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1

O TEÓRII ADEKVÁTNEJ PRÍČINNEJ SÚVISLOSTI

100%
Dulak A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2017
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vol. 100
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issue 6
558 – 575
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.
2

SÚKROMNOPRÁVNA AUTONÓMIA A JEJ LIMITY (INAUGURAČNÁ PREDNÁŠKA)

100%
Dulak A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2018
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vol. 101
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issue 1
3 – 26
EN
Private autonomy has been always considered as a significant indicator of the personal freedoms of an individual. It is the fundament of private law; any interference with the freedoms of an individual triggers a debate about the character and duty of law - not only of private law. To many, consumer protection in private legal relationships features a significant interference of the freedom of contract. This article performs an analysis of some of the big changes within private law, and, based on their substance, the author attempts to redefine the concept of private autonomy in the conditions of our current society.
3

PREMLČANIE PRI NÁHRADE ŠKODY SPÔSOBENEJ PORUŠENÍM SÚŤAŽNÉHO PRÁVA

63%
Dulak A., Dulaková Jakúbeková D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 5
357 – 371
EN
The EU Antitrust Damages Directive is intended to achieve greater harmonisation between private competition enforcement regimes across Member States, in pursuit of the expressed aim of the European Commission to encourage greater private enforcement of competition law. It is also intended to foster a complementary relationship between public and private enforcement. The Damages Directive introduced a minimum limitation period of five years for cartel damages claims. The Directive also includes a provision to suspend the limitation period during an investigation and any subsequent appeal process. Despite harmonisation efforts, some divergence will remain.
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