Publication details
Odpovědnost veřejné moci za škodu jako materie veřejného práva
| Title in English | Liability of public authority for damages as a matter of public law |
|---|---|
| Authors | |
| Year of publication | 2013 |
| Type | Article in Periodical |
| Magazine / Source | Právník : teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | liability of public authority for damages; public law; objective liability; fault of public authority; France |
| Attached files | |
| Description | Traditionally, Czech doctrine looks at state liability for damages from the private law perspective and applies private law theory of liability for damages on it. This article argues that this issue should rather be treated as a part of public law in the Czech Republic. Text summarizes the development of legal rule concerning state liability and analyzes Czech discussion about its legal character from 1920’s. Analysis shows that currently accepted opinion is not unequivocal. Above all, recent judgement of the Constitutional court (II. ÚS 1612/09 of 23rd February 2010) stating that this type of liability is public law issue should be considered. According to author’s opinion, who takes his inspiration from the French doctrine, public law perspective is much more suitable to state liability for damages in the Czech Republic. Private law theory doesn’t allow distinguishing between objective liability (without any fault from the part of public authority) and liability for fault which is the traditional classification of French lawyers. |