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Rozsah právní odpovědnosti státu za pochybení při výkonu státní moci / The extent of legal liability of the State for misconduct in the exercise of state powersPatočka, Vojtěch January 2012 (has links)
In the presented work I study the concept of liability of the State for misconduct in the exercise of state powers. The main aim is to show why this concept needs to be different from the one we know from civil law. The legal relationship between the State and an individual is a relationship that differs from the one we know from civil law, given that it is related to the exercise of power. Therefore we have to construct specific legal conditions in order to find the State liable for damages that an individual may suffer in such a relationship. In the first part I question the main function of the State's liability for damages. I show that it has good influence on the administrative bodies in the way that it forces them to follow the law. On the other hand this influence must not be overestimated. In the next part I study the basic elements and conditions of liability. I work with the domestic law as well as with the liability principles formed by the judicial decisions of the EU Court of Justice. I compare both these systems of liability for damages with regard to how they respond to the specific features of the relationship between a State and an individual. Final part of this work tries to explain why different branches of state power should be treated differently. I show on examples what kind...
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Odpovědnost za škodu v soudní judikatuře / Liability for damage in case-lawMikolajová, Miroslava January 2012 (has links)
The aim of this thesis is to give an analysis of liability for damage in the Czech labour law, viewed by the practise of the courts. The thesis is composed of seven chapters, each of them dealing with different aspects of liability for damage in labour law. Chapter one is subdivided into two parts. Part one describes liability for damage in general and it's specifics and functions in labour law. Part two deals with how the Labour Code governs prevention of damage. Chapter two looks at binding nature of case-law in the civil law from a different point of view. Chapter three deals with all kinds of the liability of an employee. It is subdivided therefore into four parts. The first one that explores General liability of an employee, is divided into another six parts, each focused on one of the basic conditions of liability for damage in labour law, namely: employment relationship, breach of legal obligation, damage, causal connection, fault and performance of working tasks (together with following acts in direct connection with it). The following three parts focus on special kinds of the employee's liability. Part two is concerned with Liability for a shortfall in things entrusted to an employee, part three looks at Liability for loss of things entrusted to an employee and, eventually, part four biefly...
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Náhrada škody v občanském právu / Damages in civil lawKolář, Martin January 2013 (has links)
Subject of this master's degree thesis is to delineate basic aspects of legal provisions connected with compensation of damage under Civil law. Main legal document, which regulates compensation of damage in the Czech Republic is Act no. 40/1964, as amended. This Act provides the basic elements of compensation, which include the general conditions of liability, method of compensation, the individual types of damage, etc. This master's degree thesis is dedicated mainly to the compensation of damage, whereas general and special liability is neglected, because it does not relate directly to the assigned topic. This master's degree thesis is divided into three main chapters. The first chapter of this master's degree thesis deals with basic institutes of compensation of damage in general. It includes description of basic function, subjects, lapse and court's moderation right all related to compensation of damage in general. The second chapter deals with basic assumptions of liability for damage such as illegal act or law qualified event causing damage, damage, causation and fault as well as circumstances excluding illegality, kinds of damages or main conditions related to the fault. The third chapter, from my point of view the most important, deals with compensation of damage and in this part is distinguished...
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Odpovědnost za škodu v soudní judikatuře / Liability for domage in the judicial practiceŘezníček, Oldřich January 2016 (has links)
Résumé Liability for damage in the judicial practice The intention of my thesis is to analyze the contemporary state of legal regulation concerning liability for damage in employment relations, considering not only the respective provisions of Act N. 262/2006 Sb., the Labour Code, as amended, but also with respect to the significant judicial practice. The composition of this topic basically follows the systematics of the Labour Code. The script is composed of six chapters, each of which is further subdivided in order to preserve a certain sequence and hierarchy. The opening chapter is dedicated to the theoretical conception of legal liability for damage in general, concluding with a brief article about the General liability for damage according to the Civil Code. Chapter two describes the integration and the purpose of the practice of the courts in relation to the Czech legal order. The third chapter provides a description of liability for damage in employment relations, including the explanation of the legal terms of "damage" and "immaterial harm". An article about the prevention from damage is attached as well. Chapter four focuses on the liability for damage of an employee. In the first place, it deals with the employee's general liability and then subsequently with all of the three special types of...
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Analýza tržní situace Škoda Auto v podmínkách hospodářské krize / Analysis of market situation of Skoda Auto during economic crisisVašek, Martin January 2009 (has links)
The main goal of this thesis is to analyse market situation of Skoda Auto in the Czech republic during economic crisis, which began in autumn 2008. This thesis focuses on analysing situation in individual segments, where Skoda offers its products. Namely small cars segment, small MPVs, small SUVs, lower middle class and middle class. This thesis also features an analysis of used car market in the Czech republic, a research with experts, a SWOT analysis and a future forecast. The main source of data is a czech association of car importers and association of automotive industry. Conclusions are as follows : considerable fall of small cars and small MPVs segments, increase in sales in lower middle and middle class, loss of market share of Skoda in small cars and small MPVs segments, gain of market share in lower middle and middle class segments. One of the reasons is a higher ratio of private buyers in small cars and small MPVs segments. Private buyers are apparently more sensitive to economic crisis than firms. Situation in the rest of 2010 and in 2011 should be similar.
