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In dieser Masterarbeit wird die Problematik des Gesundheitsschadens im tschechischen und im deutschen Zivilrecht beschrieben. Das Ziel dieser Arbeit ist, eine Übersicht über den Gesundheitsschutz in beiden Rechtsordnungen, und darüber, wann die Gesundheit verletzt wird und welche Folgen daraus entstehen, zu bieten. Dazu wurden die komparatistische Methode und die analytische Methode benutzt. Die Arbeit wird in drei Hauptkapiteln gegliedert, die ersten zwei widmen sich der Regelung in der deutschen und der tschechischen Rechtsordnung und das dritte der Komparation. Die Aufmerksamkeit wird zuerst der verfassungs- und internationalrechtlichen Verankerung des Lebens- und Gesundheitsschutzes geschenkt. Weiter wird geringfügig die vertragsrechtliche Haftung beschrieben. Die Hauptaufmerksamkeit wird der deliktischen Haftung geschenkt - es werden die Voraussetzungen für ihre Entstehung, sowie auch die Art und der Umfang des Schadensersatzes erläutert. Selbständig wird auch der Körper als der Objekt des zivilrechtlichen Schutzes beschrieben, und es werden auch die Fälle der sogenannten "wrongful birth", bzw. Kind als Schaden und "wrongful life", sowie auch die Sekundäropfer erwähnt. Der deutsche Teil erhält zusätzlich auch die Beschreibung der Haftung für vorvertragliche Pflichtverletzungen und der Verträge...

Summary: The main goal of the thesis is to compare the legal basis of compensation for corporal damages and compensated types of damages linked to corporal damages in the Czech and French legal systems. It aims not only to evaluate the benefits of each of the systems for victims but thereof to evaluate the ability of each system to counterbalance on the one hand the opportunity of the judge to consider the circumstances of each individual case and the sums therefore awarded, on the other hand the predictability of decisions for victims, without the excessive formality of the decision. At the end I consider the French legal institutions linked to this issue that could be the source of inspiration for the Czech legal practice. In the first chapter, I compare the theoretical basis of legal responsibility in both chosen legal systems and its influence on legal practices of compensation for corporal damages. These theoretical differences have essential consequences for practices of compensation for corporal damages in both legal systems. An example of this fact are different requirements for proving the causation link or the different role of application of the liability because of things that have essential consequences to victims' status in a case of disputes over compensation for corporal damages. The aim of...

This final thesis "Compensation for a non-pecuniary harm of secondary victims" deals with the issue of secondary victims. A secondary victim is defined as an injured person who suffered a non-pecuniary harm as a consequence of what happened to another person (primary victim) to which the tortfeasor caused imminent harm. I focused exclusively on secondary victims under the section 2959 of Czech Civil Code. The section 2959 of Czech Civil Code enables secondary victims to require a monetary compensation for the harm which they suffered as a consequence of a death or a serious injury of their close person (primary victim). Within the analysis of section 2959 of Czech Civil Code I described the nature of a harm suffered by the primary victim, the circle of eligible secondary victims and the quality of their harm, as well as the extent of the compensation for the harm of secondary victims. Doing so, I used the comparative method. I compared the legal regulation of the Czech Civil Code with the former Czech regulation and corresponding decisions of Czech courts. For the purposes of international comparison, each chapter includes a part of the legal situation of secondary victim (close person) under the Austrian law. The analysis showed that the new regulation under Czech Civil Code improved in general...

Thesis title: Secondary victims in law: a comparative analysis This thesis deals with the secondary victims in the Czech and German law. The aim of the paper is to analyse mentioned issue of the secondary victims, to determine mutual similarities and differences in both jurisdictions and to suggest a possible inspiration from the German law in the future also. The thesis is divided into three parts. The first part focuses on the secondary victims in the Czech Republic. The paper defines the general concept of harm, the secondary victims and their particular groups. The thesis also describes the evolution of their position with the respect to the Czech case law. The main emphasis in this chapter is put on the individual claims of secondary victims, but the paper deals with the claims for non-pecuniary damages and its limits in detail. In this context, the thesis provides a detailed interpretation of § 2959, which grants a compensation to the close persons in case of death or serious bodily injury, and of problematic § 2971 Czech Civil Code, under which the another non-pecuniary damage can be replaced to the wide range of people. The second part deals with the secondary victims in Federal Republic of Germany. Its structure is similar to that in the first chapter. The paper analyses the secondary...

