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DELIKTNÁ ZODPOVEDNOSŤ ZA ŠKODU V OBCHODNOM ZÁKONNÍKU (§ 757 NERIEŠENÉ PROBLÉMY)

100%
Ovečková O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
|
vol. 103
|
issue 6
419 – 439
EN
The article deals with application issues of the provision of Section 757 of the Commercial Code and possibilities of their solution. It focuses on two issues in particular. In the first place, it addresses the issue of double treatment of delictual liability in commercial law. It is derived from the explicit provision of Section 757 of the Commercial Code, which orders that contractual liability for damage, regulated in the Commercial Code should be applied to liability for damage caused by violation of obligations laid down exclusively in the Commercial Code. In cases of violation of an obligation imposed to an undertaking by another law, which does not explicitly refer to the use of the Commercial Code, it is understood that legal regulation of liability for damage of the Commercial Code will be applied. It causes undesirable dichotomy of delictual liability for damage in commercial relations, namely liability for fault and objective liability with the option of liberation. The second issue is the de lege lata option of application of foreseeability of damage in the framework of delictual liability designed on an objective basis.
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