Publication details
Kdo odpovídá za škodu způsobenou zvířetem? Otázka odpovědnosti a náhrady škody ve vztahu k živočišné říši
| Title in English | The question of liability and damages in relation to the animals |
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| Authors | |
| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | Damages is undoubtedly a private law institution. However, in some cases it can also have a significant overlap with public law, e.g. environmental law. In practice, this situation may arise when an animal causes damage. In such a case, the private law provisions of the Civil Code are not sufficient to determine who is liable for the damage and who can be held liable for compensation, but the provisions of public law must also be applied. In particular, Act No 115/2000 Coll., on the provision of compensation for damage caused by selected specially protected animals. This Act, as its name suggests, regulates the government liability to damages caused by specially protected animals and the conditions for the establishment of a claim for compensation for such damage. In view of the gradual return of wolves to our countryside in recent years, this issue has become increasingly topical. The government liability to damages caused by game whose numbers cannot be reduced by hunting under Act No 449/2001 Coll., on hunting, or its possible overlap with other legislation, should not be overlooked. The aim of this article is to discuss in more detail the issue of the government liability to damages caused by animals, in reflection of the current case law of the high courts and in comparison with other European legal systems. The attention will also be paid to the private law regulation of compensation for damage caused by animals contained in the Civil Code. |
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