Respective positions of fault-based and no-fault liability in private law in terms of mutual comparison
Abstract
The objective of the eighth chapter, titled "Respective positions of fault-based and no-fault liability in private law in terms of mutual comparison" is to explicate in general the notions of fault-based and no-fault liability and the differences between these two systems of liability. However, this question cannot be answered in isolation, just from the viewpoint of the Czech jurisprudence or Czech legislation, but rather especially with regard to foreign laws.
The latter, indeed, comprise a number of approaches to civil liability, which are then fully or at least partly applicable in Czech law, or can at least serve as a reference in this respect. Comparison is also desirable because the Czech legislature found inspiration especially in the German and Austrian laws, which thus provide a valuable source of opinions regarding interpretation and application.
Consequently, it also necessary to explain the concept of legal responsibility (liability) in these legal orders and in what way the provisions of the 200-year-old ABGB and more than 100-year-old BGB differ from the newer civil legislation, whether this means the civil codes in Italy, the Netherlands, Poland or Spain. At least a brief description of foreign laws enables to provide explanation and a response to the question of what type of liability predominates in the Czech laws, and what ensues from this fact for applicability of foreign laws in an attempt to comprehend and interpret the Czech legislation.