Publication details
Exemplární náhrada škody – výzva pro české právo?
| Title in English | Punitive Damages – Challenge for Czech Law? |
|---|---|
| Authors | |
| Year of publication | 2009 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.law.muni.cz/dokumenty/7905 |
| Description | In this article author focuses on punitive damages – legal concept, which is known mostly from states influenced by angloamerican legal culture. His aim is to present this concept to Czech lawyers, because it is still not very known to them. At first, author defines concept of punitive damages and illuminates its relation to another kinds of damages. He examines historical background of this concept and brings special attention to its development in the USA and judicature of the Supreme Court of the United States. Author also investigates positives and negatives, which are owed to punitive damages. He concentrates mainly on principle of "double jeopardy" and principle of "res iudicata". He also examines question what subjects should be involved by punitive damages and if it is admissible to use this instrument in the case of breach of contract. In the end, he describes actual trends in progression of punitive damages and aspires to formulate general conditions for using it in Czech law. |