The thesis deals with some selected problematic areas related to the creation and drawing provisions for mine damages connected with the relocation of utilities in the Hořanský corridor. It describes the specific nature of the activities carried out by mining organizations in relation to the owners of utilities.

The theses is dedicated to the methodology of patent infringement damages calculations in the American and Czech legal environment. The methodology is first defined in terms of the US legal framework. The main focus is devoted to the methods of determining the royalty rate, as the thesis describes the Goergia-Pacific factors analysis and also additional methods recommended by literature are taken into account. Based on the identification of the main differences between the American and Czech damages legislation, it analyzes an applicability of the American framework in the Czech Republic.

This thesis questions why young female and aboriginal plaintiffs consistently receive lower damage awards for loss of future earning capacity than young white male plaintiffs. I argue that due to the social construction of law, and specifically tort law, the dividing line between public and private law should be challenged. The effect of tort is partially "public" in nature due to the broad impact tort has on valuing the potential of individual plaintiffs. When damages for female and aboriginal plaintiffs are assessed on a reduced scale due to gender and race, a message is sent that the potential of these plaintiffs, and the potential of the groups to which they belong, is somehow less. Due to the "public" impacts of damages quantification, principles of equality derived from the Canadian Charter of Rights and Freedoms should be considered in the quantification process. I argue further, that the current practice of damages quantification has been the result of the court's over-reliance on "formalist" notions of tort law which has insulated the area from the social context of law. In addition, I suggest that the acceptance by courts of economic evidence, which is often reflective of discriminatory norms in the labour market and our society generally, has had the effect of de-valuing certain members of Canadian society; in particular women and aboriginal plaintiffs. I demonstrate this analysis through an examination of cases dealing with young, catastrophically injured, female and aboriginal plaintiffs. Finally, I suggest that, though an imperfect solution, currently the only equitable method of quantifying damages for loss of future earning capacity is to adopt white male earning tables for all young plaintiffs with no demonstrated earning history. / Law, Peter A. Allard School of / Graduate

The dissertation examines the enforcement of monetary claims in cases of intellectual property rights infringement. It focuses on the Act n. 221/2006 Sb. on the enforcement of intellectual property and on the directive 2004/48/EC of the European parliament and of the Council. The main aim is to evaluate the extent of monetary claims especially with regard on possible overlap or mutual consumption of the claims.The second aim is the analysis of English terminology in relation to the nearest Czech equivalents. The dissertation uses methods of logic induction and abstraction and the international multilateral comparative method, where the use of language plays a crucial role. The exact method of modelling combined with mathematical game theory is used. The dissertation progressively explains terms and relevant enactments. It introduces existing ambiguities. It tries to clarify them by analysing the EU legislation, the implementations in different member states, the statutory and common law in the USA. Consecutively it focuses on unjust enrichment in English law, then in the USA and in the continental system, where this institute is set negatively -- as the unjustified enrichment. Within the whole thesis the analysis takes place in relation to intellectual property rights infringement. In the penultimate chapter, TRIPS and ACTA are compared with the directive 2004/48/EC to provide further explanations. The dissertation concludes that a parallel award of damages and infringer's profits theoretically is possible, when it is not a single flow of value which is concerned by the infringement. The dissertation negatively replies to the question if damages and infringer's profits may be awarded concurrently in two separate lump-sum amounts according to § 5 (2) or (3) of the Act n. 221/2006 Sb. The reason is that the rate of the royalty is applied to sales of the infringer. These sales relate to the unjust enrichment of the infringer. If damages were again calculated by applying the same rate to the same sales, that would be double recovery. But theoretically this possibility cannot be excluded. A real-world example is very hard to find, even in the non-lump-sum form. Collateral sales awarded with lost profit in US law may serve as one. From the EU documents it seems, that infringer's profits is equalled to unjust enrichment and that is translated as unjustified enrichment. But English theory distinguishes restitution of unjust enrichment and gain-based recovery for wrong, the latter encompassing the award of infringer's profits in the form of damages. The broader Czech notion of unjustified enrichment is not to be equalled to unjust enrichment in the pure English notion, because the former encompasses also intentional wrongs. With regard to the restitution of infringer's profits based on unjust enrichment, the intent plays a role. The broader notion of unjust enrichment relevant to intellectual property rights infringement is called interceptive unjust enrichment, where enrichment "from the property of the plaintiff" is at stake and it is also possible to claim profits gained by the infringement. Focus is on the enrichment "from the property", not on the wrong. The dissertation examines the terms "account of profits", apportionment of profits", "disgorgement" and impure negotiorum gestio with regard to intellectual property infringement. In several countries reasonable royalty is regarded as good measure of net gain from the infringement of intellectual property. When the infringement was not innocent or wilful, it's possible to claim not only the objective enrichment but also the subjective enrichment -- profits of the infringer. In Czech law, that is represented by the emoluments from the enrichment. The aim of the last chapter is to evaluate, in the context of the operation of other relevant elements of legal environment, the preventive function of the double royalty claim introduced by the Act n. 221/2006 Sb. By construing a game theory model and using simulation, the thesis concludes that in lower royalty intervals, where attorney's costs are a high burden, the effect of the double royalty is insignificant. Where "more significant infringements" are at stake, and the royalty passes a given frontier, the application of the double royalty heightens the preventive function of the Act. Those "more significant infringements" have two intervals -- with the highest effect of the double royalty and with the "stabilized effect of the double royalty". But overall, in cases of "more significant infringements", the application of the double represents a heightening of the preventive power by a third and fifth respectively, and this is true only in the case, where the prospective infringers would try to calculate the effect of their infringement before infringing.

