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Příčinná souvislost v občanském právu / Causal nexus in civil lawSmička, Martin January 2015 (has links)
The aim of this thesis is to provide an insight into the topic of causation in law and to acquaint its reader with the common methods of proving the causation before courts. Among the most used methods such as the 'but for' test, this paper focuses on specific aspects of this topic which were introduced to the Czech legal system together with the adoption of the Civil Code 2014. The thesis also includes description and analysis of alternatively used methods of proving 'multiple causation' cases such as the theory of 'loss of chance' and 'pure economic loss'. Among this analysis the comparison between Czech and British legal system is used extensively. The core of this thesis is the effort to confirm or to refute the hypothesis that despite the Czech legal system does not officially recognize distinction between 'factual causation' and 'legal causation' as it is done in the British legal system, methods from both categories are actively used by Czech courts. This paper also aims to analyze whether, due to the fact that recognition between 'factual causation' and 'legal causation' is not explicitly expressed in the Czech legal system, does exist any negative or positive impact on judicial decisions. The last goal of this thesis is to demonstrate whether, similarly as in the British law, the significant number...
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Finanční aspekty právní odpovědnosti za ekologickou újmu / Financial aspects of liability for environmental damageCimburková, Iveta January 2014 (has links)
This diploma thesis provides an overview of the aspects connected with financial assurance of liability for environmental damage. First parts of the work define the frame for this topic through its essentials terms and theoretical basis. Also there are introduced the main functions of economic instruments. Part 3 briefly focuses on the ways of codification of liability in the international public law. The main part of this work is dedicated to an adoption of the polluter pays principle to the European Union law and the Czech national law system. Thus parts 4 and 5 describe and evaluate efficiency of this liability system from the perspective of obligation to assure a financial security. Last part gives a list of possible instruments which may be used as a suitable financial security according to the statute n. 167/2008 Sb.
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Peněžitá náhrada imateriální újmy v českém soukromém právu / Material satisfaction of immaterial loss in czech private lawČuříková, Pavla January 2014 (has links)
Material satisfaction of immaterial loss in Czech private law (summary) The purpose of my thesis is to analyze the moral and material satisfaction in Czech civil law. I wanted to provide a deep interpretation of these institutes which represent an important phenomenon in our time. The importance of protection of personality increased in the 20th century in connection with development of human and personal rights. In last years also according to mass media and global society. My aim was not only to give the interpretation of basic institutes and instruments of protection of personality but also to show more extensive circumstances of this topic, set into relevant judicial cases and European aspects. I quit the part regarding constitutional law which creates a basis for another law adjustment and other basic grounds because I have already dealt with them in my previous dissertations. Chapter one attempts to provide an introduction to the topic of my dissertation giving overview of all chapters. Chapter two and three are denoted to the basic institutions relating to the protection of personality, moral and material satisfaction. They show the meaning of the institutions and also give readers the introduction to these problems. Chapter four provides an important introduction to the history of protection of...
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Poškozený v trestním řízení a jeho ochrana / The injured party in criminal procedure and his/her protectionWipplerová, Tereza January 2018 (has links)
The injured party in criminal procedure and his/her protection The diploma thesis deals with the position of the injured party in criminal proceedings and protection of the injured. It is divided into six chapters, the first chapter introduces the topic and the last presents the conclusions. The thesis is based on legal regulations, professional literature, case law, as well as electronic sources. The second chapter focuses on defining the concept of the injured party. It also addresses the difference between the injured party and the victim of a crime. The third chapter of the diploma thesis describes the aspects that may be used to classify the rights of the injured party. In this part of the diploma thesis, besides the first subchapter focused on the issue of classification of rights, there are four other subchapters. The first one is concerned with the rights of the injured party not entitled to monetary compensation, other than proprietary loss or surrender of unjust enrichment; the other deals with the rights of the injured party entitled to such claims. These chapters provide examples of such rights and deal with certain claims. These claims are described in more detail and deficiencies of the legislation are mentioned. The fourth subchapter focuses on the rights of the injured party stated...
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Právní odpovědnost za ztráty na životním prostředí / Liability for loss caused to the environmentHanibal, Josef January 2011 (has links)
English abstract The subject of my thesis is liability for loss caused to the environment. This is a fairly complex issue in the environmental law, which has developed significantly in recent years and decades, coming under the spotlight of the national, international, and European legislation. The principal aim of this thesis is to present and describe various legal instruments in the field of environmental law, particularly the legal regime of liability for loss caused to the environment in international, European, and national law. This thesis consists of nine chapters in which I analyze various modes of legal liability as a means of protecting the environment. The opening chapter of my work defines the term of legal liability in the field of environmental protection. Then I deal with tort liability in the environmental law, both criminal responsibility and liability for administrative misconducts. Next chapter of my work is devoted to liability for damage to the environment in international law. I focus primarily on the Lugano Convention on Civil Liability for damage resulting from activities dangerous to the environment, which has become an important source of inspiration for further development of a common regime of liability for damage to the environment in European countries. The fourth chapter...
