Abstract
The chapter 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.
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 chapter critically reviews the classification of Josef Macur.
The chapter 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.