This master's degree thesis refers to legal regulation of the compensation of damage under civil law. The main purpose of my thesis is to analyze and evaluate current Czech legal regulation of the compensation of damage in civil law. The interpretation is based on regulation in the Civil Code, namely Act no. 40/1964. Coll., as amended, whereas deviations arising from commercial and employment compensation regulation are omitted. The paper offers an overview of the opinions of the leading legal experts on fundamental issues of compensation. The interpretation includes analysis of relevant decision-making practice of courts and a comparison with the legislation in projects of European tort law. The thesis also contains an overview of the most significant changes brought by the forthcoming new Civil Code, in case it is adopted. The thesis is composed of nine chapters, each of them dealing with different aspects of the matter. The first chapter is introductory. It is followed by the second chapter named "General characteristics of liability for damage" which includes definition of legal liability, outline of historical development of the legislation in our country, its current and future forms and functions of compensation. Chapter Three focuses on the analysis of general assumptions of the liability, including...

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...

Resumé This diploma thesis deals with compensation for damage under the civil law. The work gives a detailed explanation regarding this institution and highlights the most significant changes that have been brought by the new Civil Code. The aim is mainly to introduce different methods of compensation and basic procedures, that are used in determining the extent of compensation. This thesis is composed of six chapters. In the introductory chapter, the attention is given to the most significant changes that occurred in the area of tort law in comparison with the previous legislation. Moreover, there is discussed the change in the concept of liability for damage and its basic functions in more details. The following parts are focused on the analyze of duty of care and the limitation of the rights to compensation. The main topic of the second chapter is the definition of the basic assumptions leading to the obligation to compensate for damage. These assumptions include tort, damage, causation and the fault. In the following passages there is closer outlined the issue of strict liability. Special attention is paid to the damage that was caused by accident or solidary liability to compensation and the contributory negligence of a victim. In the final part of the second chapter there is explained the essence of...

v německém jazyce Haftung des Skigebietsbetreibers für Schäden stellt ein spezifisches Rechtsproblem in der Tschechische Republik dar, das in der wissenschaftlichen Umgebung oft übersehen wurde. Diese Arbeit soll grundlegende Orientierung des Skigebietsbetreibers in der unübersichtlichen Rechtslage dienen. Gleichzeitig können Sie hier eine Inspiration finden, wie man das Skigebiet besser absichert soll, damit man die Entstehung von potenziellen Schäden verhindern kann. Für diese Problematik ist die rechtliche Verankerung grundlegend, die wir in der öffentlich-rechtlichen und auch in zivilrechtlichen Normen finden. Von den öffentlich- rechtlichen Normen kann man das Gesetz über Bahnen Nr. 266/1994 Sb. erwähnen, das den Betrieb von Seilbahnen, Sesselliften und Skiliften reguliert. Eine wichtige Rolle spielt auch die Tschechische technische Norm "ČSN 01 8027 über Markierung und Absicherung in dem Wintergebieten", die die Markierung, Absicherung und Bewegung in dem Skigebiet verankert. Ohne Rücksicht auf die Rechtsverbindlichkeit der technischen Norm soll der Skigebietsbetreiber sich an diese Norm halten. In dem Bürgerliches Gesetzbuch Nr. 89/2012 Sb. wurde ein neues Konzept von Deliktrecht verankert. Das Gesetz unterscheidet zwischen Sittenverstoß (§ 2909), Gesetzverstoß (§ 2910) und Verstoß gegen...

This diploma thesis deals with the current legal regulation in the field of compensation for damage caused by selected, specially protected animals, which is in the Czech legal system regulated by Act No. 115/2000 Coll. It belongs to one of the means adopted in order to protect nature and environment and its objective is to reduce the conflict that has arisen between human activities and selected, specially protected animals, which are known to cause damage on the property of people. In accordance with the above mentioned legislation, amongst these so called conflicting species are included the Brown Bear, Northern Lynx, European Elk, River Otter, European Beaver, the Wolf and also Great Cormorant that, however, is no longer in the field of activity of this Act. Such an objective should be reached through the provision of financial compensation for the damage caused by these animals to some predefined objects owned by individual entities. The thesis is divided into three main chapters dealing mainly with the actual Act No. 115/2000 Coll. and some other related issues. The first chapter focuses on basic legal terms with relevance for the protection of animals. With a help of the relevant legislation, terms such as animal are introduced with emphasis on their legal status in the Czech legislative...

