The purpose of this theses is to analyze whether a contractual limitation of liability for damage resp. compensation for damage is acceptable in the Czech law, what are the limits of limitation and what they should be. The main focus is given on the issue of the prior limitation. The thesis is composed of an introduction, ten chapters and a conclusion. First four chapters cover the background information and terminology needed for the remaining part of the work, such as liability for damage, its division, prerequisites and scope. The many ways of limitation and basic prevailing principals of limitation are given in chapter five. Chapters six, seven and eight deal with the very possibility of compensation for damage limitation in three spheres that are: contemporary civil and commercial law and the united civil law under the law No. 89/2012, so called The New Civil Code. Chapter nine provides a short view into the German regulation before there are given the conclusions on possible practical regulation in Czech law in chapter ten. The chapter six dealing with contemporary commercial law summarizes the development of the issue and deals with the restrictions in this matter. In the chapter seven the importance and meaning of Section 574 of the Civil Code is deeply analyzed and conclusion made that the...

The injured party and his/her protection in criminal proceedings The presented thesis deals with the protection of an injured party in criminal proceedings as a whole, in particular with regard to his/her position as a party in the criminal proceedings, and to his/her procedural rights in accordance with the Rules of Criminal Procedure. The aim of this thesis is complex analysis of the position of an injured party in the Czech legal order with focus on differentiation of the concept an injured party (as the party of criminal process) and the concept a victim of an offence, as a person whose rights were violated in certain manner. The thesis is composed of five main chapters, each of them dealing with different aspect of the injured party involvement in criminal procedure. The first chapter contains thorough analysis of the concept an injured party, as is defined in the provision of Section 43 of the Rules of Criminal Procedure. At the same time, there is incorporated the analysis of limitation or exclusion of participation of an injured in criminal proceedings. Thereafter, the conclusion of this chapter is dedicated to the mentioned differentiation of the concepts an injured and a victim, in particular in the light of the new law on victims of crime. In the second chapter the author addresses...

This diploma thesis is dealing with issues of employer's liability for industrial injuries and occupational diseases and from that consequent obligation to compensate damage or non- material damage, through individual types of compensation. The first part provides a brief excursion into the development of the legislation on industrial injuries and occupational diseases and deals with the question of mandatory statutory insurance of the employer, implemented through two private insurance companies. The second part of the diploma thesis deals with the circumstances, which lead to emergence of employer liability for industrial injury. Substantial space is dedicated to situations where it may not be obvious at first sight that an industrial injury may occur. The industrial injuries resulting from teambuilding, business trip and injury originating from myocardial infarction are discussed in more detail. Further, here are defined the facts leading to the partial or total deprivation of liability by the employer. These facts are recklessness, own fault violation of regulations or instructions and drunkenness or misuse of addictive substances. The third part concerns with conditions under which the employer is liable for occupational diseases. The fourth part deals with individual types of compensation to...

1 Abstract This thesis deals with the very current problem theme of the status of the injured party and a victim in criminal proceedings and compensation for damages, non-material damage and a release of an unjust enrichment in criminal proceedings. Work serves a legal definition of the injured party and a crime victim and deals with their status in criminal proceedings. As to the injured party, the thesis focuses on a definition and a position of the injured party as well as issues related to an adhesion proceedings in which the court decides about a claim of the injured party to damages, non-material damage and unjust enrichment. The focus of the issues relating to crime victims is their status and rights granted to them in the light of the recently adopted law amendment of victims of crime and international arrangements. The entire work arises all sorts of questions about the accuracy and effectiveness of the legislation which provides a reflection of the current state and at the same time proposals de lege ferenda. My thesis is systematically divided into four main parts. In the introductory part of this work is for a better orientation and understanding of the context described the historical evolution of the position of an injured party, by law of the injured party before 1950 to the time of the...

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...

There are two main thesis to the work "A Company as the injured party in criminal procedure": (i) civil law recodification, in the context of company actions or actions made on behalf of a company, represents a positive change for the injured party when submitting a proposition for the court to impose a duty to compensate the damage in its sentencing judgment and as well determinates a limitation period, (ii) the process of assigning or withdrawing a status of the injured party is not described accordingly in the contemporary procedure act, especially regarding the exact form needed for this decision. These issues are closely tied to the types of damage applicable in a criminal procedure, injured party categories and to the details of submitting the compensation duty motion. A comparison of different company actions before and after recodification implies that there is a possibility of approbating the juridicial act of legal proceedings of a company that are invalid due to the company's procedure errors. Determining a limitation period by the day of the original motion stays unimpaired. Repeating the legal procedure and putting the limitation period to the day after its valid execution was necessary with the latest legal version. The second thesis was verified as well by exploiting contemporary...

