Abstract
Prevention is a part of existing tort law. This paper addresses prevention in tort law, but in slightly different way, than in which its phenomenon is conventionally addressed.
It aims to prove that prevention has specific features and thus constitute different aim and content then the prevention traditionally understood within the law. This is the case of the so-called prevention in a narrow sense which concerns situations of emergency of peril to a third person, somebody else property of public asset, lacking any tradition to a potential rescuer.
This kind of prevention has been introduced by a new Czech Civil Code in § 2901. In this provision Czech legislator established a special preventive duty.
The violation of this duty leads to a special preventive liability with the consequences of secondary duty of damages. First task of this paper is to analyse this new rule.
The second task is to find out justification of preventive liability. A sanctioned preventive duty means restrictions of human behaviour and hence strengthening of rectify function of tort law.