Unsatisfactory solution to contractual liability for damage in the Civil Code (plaidoyer for foreseeability of damage)

Abstract

The study criticizes the law which in Civil Code sets for the strict liability for a damage as a consequence of it's violation of contractual duties. This contradicts a solution of majority of legal orders since it is too strict vis a vis the debtor.

Therefore the author recommends to introduce the duty of foreseeability of a damage for the creditor which would limit the liability of the debtor.

Keywords

• Strict contractual liability
• damage
• foreseeability of damage
• unsatisfactory solution
• need of introduction of foreseeability into Czech law
• limitation of liability of the debtor