Tort Law In The Czech Republic
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| Author | : Lenka Dobešová |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 244 |
| Release | : 2023-04-20 |
| Genre | : Law |
| ISBN | : 9403547960 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the Czech Republic. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the Czech Republic. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
| Author | : Martin Procházka |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 114 |
| Release | : 2018-08-03 |
| Genre | : Law |
| ISBN | : 9403502029 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in the Czech Republic deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
| Author | : Benedict Winiger |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 1316 |
| Release | : 2018-01-22 |
| Genre | : Law |
| ISBN | : 311053567X |
The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
| Author | : Benedict Winiger |
| Publisher | : Walter de Gruyter |
| Total Pages | : 1218 |
| Release | : 2011-11-30 |
| Genre | : Law |
| ISBN | : 3110248492 |
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
| Author | : Ewa Bagińska |
| Publisher | : Springer |
| Total Pages | : 488 |
| Release | : 2015-10-20 |
| Genre | : Law |
| ISBN | : 3319189506 |
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
| Author | : Zvonimir Slakoper |
| Publisher | : Routledge |
| Total Pages | : 227 |
| Release | : 2021-08-16 |
| Genre | : Law |
| ISBN | : 1000415422 |
The Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.
| Author | : Marta Infantino |
| Publisher | : Cambridge University Press |
| Total Pages | : 786 |
| Release | : 2017-12-28 |
| Genre | : Law |
| ISBN | : 1108307876 |
Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.
| Author | : European Group on Tort Law |
| Publisher | : Springer |
| Total Pages | : 282 |
| Release | : 2009-09-02 |
| Genre | : Law |
| ISBN | : 9783211100103 |
The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.
| Author | : |
| Publisher | : |
| Total Pages | : 686 |
| Release | : 2005 |
| Genre | : Torts |
| ISBN | : 9781280612916 |
""The European Tort Law Yearbook"" provides a comprehensive overview of the latest developments in Tort Law in Europe. It contains reports on the developments in most EU Member States, including the new Member States the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia - as well as Norway and Switzerland. Furthermore, an overview of the developments in the field of EU law is provided. In conclusion, a comparative report reviews the essential aspects of all reports. The reports are written by scholars from the respective jurisdictions. Focusing on the year 2004.
| Author | : Helmut Koziol |
| Publisher | : Springer |
| Total Pages | : 674 |
| Release | : 2009-09-02 |
| Genre | : Law |
| ISBN | : 9783211100219 |
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on the developments in most EU Member States, including the new Member States the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia – as well as Norway and Switzerland. Furthermore, an overview of the developments in the field of EU law is provided. In conclusion, a comparative report reviews the essential aspects of all reports. The reports are written by scholars from the respective jurisdictions. Focusing on the year 2004, the authors critically report on important court decisions, present new legislation and provide a literature overview. In addition to the national reports, several essays on key topics in the field of tort law are included, most of which focus on questions of strict liability.