The topic of this Master's degree thesis is "Comparison of the legislation of the damage liability in the Czech and Austrian civil law". The purpose of the thesis is to give the general summary of the topic and to point out the main differences and similarities in the area of damage liability in the Czech and Austrian civil law. The core of the thesis consists in the comparison of the tort liability, i.e. damage liability arising from the illegal act (tort law) and the strict liability. The thesis should also verify, if the legislation of the damage liability in the traditional Austrian Code - Civil Code of Austria - is similar to the legislation in the Civil Code of the Czech Republic and if the Civil Code of Austria was an inspiration for the new Czech Civil Code. The thesis is composed of six chapters, the core could be found in the chapter two, four and five. Chapter One is a historical introduction and it describes the evolution of the civil law in the Austrian and Czech area. Chapter two is focused on the basic terminology and the key terms such as "damage liability" and "damages" and the constitution conditions of the damage liability as well as damages. The chapter gives a description of the main differences and similarities in the terminology in the both Codes. Chapter three examines the...

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...

Legal regime of a group company after recodification of private law in the CR The issue of company group legislation is a topic increasingly discussed in the modern times. There are some questions that a legislator must ask: whether to allow the formation of corporate groups in the first place; if so, to what extent should disadvantageous instructs towards the subsidiary be permitted; how to handle the compensation for the damage caused by such instructs; in what manner to protect minority company members and creditors of the subsidiary. The recodification of private law in the Czech Republic has brought a new legislation of company groups in an attempt to introduce group enabling law in reaction to recent trends discussed on European level. The first part of this thesis concentrates on bases on which the legislation in the Czech Business Corporation Act is built, including a brief comparison of German and French concept of corporate company law, the doctrine of piercing the corporate veil and recent discussions on European level. The second part deals with the new term of influence and the first degree of company groups. It focuses mainly on the legal presumptions of control, the definition of concerted action and the topic of the majority partner. In the third part there is a detailed analysis of...

Floods in The Czech Republic more often damage private property. Majority of such damages is caused by water stream itself. There are also situations, where damages are caused in case of dereliction, infringement or violation of statutory duty. The Czech legislature defines legal instrument - Compensation for Damage. This work examines how this instrument is used in cases of flood damages, where someone is guilty. We examine legal (court) processes for Compensation for Damage by an application of IAD Framework and Stakeholder Analysis. Results are as follows. The examined legal instrument is seldom used. In the conclusion there are discussed possible grounds of these research results and steps/provision for more frequent application of Compensation for Damage in consequence of floods.

Basically, state compensation liability can be sorted to: One is caused by the public servant who exercises public power while executing duties(namely human liability) and the other is caused by deficient installation or management of public-owned and public facilities (namely liability of an object). They are two pivots related to compensation liability of the existing State Compensation Law. Although cases of Kaohsiung City Government Police Bureau are increasing year by year during the enforcement of State Compensation Law for more than twenty years, all of them are from lawless liability of public servants and deficient liability of public-owned and public facilities. The research is mainly to analyze and discuss cases of state compensation of Kaohsiung City Government Police Bureau and targets are police officers of Kaohsiung City Government Police Bureau as the priority. Concerning general public servants of other organizations and ¡§public servants having duties of judgment and prosecution,¡¨ they belong to special regulation of State Compensation Law, so they are not within the scope of the research. To pursue accuracy and precision, the research analyzed cases of state compensation of Kaohsiung City Government Police Bureau during recent five years (2001 to 2005) to discuss whether there is room for improvement among five structures of our legal system of state compensation liability, including principles of legislation, organizational structure, authority design and application, relief & aftercare, and supervision & evaluation, and then provide Kaohsiung City Government Police Bureau with concrete ways and suggestions in handling cases of state compensation in the future.