The topic of this thesis is employee's claims in the case of work accidents or occupational diseases, because the assessment and determination of damages is still an actual issue. The first part of the thesis deals with theoretical introduction and definition of terms which are material for the whole thesis. The first part defines the liability in labour law, the liability of employee and employer, work accidents and occupational diseases and mainly the employer's liability for damages and non-material damage caused by work accidents or occupational diseases to employees. The next chapter focuses on insurance which is obligatory for all employers who employ at least one employee. This insurance is important in case of the employer becomes liable for damage or non-material damage caused by work accidents or occupational diseases. The insurance is important especially for small and medium-sized employers for whom the compensation could be liquidating and could lead to the termination of their activities. The most importatnt chapter of the thesis is the chapter concerning individual types of employee's claims for damages or non-material damage which arise from work accident or occupational disease, or claims of survivors of employee in case of employee's death, and their assessment. The most...

Magistro baigiamojo darbo tema - „Nuostoliai ir jų atlyginimas statybos sutartiniuose santykiuose“. Raktiniai žodžiai: nuostoliai, nuostolių atlyginimas, statybos rangos sutartiniai santykiai, statybos rangos sutartis, užsakovas, rangovas. Magistriniame darbe analizuojami statybos sutartiniai santykiai. Atsižvelgiant į tai, kad statybos ranga yra populiariausias statybos organizavimo būdas, darbe nagrinėjami santykiai, kylantys iš statybos rangos. Vartojimo ranga darbe nenagrinėjama. Statybos rangos sutartinių santykių pagrindas yra šalis siejanti sutartis. Nuostoliai sukeliami tada, kai viena iš šalių arba abi šalys neįvykdo arba netinkamai įvykdo sutartį. Pirmame skyriuje nagrinėjami bendrieji nuostolių klausimai tokie kaip, nuostolių sąvoka, rūšys, nuostolių atlyginimo sąlygos bei atleidimas nuo nuostolių atlyginimo statybos rangos sutartiniuose santykiuose. Antrame skyriuje nagrinėjami nuostolių ir jų atlyginimo ypatumai ikisutartiniuose statybos rangos santykiuose. Trečiame skyriuje analizuojami dažniausiai pasitaikantys statybos rangos sutarties pažeidimai, jų kilimo priežastys, nuostoliai, kurie kyla dėl sutarties pažeidimų, bei jų atlyginimas. Išanalizavus teisės aktus, teisės doktriną bei teismų praktiką, patvirtinami darbe nurodyti ginamieji teiginiai. Kadangi Lietuvoje nėra vieningos nuomonės, kokią atsakomybę taikyti ikisutartiniuose santykiuose, dėl to nuostoliai ne visada yra tinkamai atlyginami statybos rangos ikisutartiniuose santykiuose. Taip pat, autorė... [toliau žr. visą tekstą] / The subject of master work – „Damages and their compensation in construction contractual relations“ Keywords: damages, compensation for damages, construction contractual relations, construction contract, client, contractor. In this master work author analyses construction contractual relations. Consumer contract relations are not the object of analysis. The base of construction contractual relations is a construction contract. When one of contract parties or both parties breaches the contract that causes damages. In the first part author analyses general questions about damages. Damages concept, types of damages, conditions for damages compensation, releases from damages compensation in construction contractual relations. In the second part author analyses damages and their compensation in pre-contractual construction relations. The third part of the work is commited to analysis of the most common breach of construction contract, causes of breach of contract and also damages and their compensation in construction contractual relations. After accomplishing analysis of legal act, law doctrine and practice of Lithuanian Courts, author can prove defended statements. Since there is no consensus about what kind of liability should be in pre-contractual relations in Lithuania, damages in construction contractual relations are compensated wrongly. Also author confirmes that imperative duty to cooperate is one of the remedies to avoid damages or reduce existing damages to a minimum... [to full text]

Compensation for the bereaved in the case of work accidents and occupational diseases Abstract The topic of my diploma thesis is compensation for the bereaved in the case of work accidents and occupational diseases. It is a topic with a relatively settled legislation and a subject which is present - nevertheless, ground-breaking changes in this issue cannot be really anticipated any more. Introductory part of my thesis deals primarily with a theoretical definition of a term liability and liability in labor law. It deals with the conditions of inception of liability, the reasons that allow release from liability and finally, with the obligation of an employer to compensate damages or non-material damage in the cases of work accidents and occupational diseases. I also devote myself to define terms work accident and occupational disease, and for better understanding and explanation of disputable questions, I refer to judicature of the Supreme Court and the Constitutional Court. The mainstay of my thesis is dedicated to the particular types of compensation provided either directly to the aggrieved employees as the consequence of work accident or occupational disease, or to the bereaved in the case of death due to the work accident or occupational disease. I also compare the labor law regulation to the...

The presented diploma thesis deals with the current issue of compensation for damages caused by European otter (Lutra lutra), namely the use of feasible preventive measures to eliminate damages and to ensure the entitlement to compensation in accordance with the law No 115/2000 Col. It also presents the results of practical testing of scent barrier systems as an alternative protective equipment agains unwanted predation in real conditions of fish storage pools.