Thesis (doctoral)--Universität Greifswald.

Inaug.-Diss.--Heidelberg. / Vita. Bibliography: p. 197-210.

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...

Le fretting est un endommagement induit par le glissement cyclique à très faible amplitude de deux corps en contact. Il se caractérise par un amorçage d’une fissure en surface, qui peut ensuite propager, menant ainsi à la rupture. Le fretting est présent dans de nombreux secteurs industriels où il constitue un critère de résistance à la fatigue plus ou moins sévère. Ce mémoire s’intéresse aux fissures de fretting qui apparaissent dans une liaison entre pale et disque d’une turbomachine. La sollicitation cyclique de contact est dans ce cas le fruit de la combinaison d’un chargement statique à un chargement vibratoire à très haute fréquence (quelques milliers de Hertz). Pouvoir estimer la durée de vie de la liaison sous un tel chargement est indispensable pour la sécurité des vols. La méconnaissance de certains paramètres d’entrée, la non-proportionnalité du chargement ainsi que les fortes concentrations de contraintes mises en jeu, sont autant de verrous techniques à la modélisation. Ce mémoire de thèse propose une méthode numérique permettant le calcul d’une criticité à amorçage de fretting sous sollicitation vibratoire. Le modèle se décompose en une première phase de calcul des contraintes et déformations cycliques par éléments finis, suivie d’une seconde qui consiste à post-traiter les résultats avec le critère de Dang Van. Le modèle est développé grâce au support d’un banc d’essai innovant qui permet de reproduire les chargements subis par un contact d’une liaison pale/disque. Une utilisation intensive du processus de calcul mis au point permet de tirer des conclusions et de mieux comprendre les phénomènes mis en jeu dans ce type d’endommagement. Une confrontation des différentes études numériques réalisées permet de comparer la représentativité des moyens expérimentaux par rapport aux configurations moteurs réelles. / Fretting is a damage induced by small cyclic slip of two bodies in contact. It is characterized by surface crack initiation, which can then propagate, thus leading to failure. Fretting is present in many industrial environments where it is a more or less severe resistance criterion. This work focuses on the fretting cracks that appear in blade/disk roots of turboshaft engines. In this case, the cyclic contact loading is the result of the combination of a static loading and a high frequency vibratory loading (some thousands of Hertz). Being able to estimate the lifetime of the root under such a solicitation is essential for flight safety. The lack of knowledge of certain input parameters, the non-proportionality of the solicitation as well as the high stress gradient involved, make this phenomenon difficult to predict. This work proposes a numerical method allowing the computation of a fretting crack initiation criterion. First, stresses and deformations fields are computed with finite element method. Then, the post-processing of the fields is done woth Dang Van criterion. The model is developed with the support of an innovative test bench which makes it possible to reproduce the loadings sustained by a a blade/disk root. An intensive use of the computation process developed makes it possible to draw conclusions and provides better understanding of the phenomenon involved in this type of damage. The different numerical studies carried out make it possible to compare the representativeness of the experimental means with respect to the actual engine configurations.

Resumé This thesis deals with the question of compensation for damage in civil law. Its main task is to acquaint the reader with the basic institutions associated with the prescribed topic from the basic premises of the legislation through the explanation of the main terms to determine the prerequisites for a successful claim for damages and the rules determining the manner and extent of damages including some specific cases of damages. Work is also trying to compare the current, still not so long effective statutory regulation with the previous one. The thesis is divided into four main chapters. The first part discusses the basic concepts of liability for damages and the functions that it has in the legal system and even in society. It also describes the general concepts, such as the limitation period, prevention duties, general and specific, and also lists the entities to which the obligation to pay damages arise. The second chapter deals with the prerequisites for the establishing the liability in damages, which are traditionally a tort, the damage, causation and fault. It also presents the merits of general offenses. Especially acquaints readers with compensation that occurs accidentally. The third part deals with the way in which the damage is replaced and to what extent. Approximations are different...

in English This diploma thesis deals with the manner and extent of compensation for damage in civil law, which is systematically included in the fourth part of the Civil Code, entitled Relative property rights and in section named Obligations arising from torts. Specifically, the manner and extent of compensation for damage is defined in articles from 2951 to 2971. The thesis contains basic comparison of the conceptions of the manner and extent of compensation in the former Civil Code and in the new one, with emphasis on the most important reforms. It clarifies new terminology and describes the background of the newly established rules of law. It contains an analysis of the Czech legislation and its comparison with legislation of the neighboring states. It also mentions the European conception of the manner and extent of compensation for damage. The system of the thesis follows the organisation of the provisions on the manner and extent of compensation in the new Civil Code and is also divided into three chapters. The first one deals with compensation for material damage. Its main issue is the manner and extent of the material compensation and the conditions for its reduction. It also contains a provision on compensation for damage caused by an intentional criminal offence and rules for determining...

The thesis analyses compensations of damages caused by great cormorant (Phalacrocorax carbo) in fish farms in South Bohemian Region pursuant to Act. No 115/2000 Sb. till 2011. In the introductory section is described a development of population of nesting and migrating Great cormorants in Europe, particularly in the Czech Republic from the 80th of last century, and reasons for conflict between this species conservation and fish farming including legal conditions for compensation to pond owners and a development of compensation issues in the Czech Republic. This thesis assesses an overall status of the compensation of damages already paid in South Bohemia, analyses claimants according subject type and compares the amount of compensation of damages in relation to the number and the pond area including the frequency of submitted apllications by different types of claimants and the relationship to individual districts of South Bohemian Region. The survey in five chosen ponds in Třeboňsko region evaluates a current secondary damages caused by Great cormorants in the form of injured fishes obtained during fishing out.

Název diplomové práce v anglickém jazyce Employee's liability for damage with respect to the case law Summary The purpose of my diploma thesis is to analyse the main aspects of employee's liability for damage in labour law with respect to the current legislation and current case law. By using the analytic and descriptive methods the valid legal provisions are described and evaluated. The thesis is composed of eight chapters, each of them dealing with different aspects of liability of an employee. Chapter One is introductory and describes employee's liability in labour law in general. Following chapters examine relevant Czech legislation and related case law. Chapter Two presents the importance of damage prevention. The chapter consists of three subchapters. Subchapter One focuses on damage prevention and general obligations of an employee. Subchapter Two describes employee's special obligation to notify his supervisor in case of imminent damage. Subchapter Three investigates special obligation of an employee to take an action against imminent damage. Chapter Three relates to Chapter Two. It explains employee's liability for breach of obligations to take an action against imminent damage. The chapter consists of one subchapter which addresses the issue of measure of damages. Chapter Four is dealing with...