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Resumé This Master's thesis concerns murder and manslaughter under ss. 140 and 141 of the Czech Penal Code. It is impossible to solve this problem globally, because it is a very broad topic. The thesis focuses on s. 140 (3), which covers qualified murders. The author tries to describe qualified elements in such murders on the background of jurisprudence and court decisions; then he considers them. The qualified elements under s. 140 (3) of the Czech Penal Code are divided into seven chapters. The author not only describes the elements in each chapter, he also tries to analyse the possibility of legal qualification of manslaughter in situations, where qualification elements under s. 140 (3) of the Czech Penal Code are formally satisfied. Each of the chapters contains a brief comparison with German law, too. The thesis is composed of ten chapters. Chapter One is the introduction to murders and intentional killings generally. It provides the system of intentional killings under the Czech Penal Code, Czech legal history of such crimes, obligatory elements in murders and it deals with differences between affective and premeditative murders. Chapter Two introduces legal regulation of qualified elements under s. 140 (3) of the Czech Penal Code. The following seven chapters are the main part of the thesis. Chapter...

This thesis examines the development of medical liability in Germany during its intense formative period from 1800-1945. The focus is on how the fault requirement in civil law was conceptualised and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related and responded to changes in the nature of medicine, medical practitioners and healthcare over this period, this thesis uncovers a rich interaction between the legal and medical narratives of fault. In doing so, it offers an account of legal development where the law and lawyers were deeply embedded in, and influenced by, that broader social context. It identifies a gradual shift towards asserting courts’ independence from the medical narrative alongside greater willingness to question accepted practice, particularly in light of medical advances. The thesis says nothing directly about the closely related topic of liability for failure to secure the patient’s consent. We begin by mapping medicine and medical practice during this period. We then consider the evolution of ‘internal’ regulatory mechanisms and conceptions of error, in particular discussion over how to define a ‘Kunstfehler’ during the nineteenth century. We then unpack how the legal relationship between practitioner and patient was framed in nineteenth century Germany in criminal law, contract law and the law of delict before analysing the attendant standards of care and their application. Finally, we examine the changes wrought by the Bürgerliches Gesetzbuch and the growth of medical liability and technology in the first half of the twentieth century. The thesis offers a heavily contextualised study of legal development in a core area of private law and concludes that the pattern of development here was driven by acceptance of, and eventually reaction against, a concept of fault rooted in the medical discourse.

Die vorliegende Diplomarbeit ist eine kurze Einführung in die Problematik der Ersatzansprüche für den Personenschaden im Recht der Bundesrepublik Deutschland. Es handelt sich dabei um eine zusammenfassende Studie, deren Ziel es vor allem ist, die wichtigsten themabezogenen Grundbegriffe und Merkmale auf Tschechisch zu erläutern. Dabei enthält die Arbeit auch einige subtile Anstöße zum interdisziplinären, kulturhistorischen Betrachten des Personenschadens. Der eigentliche Text ist in drei Einheiten geteilt. Der Einführung folgt die etwas deskriptive Auslegung zum Ersatz vom materiellen Schaden, den Kern dieser Arbeit stellt das Schmerzensgeld als Ersatz für den immateriellen Schaden dar. Die spärliche legislative Regelung, die überwiegend im BGB enthalten ist, wird wesentlich durch die Rechtsprechung ergänzt. Der Personenschadenersatz wird im deutschen Recht relativ restriktiv erfasst und die Entschädigungssummen bleiben verhältnismäßig gering. Theoretisch wird der materielle Schaden in Erwerbsschaden, Haushaltsführungsschaden, Heilbehandlungskosten, vermehrte Bedürfnisse, entgangenen Unterhalt, entgangene Dienste und Beerdigungskosten aufgeteilt. Detaillierte Falluntersuchung und strenge Bemessung der materiellen Ersatzansprüche sind aus der angeführten Rechtsprechung ersichtlich. Für den...

The aim of my work is to describe and analyze the European and German consumer protection law, especially the implementation of selected consumer protection directives into German law. Main part of this work deal with the following EU Directives: Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees, Directive 93/13/EEC on unfair terms in consumer contracts, Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premise and the Directive 97/7/EC on the protection of consumers in respect of distance contracts. I've also tried to analyze the German legal regulations and found out the differences and similarities between the German and Czech consumer protection law. My work contains 9 chapters: First chapter defines the basic terms of the consumer protection law like a consumer and a supplier. It deals also with the judicature of the European Court of Justice and German legal regulations and judicature, which extend the consumer's protection to another subjects. Second and third chapter describe the primary and secondary EU consumer law, competence of the EU, consumer law basics included in the primary law and list of secondary legal acts, which regulate the field of consumer protection. Fourth chapter contains the...

