its compensation. The thesis focuses on the current regulation of this institute contained in The Civil Code No. 89/2012 Coll. Furthermore, in this work, the current regulation is compared with the previous regulation, namely Civil Code No. 40/1964 Coll. The main aim of this work is to provide a basic and comprehensive insight into the issue of harm to natural human rights, focusing on the description of the changes brought about by the adoption of the new Civil Code. Another aim of the thesis is to outline the consequences of these changes. At the beginning the diploma thesis focuses on all the articles of the first part of the Civil Code, which deal with the regulation of natural rights. In the next part of the thesis it provides a general insight into the issue of liability for the damage caused to natural rights. This general basis is necessary for the next part of the work, which deals with claims for compensation of immaterial harm and decision on its amount according to the new Civil Code. The most extensive third part of the thesis therefore deals with specific remedies, namely compensation in the event of injury and the death and indemnification of secondary victims. At the end, the diploma thesis mentions another...