Publication details
Škoda spočívající ve vzniku dluhu v občanském a pracovním právu
Title in English | Dept as a Damage in Civil and Labour Law |
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Authors | |
Year of publication | 2020 |
Type | Article in Proceedings |
Conference | Aktuální výzvy soukromého práva |
MU Faculty or unit | |
Citation | |
Web | Web nakladatele |
Keywords | damage; dept; civil law; labour law |
Attached files | |
Description | In the article, the author deals with the issue of damage in the form of a debt. The case law of the Supreme Court of the Czech Republic relating to the Czech Civil Code of 1964 didn´t admit such damage. The existing debt wasn´t considered as a damage until the debt was paid. This approach evoked the problems pointed out by the author in the article. The Czech Civil Code, effective since 2014, changed this approach. It expressly considers the occurrence of a debt as a damage. Also with this solution there are certain questions that the author points out in the article. In the final chapter, the author expresses his point of view to the opinion of some authors which is that the original solution should be kept by the labour law. |