Právny obzor

6

Ročník 105

2022

 

 
T E O R E T I C K Ý  Č A S O P I S  P R E  O T Á Z K Y  Š T Á T U  A  P R Á V A

DULAK, A.: About the theory of adequacy cause.

Právny obzor, 100, 2017, č. 6, s. 558 – 575.

Abstract. About the theory of adequacy cause. The existence of a casual relationship between an unlawful conduct and a damage is the prerequisite for establishing a responsibility for damage. The legal regulation of today does not define what is to be understood as “causing“ damage, and leaves the interpretation of this term to judicial practice. The practice of the courts defined many rules for determining and proving causal relationships, that, among other things, emphasize that the relationships between unlawful conduct and the consequences of such must be direct (immediate), and that the causal relationship must be “safely proved“. Several more recent rulings of the Slovak judicial practice have, however, claimed that a casual relationship exists if the damage arises as an adequate (emphasized by the author) consequence of unlawful conduct. Some rulings even refer to the theory of adequate relationships. Since these rulings fail to mention what exactly in their cases decided about the ‘adequateness’ of causality, and since they do not include references to theoretical sources, their argumentation is, to a considerable extent, shallow and unconvincing. The theory of adequate causal relationships poses a concept that has been worked on generously, and one that is accepted to judge legal causality. Although it hasn’t gained much support in the legal climate of the Slovak Republic, one cannot overlook it traditional utility during the process of defining and deciding about the duty to compensate for caused damage.

Key words: liability for damage, causal link, theory of condition, theory of adequate causation

ISSN 2729-9228
(online)

ISSN 0032-6984
(print)

THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.

Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).

 

Redakcia | Editorial Office

Redakcia časopisu Právny obzor
Klemensova 19
813 64 Bratislava

Tel.: (+421) (2) 52 962 325
E-mail: usappo@savba.sk
Web: www.usap.sav.sk

Vydavateľ | Publisher

Ústav štátu a práva SAV, v.v.i.
Klemensova 19
813 64 Bratislava

Tel.: (+421) (2) 52 961 833
E-mail: usapsekr@savba.sk
Web: www.usap.sav.sk

Distribútor | Distributor

Wolters Kluwer s.r.o.
Mlynské Nivy 48
821 09 Bratislava

Tel.: (+421) 910 911 256
E-mail: jana.skypalova@wolterskluwer.sk
Web: www.wolterskluwer.sk

 
 

Copyright © 2000 - 2022 Ústav štátu a práva SAV. All rights reserved.Design by Mgr. Peter Krákorník - AKRONET