This article addresses the topic of civil wrongful acts that can cause tort liability. The author criticize the position that holds that wrongfulness is not an element of tort liability. In accordance with that position, not considering wrongfulness as an element of tort liability, it permits to consider that some “lawful acts” could cause tort liability. On the contrary, Espinoza consider those supposed “lawful acts” as examples of abuse of law so they are actually wrongful acts. / El presente artículo aborda el tema de los llamados actos ilícitos dañosos como supuestos de responsabilidad civil. El autor cuestiona la posición que niega que la antijuridicidad sea un elemento configurador de la misma. El autor cuestiona el argumento basado en que el no considerar la antijuridicidad permitiría el resarcimiento de los “actos lícitos dañosos”. Por el contrario, se sostiene en el presente artículo que dichos actos serían supuestos de abuso del derecho. Por tanto, tales actos serían considerados como actos ilícitos dañosos.

O presente trabalho se propõe a analisar as funções punitiva e a preventiva da responsabilidade civil, como mecanismos para coibir a reiteração de condutas lesivas dos fornecedores litigantes habituais, combatendo assim os danos de massa, a partir da aplicação do Código de Defesa do Consumidor. Propõe-se uma reflexão sobre como uma releitura do instituto da responsabilidade civil pode reorganizar as estruturas do mercado de consumo, e, a partir de indenizações que contemplassem os caracteres punitivo e preventivo da responsabilidade, reconduzir as condutas dos grandes fornecedores à observância da lei. / This study proposes to analyze the punitive and preventive functions of civil liability, as mechanisms to prevent the repetition of injurious conduct of habitual litigating suppliers, thus combating mass damages, through the application of the Code of Consumer Protection. It is proposed to reflect on how a re-reading of the institute of civil responsibility can reorganize the structures of the consumer market and, based on compensations that contemplate the punitive and preventive character of civil liability, to redirect the conduct of large suppliers to compliance with the law.

Liability of the employee for damage Abstract The content of this thesis is the issue of employee's liability for damage caused to employer. The topic of the thesis is constantly relevant, as it concerns a large number of people, because in the first quarter of 2020 more than four million employees were registered in the Czech Republic. The issue of employee's liability for damage, respectively its compensation is a very sensitive topic for employees, as compensation for damage, for example in the amount of several monthly incomes, is a significant intervention in the economic situation of almost every employee. In addition, the regulation of employee liability for damage, given its long- term strong protection of employees, can have an impact on the labor market, as employers are often exposed to the significant risk of damages they may demand from employees. As a result, employers may prefer other forms of cooperation than on the basis of an employment contract. The aim of the thesis was to give a clear and comprehensive interpretation of the institute of employee's liability for damage, to analyze this institute in detail and analyze the legal regulation of various types of employee's liability for damage in connection with selected relevant case law, and finally to provide partial proposals de lege...

