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K některým otevřeným problémům právní
odpovědnosti
On some open issues of
legal responsibity
Prof. JUDr. Josef Bejček,
CSc., Faculty of Law at Masaryk University, Czech republic
Právny obzor, Volume 102, 2019,
No. 5,
pp. 390 – 410.
Published online: 31.8.2021
Abstract. The concept of
legal responsibiltiy is counted as one of the most unclear, controversial and
rather confused topics both in Czech legal theory and in the legislature. The
disunity has been substantially raised by the recent Czech Civil Ccode declaring
so called positive content of „responsibility“ unlike former negatively
percieved „liabilty“. Some scholars argue that Czech legislature and language
(and consequently, Slovak ones as well) are not reasonably able to discern
between these two aspects („responsibility“ and „liability“) at all. This
article strongly disagrees with this thesis and offers some rather traditional
solutions. It criticizes inconsistent use of legal terminology in the Czech
Civil code having got in contradiction with the announced legally-ideological
foundation and one of the allegedly principal changes in the recodified Czech
private law. The envisaged change of terminology tends to be more confusing than
helpful. The attempt to solve the purported Czech problem by introducing new
concept in polysemous terms is called into question. From the practical
viewpoint, there are more important problems of legal responsibility than its „correct“
naming, anyway, e.g. the basic principle of responsibility (subjective,
objective, composite – mixed), bearing the burden of proof, forseeability of
damage, multiple damages, the extent of damages in context with new technologies
etc. These questions deserve more attention than purely terminological disputes.
Key words: responsibilty;
liability; legal terminology; fundamental principle of liability; burden of
proof; foreseeability; multiple damages; extent of damages
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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).
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