|
|
Damage resulting from operating activities
Voříšek, David ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
Damage resulting from operating activities Abstract The thesis is devoted to the factual basis of damage from operational activities under the provisions of Section 2924 of the Civil Code, as a special legal regulation in relation to the general regulation of the obligation to compensate for damage. Firstly, the thesis explains in detail what is meant by operational activity itself, while it is disputed in the doctrine whether its features also include an increased risk of damage. This is followed by a thorough analysis of the case-law, from which criteria are derived to determine whether or not the damage is caused by an operational activity. On the basis of these criteria, a test for operating damage is defined, which represents a thought process that should help in making this determination and thus establish a uniform and more predictable procedure than is currently the case, where individual judges approach this determination in very different ways. It has also emerged from case law that courts, including the Supreme Court, although stating the opposite in some decisions, do not consider an increased risk of damage to be a mandatory feature of operational activity. Secondly the thesis addresses the question of what type of legal liability is involved. Although the doctrine for the most part leans...
|
guest ::