Master’s thesis "Financial insolvency of the firm and methods of solution to this problem" deals with management of receivables. The first part describes tools which can be used for the management of receivables after maturity or prevention before this type of receivables. In the second part the work is focused on management of receivables in the company. In this section the current status of this area in the company is summarized and more types of debt collection are proposed. Finally, ideas for improvement of management of receivables are suggested, e.g. in the area of client communication by sales representatives. Recommendations are also made for tools usage, e.g. sale of bad debts of transfer of risk to other subject.

The cost of a road construction over its service life is a function of the design, quality of construction, maintenance strategies and maintenance operations. Unfortunately, designers often neglect a very important aspect which is the possibility to perform future maintenance activities. The focus is mainly on other aspects such as investment costs, traffic safety, aesthetic appearance, regional development and environmental effects. This licentiate thesis is a part of a Ph.D. project entitled “Road Design for lower maintenance costs” that aims to examine how the life-cycle costs can be optimized by selection of appropriate geometrical designs for the roads and their components. The result is expected to give a basis for a new method used in the road planning and design process using life-cycle cost analysis with particular emphasis on road maintenance. The project started with a review of literature with the intention to study conditions causing increased needs for road maintenance, the efforts made by the road authorities to satisfy those needs and the improvement potential by consideration of maintenance aspects during planning and design. An investigation was carried out to identify the problems which obstruct due consideration of maintenance aspects during the road planning and design process. This investigation focused mainly on the road planning and design process at the Swedish Road Administration. However, the road planning and design process in Denmark, Finland and Norway were also roughly evaluated to gain a broader knowledge about the research subject. The investigation was carried out in two phases: data collection and data analysis. Data was collected by semi-structured interviews with expert actors involved in planning, design and maintenance and by a review of design-related documents. Data analyses were carried out using a method called “Change Analysis”. This investigation revealed a complex combination of problems which result in inadequate consideration of maintenance aspects. Several urgent needs for changes to eliminate these problems were identified. Another study was carried out to develop a model for calculation of the repair costs for damages of different road barrier types and to analyse how factors such as road type, speed limits, barrier types, barrier placement, type of road section, alignment and seasonal effects affect the barrier damages and the associated repair costs. This study was carried out using a method called the “Case Study Research Method”. Data was collected from 1087 barrier repairs in two regional offices of the Swedish Road Administration, the Central Region and the Western Region. A table was established for both regions containing the repair cost per vehicle kilometre for different combinations of barrier types, road types and speed limits. This table can be used by the designers in the calculation of the life-cycle costs for different road barrier types.