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Způsob a rozsah náhrady majetkové a nemajetkové újmy ve zdravotnictví / The mode and amount of harm and non-proprietary damages relating to health careGavendová, Lucie January 2015 (has links)
The mode and of harm and non-proprietary damages relating to health care The subject of this thesis is the issue of compensation of proprietary and non- proprietary damage suffered by patients during the provision of health care. Particularly, it is a damage resulting from bodily and deadly injury, which is most commonly caused by malpractice of doctors and other medical workers. Legal institute of damage compensation is of cardinal and irreplaceable importance in the area of Civil law. The thesis examines this institute from its material aspect, namely in terms of the mode and amount of compensation. First part of the work deals with the introduction of the major changes brought by the new regulation of Czech Civil law into the area of damage compensation and their potential impacts on this sphere. Subsequently, there are further definitions of compensation's content, mode and amount, their mutual relations and historical development. That is followed by presentation of the main functions of the material and non-proprietary damage compensation. The core of this work is focused on exploring the mode and amount of compensation for the different types of material and non-proprietary damage. In this part, there is widely used existing established practice of the courts, the author deals with...
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Odpovědnost za újmu na zdraví ve sportu / Liability for Damage to Health in the Sports Industry.Černý, Vojtěch January 2015 (has links)
The purpose of thesis is to independently describe and analyze various assumptions upon which arises the liability to damages according to regulation in OZ. The emphasis is being placed particularly on damage to health and associated claims, i.e. compensation for pain and social impairment. A substantial part is devoted to the method and amount of compensation, particularly with regard to the adoption of a new concept, which is to be indemnified loss in full accordance to the principles of decency, if case it cannot be determined otherwise. In addition, it was necessary to deal with other non-pecuniary injuries which include injuries caused by mental distress. The thesis is, besides introduction and conclusion (the first and fifth chapter), composed of three main chapters. The second chapter is devoted to the relationship between two seemingly independently existing phenomena of recent time, and those are law and sport. First, it defines the concept of sport through its characteristics, which is followed by the actual relationship between law and sport. Further, the thesis describes a problematic existence of the branch of Sports law. The third chapter reports on the institute of legal liability under the laws of the Czech Republic, first in general, then specifying the liability arising from...
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Hodnocení rizik dle zákona o ekologické újmě v a.s. Fosfa / The Risk Assessment under the Act on Environmental Damage in Fosfa joint-stock CompanyDavčíková, Veronika January 2013 (has links)
Nowadays there is an increasing pressure on manufacturing companies to reduce their impact on the environment. This thesis seeks to address two approaches to reducing the environmental impact - legislative and voluntary. The theoretical part defines the procedure for environmental risk assessment under applicable law and the implementation of cleaner production in the company. The practical part describes the evaluation of risks arising in all production areas of the company and implementing the cleaner production program in the selected department. The introduction of cleaner production is economically evaluated by the simple return on investment method.
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Snížení ceny rodinného domu v důsledku porušení obvodového zdiva / Reduction residential property prices as a result of defects or faults assessed constructionKouřilová, Markéta January 2013 (has links)
This thesis has the task to bring us to the issue of the valuation of the house loaded defect perimeter walls. The first chapter focuses on the theoretical information in the issue of property valuation. The second chapter deals with possible defects and faults of real estate. The third chapter is to approach the issue of property damage. The fourth chapter provides a survey of real estate and the last, fifth, chapter focuses on a case study of the valuation of the house with impaired peripheral walls and the suggestion of possible ways how to reduce the value of the property as a result of the defect.
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Právní úprava zvířete v občanském zákoníku / Legal regulation of an animal in the Civil CodeSýkora, Ivo January 2022 (has links)
[1] Legal regulation of an animal in the Civil Code Abstract The content of the thesis consists in the legal regulation of the animal in the Civil Code. The aim of the thesis is to provide a comprehensive overview and analysis of all provisions in which the animal is explicitly designated by law as an element of legal relationship, and assess whether and to what extent the legislator respects the special nature of the animal and the principle of dereification, to which the Civil Code has subscribed. The private law regulation is also to a limited extent placed in opposition to the public law, which is often used to demonstrate the imperfection of the regulation in the Civil Code. The thesis is divided into an introduction, four chapters and a conclusion. The first chapter deals with the concept of an animal, especially in the context of the aforementioned dereification. In addition, the possibilities of applying the provisions on things to living animals are addressed here as well. The second chapter covers the animal in the context of property rights. It focuses mainly on specific ways of acquiring ownership of the animal and their mutual internal contradictions. Furthermore, it embraces the influence of the animal on legal relations between neighbours, where it highlights beekeeping law, which is often...
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