The legal regulation concerning product liability in the Czech Republic - some refiections de lege ferenda Cover Image

Právní úprava odpovědnosti za výrobek v České republice - úvahy de lege ferenda
The legal regulation concerning product liability in the Czech Republic - some refiections de lege ferenda

Author(s): Radka Honcová
Subject(s): Civil Law, Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: legal regulation;product liability;Czech Republic;de lege ferenda;

Summary/Abstract: The legal regulation concerning product liability in the Czech Republic is in the position of a speci­al law to the Civil Code of Laws and in a broader context it falls within the sphere of civil law. It is a legal regulation containing statements of objective responsibility for a damage caused by pro­duct defect which is only made milder by stating enumerative group of liberation reasons and which cannot be excluded or limited by neither a contract nor a one-side statement. Nowadays the amendments to the legal regulation concerning product liability that has been effec­tive for twenty months are started. This regulation is closely related to the Czech Republic's effort to become a member of the European Community.I hold the view that the Czech legislation is gran­ted a good opportunity to pass a legal regulation that will be wholly compatible with the Community law and that will simultaneously remove all ambiguous formulations which could possibly lead to different readings of the object provisions from the current law. The aim of this article is carrying aut an ana­lysis of the governmenťs proposal for amendment to Law no. 59/1998 of the Collection with regard to compatibility with the Council's Directive 85/374/EEC, and adding some suggestions of mo­difications realization of which is necessary for en­suring the compatibility.

  • Issue Year: 8/2000
  • Issue No: 1
  • Page Range: 34-42
  • Page Count: 9
  • Language: Czech