The aim of this thesis is to provide an insight into the topic of causation in law and to acquaint its reader with the common methods of proving the causation before courts. Among the most used methods such as the 'but for' test, this paper focuses on specific aspects of this topic which were introduced to the Czech legal system together with the adoption of the Civil Code 2014. The thesis also includes description and analysis of alternatively used methods of proving 'multiple causation' cases such as the theory of 'loss of chance' and 'pure economic loss'. Among this analysis the comparison between Czech and British legal system is used extensively. The core of this thesis is the effort to confirm or to refute the hypothesis that despite the Czech legal system does not officially recognize distinction between 'factual causation' and 'legal causation' as it is done in the British legal system, methods from both categories are actively used by Czech courts. This paper also aims to analyze whether, due to the fact that recognition between 'factual causation' and 'legal causation' is not explicitly expressed in the Czech legal system, does exist any negative or positive impact on judicial decisions. The last goal of this thesis is to demonstrate whether, similarly as in the British law, the significant number...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:351745 |
| Date | January 2015 |
| Creators | Smička, Martin |
| Contributors | Šustek, Petr, Hendrychová, Michaela |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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