Publication at Faculty of Law |
2012
Abstract
The article deals with the conceptual solution of legal liability in the proposed new Czech Civil Code (the NOZ). The introduction summarizes the current discussion on possible conceptual approaches (punitive theory, theory of active responsibility, the German concept of "Schuld und Haftung" and others).
The article further argues with the declared radical conceptual change, as mentioned in the explanatory memorandum to the NOZ. A detailed analysis of the various relevant articles of the NOZ is followed by a conclusion that the institute of legal liability does not have a clear conceptual solution in the NOZ.