Glossary I: Compensation under the Crisis Act from a private point of view - what about the unlawfulness?
Abstract
Considering whether, to what extent and what damages can be compensated as a result of measures taken in connection with the Covid 19 pandemic pursuant to Act No. 240/2000 Coll., On Crisis Management and on Amendments to Certain Acts (hereinafter the "Crisis Act"), it is appropriate focus on individual assumptions of the obligation to pay damages or harm as required by private law. Because only by fulfilling them can compensation be considered.
Each individual presumption (unlawfulness, damage, causation) has, of course, its abstract theoretical definition, which in some aspects can be modified by the specific will of the legislator manifested in special laws. In this gloss, we will focus on the definition of "unlawfulness", which (in some form) is fundamentally at the birth of every civil tort.