Les facteurs endogènes et exogènes induisent diverses modifications chimiques et structurales dans l’ADN cellulaire et sont à l’origine de nombreuses erreurs lors de la réplication et de la division cellulaire. Elles sont souvent à l’origine de cancers et de maladies chroniques liées à l’âge. Les agents alkylants induisent des lésions complexes de l’ADN. Ils sont utilisés comme des outils efficaces dans les traitements par chimiothérapies. Les deux caractéristiques majeures des lésions complexes de l’ADN sont d’une part l’encombrement et d’autre part la présence de plus d’une modification dans un tour d’hélice. Les données biochimiques et génétiques montrent que l’élimination des dommages complexes de l’ADN nécessitent plusieurs voies de réparation distinctes. Les caractéristiques cliniques des maladies héréditaires caractérisées par des désordres de réparation de l’ADN, comme l’anémie de Fanconi et le syndrome de Cockayne, visent la nature complexe des lésions oxydatives endogène incluant les adduits encombrants et les pontages interbrins (PIBs). D’autre part, les effets biologiques sévères des agents ionisants, des traitements de chimiothérapie et des cancérigènes environnementaux sont impliqués dans la formation de cassures double brins, des PIBs et des adduits encombrants. Bien que ces derniers représentent une faible proportion des dommages de l’ADN induit par stress oxydatif et les agents chimiques dans les cellules, ils sont extrêmement cytotoxiques s’ils ne sont pas réparés. Par exemple, les cellules cancéreuses sont très sensibles aux PIBs et aux cassures double brins. Alors que la consommation de produits contenant de l’acide aristolochique (AA), qui génère des adduits encombrants dans l’ADN cellulaire, peut être à l’origine de neuropathies et a été associé à une cancérogénèse plus élevée que la fumée de cigarette. L’objectif majeur de ce projet est l’étude de la réparation des lésions complexes de l’ADN et leur implication dans le développement des cancers et leur thérapie. Dans cette présente étude, nous nous sommes intéressés aux mécanismes moléculaires de la réparation des PIBs et des adduits encombrants de l’ADN et leurs possibles rôles dans la chimio- et radiorésistance acquise. De plus, nous avons étudié le mécanisme moléculaire impliqué dans la mutagénèse induite par la réparation aberrante des adduits encombrants initiée par des ADN glycosylases de la voie BER dans des cellules bactériennes et de mammifères. Durant les trois années de thèse, (i) j’ai construit et caractérisé différents substrats d’ADN contenant diverses bases oxydées, des PIBs induits par le psoralène, des adduits encombrants aristolactame et des photoproduits issus des UV, (ii) j’ai purifié divers ADN glycosylases recombinantes (TDG, MBD4, NEIL1 et NEIL3), (iii) j’ai reconstruit in vitro la réparation des lésions de l’ADN et (iv) j’ai également étudié les interactions protéine-protéine et les modifications post-traductionnelles des protéines impliquées dans la réparation des PIBs générés par le cisplatine initiée par les ADN glycosylases NEIL1 et NEIL3. En combinant les différentes approches développées dans notre laboratoire, nous avons identifié et caractérisé des voies de réparation alternatives impliquées dans l’élimination des dommages complexes de l’ADN. Les résultats obtenus dans ce travail permettraient de comprendre la mécanistique du développement de certains cancers et à identifier les facteurs associés à la chimio- radiorésistance des cellules cancéreuses et par conséquent contribuer au développement de nouvelles préventions de stratégies thérapeutiques. / Endogenous and exogenous mutagenic factors induce variety of chemical and structural modifications in cellular DNA that are at the origin of errors that occur during DNA replication and cell division and often give rise to cancer and other age-related chronic diseases. Importantly, alkylating agents which induce complex DNA lesions are used as a powerful tool for anti-cancer chemotherapy. Two most important features of complex DNA lesions are their bulky character and presence of more than one modification within one turn of DNA helix. Genetic and biochemical data indicate that the elimination of complex DNA lesions requires several distinct DNA repair pathways. The clinical features of inherited human DNA repair deficient disorders such as Fanconi anemia and Cockayne syndrome point to complex nature of endogenous oxidative DNA damage which include bulky adducts and inter-strand DNA crosslinks (ICLs). On the other hand, severe biological effects of ionizing radiation, anticancer drugs and environmental carcinogens are correlated with formation of dirty DNA strand breaks, ICLs and bulky adducts. Although complex lesions typically constitute relatively small fraction of the total DNA damage induced by oxidative stress and drugs in cells, they are extremely cytotoxic if not repaired. For example, cancer cells are primarily very sensitive to ICLs and dirty DNA strand breaks. While, consumption of products containing aristolochic acid (AA), which generates bulky adenine DNA adducts in cellular DNA, can cause neuropathy and has been associated with higher risk of cancer than cigarette smoking. The major objective of the present project is to study the repair of complex DNA lesions and their implications in cancer development and therapy. Here, we investigated molecular mechanisms of the repair of ICLs and bulky DNA lesions and their possible role in the acquired chemo-resistance of cancer cells. In addition, we studied the molecular mechanism of mutagenesis induced by the aberrant DNA glycosylase-mediated BER towards bulky adducts in bacterial and mammalian cells. During three years of the project, I have (i) constructed and characterized DNA substrates containing various oxidized bases, psoralen-derived ICLs, bulky aristolactam-adenine adducts and UV photoproducts; (ii) purified several recombinant human DNA glycosylases (TDG, MBD4. NEIL1 and NEIL3); (iii) reconstituted in vitro the repair of complex DNA lesions; and finally (iv) studied the protein-protein interactions and post-translational protein modifications involved in the DNA glycosylases NEIL1 and NEIL3 initiated repair of cis-platinum induced ICLs. By combining the approaches developed in our laboratories we have identified and characterized alternative DNA repair pathways involved in the cellular processing of complex DNA damage. The results obtained in present work can provide mechanistic understanding of the development of certain cancer and lead to identification of the factors associated with the acquired chemo- and radio-resistance of tumour cells and therefore would contribute to development of new prevention and therapeutic strategies.