|
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).
|
