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...

Thesis (Ph. D.)--Ohio State University, 1983. / Includes vita. Includes bibliographical references (leaves 212-219). Available online via OhioLINK's ETD Center.

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...

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A modern society is often characterized by a large measure of welfare that all citizens take part of to a greater or lesser extent. Welfare can be defined as the social rights and benefits enjoyed by the habitants of a country. In Sweden, the social safety net is well developed and offers financial compensation in several situations and the individual can safely rely on the social safety net. In addition, legislations and insurances have been developed to offer protection to the habitants in special deserving cases. For example, when a person gets injured at the work-place or in traffic there are insurances that allow compensation regardless of any negligence, so called culpa. The insurance form is called no fault insurances. In addition, there is tort law that is applicable on all non-contractual damages. Tort law, private insurance law, insurances due to collective bargaining, public insurances covering occupation as well as different areas of the social security system are all connected in a vast and complex structure. The main purpose of the essay is to analyze the interdependence between the different compensation systems and to examine the differences that the no fault insurances concerning work related injuries and injuries due to traffic shows between them but also in comparison with tort law regarding for example compensation and the possibility to appeal a “wrongfully” made decision. The first part of the essay will provide a historical background to the development of the no fault insurances, especially regarding occupational damage and accidents in traffic, and focus on the relation between the different compensation systems - the Swedish model. Further on the motives to the regulations will be examined, followed by cases illustrating the actual application and specialness of the regulations. Analyzes and conclusions will be found in the different chapters of the essay, and they will be put together in a final chapter.

The diploma thesis deals with the issue of damage and non-material damage caused by work accidents. The first chapter describes the basic concept of legal liability and main functions of the employer's liability for damage caused to employees. The second chapter focuses on the basic assumptions, fulfilment of which creates an obligation for the employer to compensate employees for damage and non-material damage. It also describes the work accident as a legal term and discusses specific situations such as a heart-attack, a work injury during team-building or a work injury during a business trip using interpretation based, in particular, on a review of Czech case law. The employer is not always obliged to compensate employees for damage and non-material damage. Situations in which the employer is released from the obligation to pay damages and non-material damage are described at the end of the second chapter. These situations include violation of legal regulations or instructions, drunkenness or misuse of addictive substances and, last but not least, reckless behaviour of an employee. The third part which is the core of the thesis, deals with individual types and scopes of compensations, namely compensation for loss of earnings, material damage and purposefully spent treatment costs. A particular...

Civil liability for bodily injury in the provision of health services. The purpose of the present thesis is to analyse the issue of civil liability for bodily injury in the provision of health services. This issue is very topical, especially due to the adoption of new private law, which is presented in this work. The new legislation is evaluated and the problems that have occurred or might occur are defined. In addition the legislation of important institutes is compared with previous regulation. The thesis is composed of eight chapters, each of them dealing with different aspects of civil liability. Chapter one defines basic terminology used in the thesis. The next chapter presents the sources of law. Attention is paid to complex relationship between the Civil Code and the Law on Health Services, and also to a new type of contracts established by the Civil Code - agreement on health care. Chapter three mentions the basic relationship of medical law - the relationship between a doctor and a patient, including the reasons for its creation. The transformation from a paternalistic model to a partnership model is also highlighted. Chapters four and five are concerned with civil liability. At first the liability is defined in general, and subsequently individual facts relating to the provision of health...

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...