Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 1

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  COMPENSATION FOR DAMAGE
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

PRÁVNÍ ODPOVĚDNOST A JEJÍ SOUČASNÉ VÝVOJOVÉ TENDENCE S PŘIHLÉDNUTÍM KE ZVLÁŠTNOSTEM ČESKÉHO PRÁVA

100%
Pelikánová I.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 6
549 – 566
EN
The article defines the term “liability” in the interbranch scope and then focuses on the issue of compensation for damage. It refers to development trends in this area of law. It deals with conditions that must be fulfilled for the rise of liability, their overlapping and with issues of indirect liability and scope of compensation for damage. Indirect liability comprises a large number of legally very different situations. From the commercial viewpoint, the liability of members of bodies of companies is very important. The new Civil Code, which significantly changes the existing situation, is analysed from this aspect. The new legislation among others lacks the general essence of this liability. The article deals also with the scope of compensation, especially for non-economic injury. The narrow definition of damage excludes the non-economic injury from its scope. This significantly complicates its whole legal regime, where compensation for non-economic injury is an exception from rule ether than a general rule. The new Civil Code does not distinguish compensation for damage “as such”. The article concludes that the new Civil Code brings some positive elements, but its provisions are very non-transparent, lacks a clear conceptual structure and will force the application practice to exacting interpretation.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.