Abstract
As it is apparent from the title of my paper - it looks at the theoretical conception of civil liability. The new private law, and the new Civil Code is by design discontinuous with the former civil code and it explicitly disagrees with the so-called "primitive materialist conception of civil liability".
This materialist conception is rooted in the former communist understanding of private law and has been typical of our legal system since 1950's. First I will explain key aspects of communist conception of liability and its theoretical underpinnings.
Then I will display the core elements of the Western bloc's position and I will contrast it with the Eastern viewpoint. This will help me to show what the foundations of civil liability that we want to abandon are.
FInally I will identify the foundations of civil liability under the new Czech Civil Code.