Abstract
The article deals with the different conceptual theoretical solutions of legal liability from the recent point of view. It mainly analyses the theory of active responsibility and the punitive theory, but deals with the German concept of "Schuld und Haftung" or the theories based on the compensation too.
In the opinion of the author it is necessary to reopen the debate on this topic because of the recodification of the private law of the Czech Republic and because of the long period of time since the last extensive scientific analysis was written. Unclear definition of the institution of the legal liability brings complications in the debate on individual partial institutes that operate with this term.
Therefore the article critically reviews the classification of Josef Macur. The paper mentions the concept of legal liability in the new Czech civil code as well as the Principles of European Tort Law (PETL).
The goal of the study is to suggest a new classification of the concepts of the legal liability in accordance with the recodification of the Czech civil law and the international context.