Publication details
Přijetí nebezpečí oběti
| Title in English | Assumption of the Risk of Becoming a Victim |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access článku |
| Keywords | assumption of the risk of becoming a victim - assumption of the risks by the victim - Quebec Civil Code - legal transplant - contributory responsibility |
| Description | Assumption of the risk of becoming a victim is a new institute in Czech tort law inspired by Quebec law, whose interpretation and applicability in Czech law are not agreed upon by the professional community. The subject of the present paper is to answer the research question of the relationship between the assumption of the risk of becoming a victim and contributory responsibility. Attention is paid to each approach that has appeared in the literature since adopting the Civil Code. The conclusion about the negative definition of the assumption of the risk of becoming a victim as an implied waiver of the right to compensation for injury has been excluded, as well as the applicability of the examined institute to the cases of sports competitions. The analysis of Quebec law shows that the source of inspiration (Article 1477 CcQ) of the Czech legislator differs in its wording, as it only regulates the simple assumption of the risk inherent in a specific activity by the injured party. In particular, however, the two rules differ significantly in their meaning and purpose. The purpose of Article 1477 CcQ is primarily to exclude the possibility of invoking the assumption of risk as a bar to the action (fin de non-recevoir), which is entirely alien to Czech law. Therefore, the rule outlined in § 2899 of the Civil Code must be assessed as an unsuccessful legal transplant, and its interpretation must follow the ordinary rules of interpretation. The paper concludes that the assumption of the risk of becoming a victim is a kind of false assumption of the risk by the victim and, at the same time, justifiable self-endangerment of the victim and specifies the general rule on the contributory responsibility in such a way as to exclude the contributory responsibility and thus the possibility of reducing or completely excluding the victim's right to compensation against the wrongdoer. |
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