Damages for personal injury The diploma thesis focuses on the analysis and evaluation of the recodified legal regulation on damages for non-pecuniary loss arising from personal injury in the light of its comparison with the relevant English common law. On the background of the historical evolution of the method for assessing the amount of damages for non-pecuniary loss arising from personal injury, as well as through the comparison of Metodika Nejvyššího soudu k náhradě nemajetkové újmy při ublížení na zdraví (bolest a ztížení společenského uplatnění podle § 2958 občanského zákoníku) with Guidelines for the Assessment of General Damages in Personal Injury Cases, the diploma thesis arrives at a conclusion in favour of the development and application of the former, which it deems to have been a suitably chosen pre-emptive measure that would allow Czech legal practice to approach damages for non-pecuniary loss arising from personal injury in a consistent and proportionate fashion right from the moment of the coming into effect of Act No. 89/2012 Coll., the Civil Code, without having to overcome a period of relative legal uncertainty, during which standardised amounts of damages would have been developed through judicial practice, as was the case in the English common law. As regards the...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:333514 |
| Date | January 2015 |
| Creators | Molnár, Peter |
| Contributors | Šustek, Petr, Salač, Josef |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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