Abstract
The article is the criticizing insight of the author, judge of the Luxembourg Tribunal, into the part of the draft new Civil Code regulating liability for damage. The author compares the proposed regulation with the regulation applicable in majority of the European states.
The author arrives at the conclusion that, inter alia, the draft of the new Civil Code fails to include in a sufficient degree new European legislative trends and proposals of European institutions. She reprimands to the draft regulation insufficient specification of terms, conception and scope of damage, basis for the liability and casual relationship; e.g. the draft does not know the institute of the “damage as such”.
The author refers to significant terminological and phrasing discontinuity which means an extraordinary onus for decision-making practice.