O TEÓRII ADEKVÁTNEJ PRÍČINNEJ SÚVISLOSTI

• Authors: Dulak Anton

Title variants

EN

On the theory of adequacy cause

• Languages of publication: SK

Abstracts

EN

The existence of the causal relationship between an unlawful conduct and a damage is the prerequisite for establishing a responsibility for damage. The legal regulation of today does not define what is to be understood as “causing“ damage, and leaves the interpretation of this term to judicial practice. The practice of the courts defined many rules for determining and proving causal relationships, that, among other things, emphasize that the relationships between unlawful conduct and the consequences of such must be direct (immediate), and that the causal relationship must be “safely proved“. Several more recent rulings of the Slovak judicial practice have, however, claimed that a causal relationship exists if the damage arises as an adequate (emphasized by the author) consequence of unlawful conduct. Some rulings even refer to the theory of adequate relationships. Since these rulings fail to mention what exactly in their cases decided about the ‘adequateness’ of causality, and since they do not include references to theoretical sources, their argumentation is, to a considerable extent, shallow and unconvincing. The theory of adequate causal relationships poses a concept that has been worked on generously, and one that is accepted to judge legal causality. Although it hasn’t gained much support in the legal climate of the Slovak Republic, one cannot overlook it traditional utility during the process of defining and deciding about the duty to compensate for caused damage.

Keywords

EN

CAUSAL THEORY; THEORY OF CONDITION; ADEQUATE CAUSATION

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2017
• Volume: 100
• Issue: 6
• Pages: 558 – 575

Contributors

author

Dulak Anton

• Fakulta práva Janka Jesenského, Vysoká škola Danubius, Sládkovičovo, Slovak Republic