How is the fault of a statutory body different from the imputability of liability of a juristic person?
Abstract
The aim of the lecture was to explain the difference between the fault of a statutory body and the imputation of liability towards a juristic person. The starting point of the author is the assertion, that the juristic person does not have its own reason and will, it can not be held liable for its own culpable conduct. (See: BERAN, Karel.
Může být právnická osoby svéprávná? Právník, 2018, 157 (8), 657-669. ISSN 0231-6625.) From that reasons it is important to distinguish between the capacity to be a subject of responsibility on one hand and the capacity to impute wrongful conduct (the capacity to commit a wrong).However, being held responsible is possible not only with regard to its own culpable conduct, but also "objectively" based on the unlawful state of affaires.
The criteria for imputation of liability towards a juristic person and those attributed as a fault of their statutory body are different and must be distinguished.