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Nová úprava soukromoprávního vymáhání náhrady škody způsobené protisoutěžním jednáním / New Regulation of Private Law Enforcement of Compensation for Damage Caused by Anti-competitive BehaviourPetráková, Lenka January 2018 (has links)
This paper deals with the problematics of private enforcement with main focus on the legislation comprised in the act no. 262/2017 col. on Compensation of Damages in the Area of Competition Law in the context of the evolution of the approach of the European Union and the Czech Republic towards private enforcement. The aim of this paper is to evaluate the impact of the new law on legal status of persons, who have suffered harm caused by competition law infringement, when claiming for compensation for his or hers loss. The author of the paper critically evaluates the way the European law was transposed into the Czech legal environment and its real impact on the legal relationships in the area of private enforcement of competition law. The author examines in detail the newly established framework of limitation periods which differs significantly from those of the general civil law both before and after its recodification. The Act on Compensation of Damages in the Area of Competition Law does not comprise transitional provisions concerning limitation periods. Therefore the intertemporal conflicts of the new act with other civil law acts are dealt with in depth. Consequently the area of compensation for loss is discussed. Within this area the author analyses the problematics of presumption of existence...
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Market Analysis of Škoda Auto in China / Global Marketing Strategy of Škoda Auto Inc.Šlégl, Martin January 2010 (has links)
The main goal of this thesis -- "Market Analysis of Škoda Auto in China" is to analyze Škoda Auto Group in The People's Republic of China. Enjoying more than 100 years of history, Škoda Auto, based in Mladá Boleslav, Czech Republic, is one of the world's oldest automobile manufacturer and is a part of Volkswagen Group -- one of the world's largest auto concerns. Škoda Auto is a global brand presented in all major markets including emerging markets of Russia, India and most importantly China. Even though Škoda Auto has entered the Chinese automotive market very recently -- in 2007 with Octavia - in the first half of 2011 sold there 112 000 vehicles. Moreover, since 2010 Chinese market is the largest one for Škoda Auto followed by German and Czech markets. This thesis analyzes Škoda Auto in China as well as describes the main differences in model lines from European versions.
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Ekonomické dopady probíhající rekodifikace soukromého práva, především ve vztahu k odpovědnostním závazkůmChromčák, Daniel January 2014 (has links)
In this diploma thesis, I evaluate the impact of the recodification of private law. Recodification especially means a new Civil Code and I focus in particular on the impacts in relation to liability obligations of entrepreneurs. Liability obliga-tions arise due breach of contractual obligations, which implies the relevant responsibilities. The theoretical part provides an analysis of the current state of the issue in professional literature. In this part, I analyse the key factors, the liability for damage, delay, and the liability for defects. The practical part is focused on comparing the new rules of the new Civil Code to compare with the original legislation in the original civil and commercial code. I rate primarily economic impact on the company's economy, specifically in connection with the recodification. The knowledge gained from practical examples and theory will be treated as recommendations for entrepreneurs in the process of concluding contracts with their business partners or customers.
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Škoda způsobená informací nebo radou - česká úprava, DCFR a PETL / Damage caused by information or advice - Czech adaptation, DCFR and PETLMladá, Klára January 2018 (has links)
Damage caused by information or advice - Czech adaptation, DCFR and PETL Abstract This thesis deals with liability for damage caused by administration of incorrect information or harmful advice, which is governed by Section 2950 of Act No. 89/2012 Coll., The Civil Code. At the same time, it deals with its relation to the documents of the European legislative groups, namely the document of the Principles of European Tort Law (PETL), and the Draft Common Frame of Reference (DCFR). The aim of this thesis is to introduce annotated provision, its inclusion in the systematics of the Civil Code and to outline the possibilities and requirements of its application. This goal was also necessary to subject to an examination of the view of PETL and DCFR European documents, which inspired the legislative decision to include the annotated provision in its current form into the Code and even it was an inspiration for the creation of the Civic Code itself. In the context of introducing the annotated provision, it was necessary to develop the individual topics that formed the basis for accountability according to Civil Code in general, in the concrete in relation to the annnotated provision and, finally, in relation to the intentions of the PETL and DCFR European documents. The main subjects are therefore the subjects of...
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Odpovědnost v právu: teoretická a komparativní analýza prosté ekonomické škody / Legal liability: theoretical and comparative analysis of pure economic lossTakáčová, Dominika January 2011 (has links)
LEGAL LIABILITY: THEORETICAL AND COMPARATIVE ANALYSIS OF PURE ECONOMIC LOSS The purpose of my thesis is to introduce the concept of pure economic loss and its setting in the jurisdictions of France, England, Germany and the Czech Republic. The comparative study of pure economic loss reveals that granting compensation for economic loss frequently interferes with the economic loss rule (or exclusionary rule), which states that a plaintiff can not recover damages for a pure financial loss. Legal doctrines provide little insight as to why liability should, or should not, be denied. On the other hand, economic models of liability provide some valuable guidance for classifying various categories of economic loss, and identifying cases in which denial of recovery for economic loss would lead to inefficient outcomes. A law and economics analysis shows that a key factor in determining the optimal scope of the economic loss rule is in the relationship between pure economic loss and social loss. Economic loss should be compensable in torts only to the extent that it corresponds to socially relevant loss. A plaintiff cannot recover damages for a purely private economic loss. Our hypothesis is that, although not formally adopting this economic criterion, European courts are attentive to efficiency...
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