Damages for Breach of Contractual and Non-Contractual Duty in Civil Law - Abstract The thesis at hand deals with liability for non-performance of a contract and liability in tort. The new Civil Code abandoned the general rule of Sec. 420 of Act No. 40/1964 Coll., which did not distinguish between contractual and non-contractual liability. The new Civil Code thus provides for two different liability regimes depending on whether the wrongdoer and the victim entered into a contract (or similar obligation) or not. While liability in tort is governed by Sec. 2909 and 2910 CC, contractual liability is stipulated in Sec. 2913 CC. The thesis strives to examine this important change in its complexity when emphasis in being put onto the theoretical, comparative and historical context. Firstly, the thesis provides for the basic theoretical background of liability in civil law and looks at the foundations of its division into contract and tort. The author further dives into the topic from a comparative perspective. Given the inspirational sources of the Czech Civil Code, the thesis focuses mainly on German and Austrian approach. The thesis also gives a brief summary of the historical development in the Czech civil law. The main part of the thesis focuses on the relevant provisions, their relationship and conditions for...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:446327 |
| Date | January 2020 |
| Creators | Janoušková, Anežka |
| Contributors | Dvořák, Jan, Elischer, David, Petrov, Jan |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/doctoralThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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