Publication details
Povaha náhrady škody způsobené zvěří a její uplatňování – ústavněprávní aspekty
| Authors | |
|---|---|
| Year of publication | 2022 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The paper focuses on two main areas. In the introduction, it deals with the question on which principle of imputability the Hunting Act bases the absolute objective liability of the hunting ground user and the game preserve user for damage. It takes into account the fact that its es-tablishment interferes with their property rights protected by Article 11 of the Charter and that, through the exercise of the right to hunt, hunting associations fulfil the State's duty to protect the environment, which is imposed on it by Article 7 of the Constitution. The article then turns its attention to the procedure for the injured party to claim compensation. It deals in particular with the constitutionality of short limitation periods, but also with issues relat-ed to active and passive standing. Moreover, it compares the Czech legislation with the Slovak and German ones. It highlights the individual differences, their reason and possible de lege ferenda implications for the Czech legislator. |