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1

K NĚKTERÝM OTEVŘENÝM PROBLÉMŮM PRÁVNÍ ODPOVĚDNOSTI

100%
Bejček J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2019
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vol. 102
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issue 5
390 – 410
EN
The concept of legal responsibility is counted as one of the most unclear, controversial and rather confused topics both in Czech legal theory and in the legislature. The disunity has been substantially raised by the recent Czech Civil Code declaring so called positive content of „responsibility“ unlike former negatively perceived „liability“. Some scholars argue that Czech legislature and language (and consequently, Slovak ones as well) are not reasonably able to discern between these two aspects („responsibility“ and „liability“) at all. This article strongly disagrees with this thesis and offers some rather traditional solutions. It criticizes inconsistent use of legal terminology in the Czech Civil code having got in contradiction with the announced legally-ideological foundation and one of the allegedly principal changes in the re-codified Czech private law. The envisaged change of terminology tends to be more confusing than helpful. The attempt to solve the purported Czech problem by introducing new concept in polysemous terms is called into question. From the practical viewpoint, there are more important problems of legal responsibility than its „correct“ naming, anyway, e.g. the basic principle of responsibility (subjective, objective, composite – mixed), bearing the burden of proof, forseeability of damage, multiple damages, the extent of damages in context with new technologies etc. These questions deserve more attention than purely terminological disputes.
2

LEGAL CERTAINTY AND FORESEEABILITY OF COURT DECISIONS (Pravna istota a predvidatelnost sudnych rozhodnuti)

100%
Opett L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 4
317-326
EN
From the established judicial practice of the Constitutional Court of the Slovak Republic it follows that legitimate expectations of the parties to legal relations include the requirement for foreseeability of court decisions. A foreseeable court decision is partly a decision rendered in accordance with law, partly a decision made in accordance with previous valid court decisions. In the opinion of the Constitutional Court of the Slovak Republic an unreasonably different court decision in a similar case is constitutionally untenable and may constitute the reason for the cancellation of such decision. The obligation of the court to take into account the previous valid decisions in a similar case and to properly copy with them before the adoption of the legal opinion is not elaborated on and the rules of its observance will have to be specified for the purposes of judicial application of the law.
3

RETHINKING LATENT PUBLIC OPINION (A latens kozvelemeny ujragondolasa)

88%
Angelusz R.
Szociologiai Szemle (Sociological Review)
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2009
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vol. 19
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issue 4
7-24
EN
The study makes an attempt at rethinking and extending the notion of latent public opinion. According to this conception, in contemporary societies it does not suffice to restrict the concept of latent opinion to the bifurcation of private and public opinions on the one hand and the manifestation of so called hidden opinions on the other. The paper studies the concept of latent opinion from three aspects. Beside the secrecy of opinions it analyzes latency syndromes deriving from the restricted observability of audiences, respectively from the transformation of opinions to votes. In all these cases it is the lack of direct observability - visibility, surveyability and foreseeability - that plays an important role in the evolution of latency. The extension of the concept can refer not only to hidden opinions as intended but also to the unintended consequences of latency. Surveying the research experiences of forty years it seems certain that while before the change of system it was hidden opinions that existed much more widely, in our days it is the more difficult reachability of audiences and the transformation of opinions into votes that becomes the most important barrier of the observability of opinions.
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