Protiprávní stav jako důvod vzniku objektivní odpovědnosti v českém soukromém právu

The aim of this paper is to answer the question of why we need an unlawful state of affairs as a ground for legal liability. At its core is a polemic with Filip Melzer’s view that “a certain state of affairs cannot, strictly speaking, be described as unlawful in itself, but only the conduct of the legal subject that led to that consequence or state of affairs”. Its starting point is not “strict liability”, as we understood it until the adoption of the Civil Code in 2012, but the German concept of liability for endangerment (Gefährdungshaftung), which is based not on an unlawful condition but on liability for an increase in risk. For these reasons, I will first address the question of how liability for damages, as we have known and understood it under the 1964 Civil Code, differs from the obligation to compensate for damages, which is enshrined in the current and effective Civil Code. I then consider why we need “unlawfulness” (wrongfulness) to distinguish an unfortunate coincidence from an unlawful state of affairs, and why we do not merely distinguish legal events from unlawful states of affairs. Finally, I consider the concept of liability for endangerment (Gefährdungshaftung) itself and its weaknesses.

Authors

Publication Details

Journal
AUC IURIDICA
Published
2024-11-28
DOI
https://doi.org/10.14712/23366478.2024.160
Citations
1
Primary Topic
Diverse Legal and Medical Studies
Type
article
Field-Weighted Citation Impact
0.55
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Protiprávní stav jako důvod vzniku objektivní odpovědnosti v českém soukromém právu

Karel Beran
1 citations
AUC IURIDICA
Diverse Legal and Medical Studies
0.55
article

Protiprávní stav jako důvod vzniku objektivní odpovědnosti v českém soukromém právu

Karel Beran
article en
1 citations

Abstract

The aim of this paper is to answer the question of why we need an unlawful state of affairs as a ground for legal liability. At its core is a polemic with Filip Melzer’s view that “a certain state of affairs cannot, strictly speaking, be described as unlawful in itself, but only the conduct of the legal subject that led to that consequence or state of affairs”. Its starting point is not “strict liability”, as we understood it until the adoption of the Civil Code in 2012, but the German concept of liability for endangerment (Gefährdungshaftung), which is based not on an unlawful condition but on liability for an increase in risk. For these reasons, I will first address the question of how liability for damages, as we have known and understood it under the 1964 Civil Code, differs from the obligation to compensate for damages, which is enshrined in the current and effective Civil Code. I then consider why we need “unlawfulness” (wrongfulness) to distinguish an unfortunate coincidence from an unlawful state of affairs, and why we do not merely distinguish legal events from unlawful states of affairs. Finally, I consider the concept of liability for endangerment (Gefährdungshaftung) itself and its weaknesses.

AUC IURIDICAVol. 70(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 20%
Diverse Legal and Medical Studies
0.55
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Protiprávní stav jako důvod vzniku objektivní odpovědnosti v českém soukromém právu — Karel Beran · AUC IURIDICA (2024) | TGRS Research Map | TGRS