Life and health represent the most precious values of each human being. Unlawful encroachment upon these values, which can occur in the health care service, is connected with civil liability. Monetary compensation for immaterial damage has been a neglected legal institute for a long time under Czech law. It is divided into two systems now, a protection of personal rights and reimbursement of the damage. This legal area is not easily understandable to legal professionals, let alone to lay men. The purpose of this thesis is to analyze the up to date state of assessment of immaterial damage and to evaluate its pros and cons. It deals with the types of infridgement of personal rights which can occur in the health care service, and subsequently, it describes the systems under which the immaterial damage is reimbursed. Concurrently, I focus on the way of determination of the monetary compensation of the immaterial damage, the amount of monetary compensation actually awarded under Czech law and I evaluate adequacy of such compensation. This thesis is divided into four chapters. Chapter One provides theoretical grounds for the rest of the text, a specification of essential terms and definitions which shall be used in the text later. Chapter Two deals with one of the systems of compensation for immaterial...
Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:313863 |
Date | January 2012 |
Creators | Milatová, Michaela |
Contributors | Švestka, Jiří, 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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