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Implementation of the neminem laedere principle in civil law
Kubištová, Zuzana ; Hendrychová, Michaela (advisor) ; Dvořák, Jan (referee)
The "Neminem Laedere" principle is one of the essential private law's principles. The statement "not to harm anyone" imposes to everyone to conduct him or herself in such a manner, in order not to inflict damage, not to contribute to the damage inception, and not to contribute to the damage escalation in the situation, when the damage is already caused. We can deduce, that this duty is not related just to the damage causing, but also to the causing of danger of possible damage. When the damage is already caused the principle means the statement to give the full compensation. Regarding to the central status of the Civil Code (Code nr. 40/1964) for the whole private law sector, I target my work at the implementation of the principle within the codification. The focal point of the "Neminem Laedere" principle implementation is part 6 of Civil Code - "The liability for the damage and for unjust enrichment". The function of this legal regulation is preventative-educational (it should influence the civil relations subjects to avoid the damage and not to cause it) and reparation-satisfaction (it should define the obligatory/beneficiary subject for the compensation of the damage and also define the manner, form and measure of the damage), but not the sanction. The "Neminem Laedere" principle acts in three levels in...
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Implementation of the neminem laedere principle in civil law
Kubištová, Zuzana ; Hendrychová, Michaela (advisor) ; Dvořák, Jan (referee)
The "Neminem Laedere" principle is one of the essential private law's principles. The statement "not to harm anyone" imposes to everyone to conduct him or herself in such a manner, in order not to inflict damage, not to contribute to the damage inception, and not to contribute to the damage escalation in the situation, when the damage is already caused. We can deduce, that this duty is not related just to the damage causing, but also to the causing of danger of possible damage. When the damage is already caused the principle means the statement to give the full compensation. Regarding to the central status of the Civil Code (Code nr. 40/1964) for the whole private law sector, I target my work at the implementation of the principle within the codification. The focal point of the "Neminem Laedere" principle implementation is part 6 of Civil Code - "The liability for the damage and for unjust enrichment". The function of this legal regulation is preventative-educational (it should influence the civil relations subjects to avoid the damage and not to cause it) and reparation-satisfaction (it should define the obligatory/beneficiary subject for the compensation of the damage and also define the manner, form and measure of the damage), but not the sanction. The "Neminem Laedere" principle acts in three levels in...
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