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<p>A majority of the payments that are carried out today are executed through the electronic payment systems. Payments that are executed through these systems are administrated by payment service providers, these providers are, in general, banks. In spite of the socio-economic importance of payments and payment intermediation, there is an uncertainty regarding the legal status of payments and payment intermediation. Some describe payment intermediation as transport of means of payments, while some describe it in terms of claims and intermediation of information. There is, in other words, a need for clarification. </p><p>Since the international trade is increasing, more and more payments are made to receivers abroad. The trade with Germany is very important for Sweden. </p><p>Therefore, it can be an advantage for Swedish tradesmen, who are involved in businesses with German tradesmen, to know of the differences between Swedish and German law, when it comes to payments and payment intermediation. Also, in international trade, situations can occur that generally do not occur in domestic trade. EC-law must as well be taken into consideration, when discussing international payment intermediation between Sweden and Germany. I have in the thesis described the German legal system, in general features, and I have also made a brief outline of the Swedish international private law regulations that can be applied to a payment intermediation between Sweden and Germany. I have furthermore given a brief description of the relevant EC- regulations and -directives, in order to see to what extent a harmonization has been made, regarding payments and payment intermediation. </p><p>One of my conclusions, after having studied Swedish, German and international law, is that when the sender of a payment wants to execute a payment through the payment systems, he gives the sending bank a commission to transfer a certain amount to the receiver. In return, the sender denounces claims towards the bank, equivalent to that amount. The sending bank then gives the receiving bank a commission to credit the receiver’s account. In return, the receiving bank obtains compensation from the sending bank. The commission is final when the correct account has been credited with the correct amount at the correct time by the correct sender. I have further come to the conclusion that the receiver’s claim towards the receiving bank arises already when the receiving bank acquires the commission from the sending bank, and not when the receiver’s account is being credited. </p><p>I have thoroughly studied payments and payment intermediation according to both Swedish and German law, in order to see whether there are any differences between the legal systems. I have concluded, that there is a major difference in determining at what point of time a payment has been made, and therefore also whether the sender is in delay with the payment or not. According to Swedish law, the point of time when the receiver’s account is being credited is decisive. According to German law, at first hand, the point of time when the sender gives the commission to the sending bank is decisive. Another important difference is which legal relations the participators have with each other. In Swedish law, this matter has not been closely discussed, while in German law, in harmony with EC-law, the matter has been thoroughly analysed. The legal relations, concerning a payment intermediation, are to be regarded separately. This implies that the sender does not have legal relations with any other participant in the payment intermediation, for instance the receiving bank. I find that this model also is applicable to Swedish conditions.</p>

A majority of the payments that are carried out today are executed through the electronic payment systems. Payments that are executed through these systems are administrated by payment service providers, these providers are, in general, banks. In spite of the socio-economic importance of payments and payment intermediation, there is an uncertainty regarding the legal status of payments and payment intermediation. Some describe payment intermediation as transport of means of payments, while some describe it in terms of claims and intermediation of information. There is, in other words, a need for clarification. Since the international trade is increasing, more and more payments are made to receivers abroad. The trade with Germany is very important for Sweden. Therefore, it can be an advantage for Swedish tradesmen, who are involved in businesses with German tradesmen, to know of the differences between Swedish and German law, when it comes to payments and payment intermediation. Also, in international trade, situations can occur that generally do not occur in domestic trade. EC-law must as well be taken into consideration, when discussing international payment intermediation between Sweden and Germany. I have in the thesis described the German legal system, in general features, and I have also made a brief outline of the Swedish international private law regulations that can be applied to a payment intermediation between Sweden and Germany. I have furthermore given a brief description of the relevant EC- regulations and -directives, in order to see to what extent a harmonization has been made, regarding payments and payment intermediation. One of my conclusions, after having studied Swedish, German and international law, is that when the sender of a payment wants to execute a payment through the payment systems, he gives the sending bank a commission to transfer a certain amount to the receiver. In return, the sender denounces claims towards the bank, equivalent to that amount. The sending bank then gives the receiving bank a commission to credit the receiver’s account. In return, the receiving bank obtains compensation from the sending bank. The commission is final when the correct account has been credited with the correct amount at the correct time by the correct sender. I have further come to the conclusion that the receiver’s claim towards the receiving bank arises already when the receiving bank acquires the commission from the sending bank, and not when the receiver’s account is being credited. I have thoroughly studied payments and payment intermediation according to both Swedish and German law, in order to see whether there are any differences between the legal systems. I have concluded, that there is a major difference in determining at what point of time a payment has been made, and therefore also whether the sender is in delay with the payment or not. According to Swedish law, the point of time when the receiver’s account is being credited is decisive. According to German law, at first hand, the point of time when the sender gives the commission to the sending bank is decisive. Another important difference is which legal relations the participators have with each other. In Swedish law, this matter has not been closely discussed, while in German law, in harmony with EC-law, the matter has been thoroughly analysed. The legal relations, concerning a payment intermediation, are to be regarded separately. This implies that the sender does not have legal relations with any other participant in the payment intermediation, for instance the receiving bank. I find that this model also is applicable to Swedish conditions.

Dans la logique des procédures collectives, l'emploi des personnes ne permet pas la reconnaissance de l'emploi. La reconnaissance de l'emploi dans les procédures collectives suppose d'identifier la personne employeur, et la personne employée. Or, la différence de l’employeur et de l'employé n'entre pas dans la logique des procédures collectives. Au contraire, l’effet de la procédure collective sur la personne du débiteur induit la suppression de la communauté humaine de travail constituée par l'entreprise capitaliste. / No English summary available.

Institute of Right to Build in Czech and German Law The thesis deals with the topic of the institute of right to build in Czech and German law. The elementary aim of the thesis is to describe the legal institute of right to build, not only in the Czech legal system, but also in the German legal system. The right to build is an absolute property right with effect erga omnes. It belongs into a group of rights, which privileges one to use a thing of someone else. The statute declares the right to build to be real property. On the ground of the right to build arises the right of the builder to have a building on the surface or under the surface of the encumbered piece of land. The right to build is always limited through a set period of time, it should not be created for longer than 99 years. The typical features of the right to build are alienability and inheritability. The content of this thesis is divided into four chapters. The nature of right to build, as a right, which privileges one to use the thing of someone else, is described in the first chapter. There are also descriptions of the basic legal terms associated with the right to build. The chapter describes the terms 'building' and 'builder' as well as the principle of superficies solo cedit. The second chapter is dedicated to the history of...