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Tort protection of claims under Czech law - a sketch

Publication at Faculty of Law |
2022

Abstract

The basic purpose of the contribution is to justify the complementary protection of the victim by interfering with his claim. Since it is a right to the claim and not to the content of the claim, its owner uses protection similar to that of the holder of a property right.

Tort law protection is provided according to the basic facts in § 2910 first sentence of the Civil Code, if the wrongdoer interfered with this right by at least grossly negligent behavior. This protection is more efficient compared to the protection based on contractual liability, under certain circumstances.

These can mainly consist in a significantly simpler way of proving the responsibility, which can be a contractual party in addition to a third party. This solution is practical especially in some cases where the claim is easily identifiable by wrongdoer.