Tort law at Czech Republic
Tort law in the Czech Republic is primarily governed by the Civil Code (Act No. 89/2012 Coll.), which came into effect on 1 January 2014. This modernized legislation introduced significant reforms to liability and damage compensation, aligning with European standards and enhancing the protection of injured parties.
⚖️ Core Principles of Tort Law in the Czech Republic
1. Bases of Liability
The Civil Code establishes three primary grounds for liability:
Breach of Statutory Duty: Liability arises when an individual violates a legal obligation, such as traffic laws or environmental regulations.
Breach of Contractual Duty: Parties may be held liable for damages resulting from non-performance or improper performance of contractual obligations.
Breach of Good Morals: Liability can be imposed for actions that contravene accepted ethical standards, even in the absence of a direct legal violation.
Notably, liability for breach of contract is generally strict, meaning fault is not required, whereas liability for breach of statutory duty or good morals typically necessitates fault.
2. Definition of Damage
The Civil Code adopts a broad definition of "damage," encompassing:
Material Harm: Loss or reduction of assets, including both actual damage and lost profits.(Academia)
Immaterial Harm: Non-pecuniary damage, such as harm to reputation or emotional distress, which is compensable only if explicitly provided by law or agreed upon by the parties.
Additionally, the Code recognizes that the creation of a debt due to another's wrongful act constitutes damage, allowing for compensation even if the injured party has not yet paid the debt.
3. Causation and Foreseeability
A claimant must establish a causal link between the defendant's conduct and the damage suffered. While the Civil Code does not explicitly mandate foreseeability, Czech jurisprudence suggests that a defendant is liable only for damage that was foreseeable at the time of the act.
4. Compensation for Damage
The primary remedy is restitution to the original state. If this is not possible or insufficient, monetary compensation is provided. The amount is typically determined based on the market value at the time the damage occurred, including all reasonable expenses incurred by the injured party to restore the situation.
5. Limitation of Liability
The Civil Code allows for the limitation or exclusion of liability in contracts. However, such limitations are not enforceable in cases of intentional harm, gross negligence, or personal injury. Additionally, the weaker party's interests must be considered, and any waiver of liability must not contravene public policy.
🧾 Statute of Limitations
The Civil Code stipulates the following limitation periods for damage claims:
General Claims: 10 years from the date the damage occurred.
Intentional Harm: 15 years from the date the damage occurred.
Product Liability: 10 years from the date the defective product was placed on the market.
Claims for harm to life or bodily integrity have no statutory limitation period.
🏛️ Judicial Oversight and Enforcement
The Czech judiciary enforces tort claims through its civil courts. The Constitutional Court has reinforced the principle that compensation should cover all reasonable expenses incurred by the injured party, including the depreciation in value of damaged property.
📚 Further Reading
For a comprehensive understanding of tort law in the Czech Republic, consider the following resources:
Civil Code (Act No. 89/2012 Coll.): The primary legislation governing torts and obligations.
"The Borderlines of Tort Law" by Luboš Tichý: An academic analysis of the interplay between tort and contract law in the Czech context.
"Compensation for Damage under the NCC" by Kučera & Associates: An overview of the changes introduced by the new Civil Code regarding damage compensation.
RELATED Blog
0 comments