In this article author takes a critical view on the proposal of new Czech civil code and examines in particular the concept of damage. He proceeds to an analysis of proposed regulation in view of the Principles of European Tort Law (PETL) and points out the existence of certain anomalies as for the non-inclusion of immaterial harm into the general concept of damage. The author is also trying to find the arguments in foreign law systems (France, Québec, Germany and Austria)