Charles Explorer logo
🇬🇧

To the tort law protection of a claim in the Czech law

Publication at Faculty of Law |
2023

Abstract

The article presents the concept of a tort claim as a complementary protective instrument to its contractual protection. It argues that the claim can be protected according to the general clause § 2910 sentence one and undoubtedly also according to § 2910 sentence two and § 2909 of the Civil Code.

The protection of a claim applies not only to the creditor's external legal relationship, i.e. protection against third parties, but also to the creditor's internal relationship with the debtor, in the event that these persons interfere with the creditor's right intentionally or at least with gross negligence.