Back to Search Start Over

Nerovná subjektivní odpovědnost.

Authors :
JANEČEK, VÁCLAV
Source :
Jurisprudence (1802-3843); 2016, Issue 5, p15-21, 7p
Publication Year :
2016

Abstract

According to the prevailing view the conditions of fault-based liability of a natural person are basically the same as those of a legal entity (juristic person/corporation). In this article the author, however, arrives at a contrary conclusion. By looking at the theoretical underpinnings of the current statutory civil law he concludes that the Civil Code gives rise to an, in principle, unequal liability for fault. The scope of liability differs between the two types of person (natural and juristic) because, according to the Civil Code, any juristic person cannot have its own will nor intellect. Despite this fact, the fictional legal entity can still be negligent, which then substantially affects the scope of its liability. [ABSTRACT FROM AUTHOR]

Details

Language :
Czech
ISSN :
18023843
Issue :
5
Database :
Complementary Index
Journal :
Jurisprudence (1802-3843)
Publication Type :
Academic Journal
Accession number :
120820557