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1

NÁHRADA ŠKODY PRI STRATE MOŽNOSTI UŽÍVAŤ VEC

100%
Hlušák M.
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 1
13 – 28
EN
The article deals with the claim of the owner of the damaged thing for compensation for loss of the possibility to use such a thing. It focuses mainly on cases where the owner does not spend any money on the substitute thing during the repair. For example, if the owner of the damaged car does not rent a replacement vehicle, nor does she use taxis or public transport, but instead she walks or uses he bicycle. In such cases, the question arises as to whether such a loss of the possibility to use the thing is pecuniary harm, i.e., the damage to be compensated. The author concludes that this question should be answered in the negative. However, according to the author, this does not mean that in such cases the owner of the damaged thing should not be entitled to any compensation. In particular, the claim for reimbursement of frustrated expenses would be appropriate.
2

VNÚTROŠTÁTNY REŽIM ZODPOVEDNOSTI NÁRODNEJ CENTRÁLNEJ BANKY ZA ŠKODU SPÔSOBENÚ PRI VÝKONE VEREJNEJ MOCI

88%
Čunderlík Ľ., Baco D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2025
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vol. 108
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issue 1
52– 73
EN
The authors examine the roots of the current act (of 2003) establishing the strict liability of public authorities in general. The current Slovak act on liability of public authorities for damages is largely based on Czechoslovak federal act (of 1969), only distinguishing the role of territorial self-administration bodies on municipal and regional level. Such an extent of overlap between the two acts allowed the authors to discuss professor Luby’s theoretical contribution to the concept of strict liability of public authorities in his monograph of 1971. The authors further discuss a recent judgment of the Court of Justice of the EU (CJ EU) in case C-45/21 Banka Slovenije. The liability regime of the Slovenian national central bank was based on the elements of „serious breach“ and „due care“. This liability regime was then tested before the CJ EU vis-à-vis the concepts of monetary financing prohibition (Article 123 TFEU and corresponding Article 21.1 of the ESCB/ECB Statute) and national central banks‘ financial independence (Article 130 TFEU and corresponding Article 7 of the ESCB/ ECB Statute). The authors are of the view that, if the Slovenian legislation based on the elements of „serious breach“ and „due care“ basically passed the CJ EU scrutiny as regards both specific national central banks related concepts of monetary financing prohibition and financial independence, the liability regime of Slovak national central bank could be less successful in passing such a scrutiny. Finally, authors also discuss Slovak constitutional court’s decision of 2017 on the nature of supervision which also supports a move from the strict liability regime of the national central bank to a more relative concept.
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