Compensation for non-material damage in the event of health injury and death in adhesive proceedings Abstract The topic of this diploma thesis is compensation for non-material damage in event of health injury and death in adhesive proceedings. This is a complex topic in which the provisions and principles of criminal and civil law intertwine. Adhesive proceedings are an institute of criminal procedural law that allows the injured party to recover damages, non-material damage and unjust enrichment during criminal proceedings without having to proceed in civil proceedings. Non-material damage is an institute of private law; when deciding on the amount of non-pecuniary damage, the court decides on the basis of private substantive legal provisions. The first part of the theis is focused on the position of the injured party in criminal proceedings. The thesis first defines the position of the injured party, his rights, the possibilities of his representation. The main emphasis is placed on the conditions for claiming the injured party's claim, so that for procedural reasons the injured party is not referred to civil proceedings. In the second part of the work, non-material damage is dealt with, first in case of personal injury, in the next part in case of death. In both of these separate chapters, the current...

The Obligation of an Employer to compensate for non-pecuniary damage Abstract The presented dissertation thesis deals with the topic of the employer's obligation to compensate for non-pecuniary damage. It comprehensively presents the issue of the employer's obligation to compensate for non-pecuniary damage, from the constitutional and theoretical basis of protection of human life and health, through pointing out to the reflection of the basic principles of labour relations in the field of non-pecuniary damage, to the definition of specific application problems in claims of non-pecuniary damage, including a proposal for their solution. The thesis does not neglect the relevant case law of the highest national and international courts, including the analysis of its impact on the interpretation of selected legal institutes in the field of non-pecuniary damage compensation. Thorough attention is paid to the general principles of non-pecuniary damage and a comprehensive interpretation of selected institutes in the field of applicable legislation on compensation for non-pecuniary damage in civil and labour law, including legislative proposals de lege ferenda. In the thesis, as one of the research questions, a possible subsidiary application of the Civil Code to the field of the liability employment relations is...

Non-pecuniary harm and its compensation in judicial practice Abstract This thesis deals with the traditional private law issue of non-pecuniary harm and its compensation in the area of private law. The author of the thesis focuses mainly on current issues related to non-pecuniary harm with emphasis on the development of court decisions not only in the Czech legal system. Attention is also paid to the historical genesis of both, the legislation and judicial decisions. First of all, the basic concepts are analyzed, inclusive of terminological inconsistencies clearly expressed in the comparison table. Subsequently, attention in great detail is paid to the individual legal provisions dealing with the issue of non- pecuniary harm and its compensation in the current Civil Code. This thesis is divided into nine chapters. The first chapter explains the key term of non- pecuniary harm and other terms like compensation and judicial practice. The second chapter briefly introduces the protection of personality rights and means of reasonable satisfaction. The third chapter deals with the compensation for bodily harm in the Civil Code including a legally non-binding document called Methodology of the Supreme Court to compensate non-pecuniary harm to health. This non-binding document was created with the aim to help...

1 Abstract Compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings The topic of the diploma thesis is the issue of compensation for non-pecuniary harm in the event of personal injury and death in collateral proceedings. This issue is currently often debated due to, among other reasons, a change in the legal regulation of compensation for pecuniary and non-pecuniary harm effective from January 1, 2014. The specificity of this subject lies in the combination of two legal branches - criminal and civil law, as collateral proceedings are part of criminal proceedings and decide on claims which are of a civil nature. The thesis deals with the criminal law institutes of the injured party and the collateral proceedings themselves. An extensive space is then devoted to the private law regulation of compensation for non-pecuniary harm in the event of personal injury and death, especially in accordance with Sections 2958 and 2959 of the Civil Code with regard to legal practice and court decisions. The aim of this work is to describe and evaluate the legal regulation of compensation for non-pecuniary harm in the event of personal injury and death and the procedural possibilities of the injured party to attain this private law claim in criminal proceedings. With regard to...

Private-law aspects of compulsory vaccination The subject of this thesis is the legal regulation of compulsory vaccination from the perspective of private law. Although it can seem that it is only public-law theme, the opposite is true. The compulsory vaccination which the persons undergo according to the law means some kind of intervention into human rights and fundamental freedoms. On the other hand this limitation has benefits for whole society, because it provides elimination of highly-contagious infectious diseases that can often cause death. Despite the fact that the primary objective of the vaccination is to protect the health of the individual and whole society, there may be situations when a person is harmed due to the vaccination. The question is who is responsible for this caused harm. And this responsibility for harm which is being connected with vaccination means private-law overrun of this institute. In the beginning of my thesis I focus on the creation of the vaccination process itself and I introduce the basic institutes, which are public health, collective imunity, permanent contraindication or possible unwanted effects. Then I focus on obligation to be vaccination, non compliance of it and possible sanctions, which can be imposed on person, who defaults the obligation. The main...