KAUZÁLNY NEXUS V JUDIKATÚRE SR VO VZŤAHU K PROFESIJNEJ ZODPOVEDNOSTI

• Authors: Kristian Csach

Title variants

EN

Causal nexus in case-law of SR in relation to professional liability

• Languages of publication: SK

Abstracts

EN

The article focuses on the contemporary doctrine (doctrines) of causation within the system of contractual and tortious liability as applied by Slovak courts with a special regard to professional liability (liability of experts). On the background of an almost non-existent scholarly debate on conceptual framework issues of liability including a doctrine of causation, the author undertakes to find out whether Slovak courts tend – even while lacking a clearly formulated theory of causation – decide in concordance with the figures of modern causation theories (burden of proof, uncertain causation, hypothetical causation) or how they cope with still unsettled questions within the liability system of various European states (loss of chance, pure economic loss, etc.). This is done by analysing the merits and the reasoning of judgments of Slovak courts of all instances from the perspective of modern concepts of causation as developed by foreign legal science and case law. The author comes to the conclusion that the courts prefer a rather case-by-case approach without any (or almost any) insightful reasoning of why there is a causal link or why there is no causation. The lack of uniformity and divergences within the Slovak case law might be derived from the lack of scholarly developed theories of causation. Although the Slovak case law has not dealt directly with any of the figures of causation doctrine(s), it is possible to extrapolate hypothetical answers on some of these figures from the current Slovak case law.

Keywords

EN

CAUSATION; CONTRACTUAL LIABILITY; PROFESSIONAL LIABILITY; ECONOMIC LOSS; SLOVAK REPUBLIC; CASE LAW

• 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: 2014
• Volume: 97
• Issue: 5
• Pages: 431 – 443

Contributors

author

Kristian Csach

• Katedra obchodného práva a hospodárskeho práva, Právnická fakulta UPJŠ v Košiciach, Košice, Slovak Republic