Generální prevenční povinnost v systému deliktního práva

Abstract

The paper at hand deals with role and function of the general prevention duty in tort law as introduced by the Czech Civil Code in 2014. The general prevention duty has been taken over from the former Civil Code with some minor legislative amendments. On the other hand, basic rules for tort liability have changed significantly. As opposed to the previous general tort law provision, the new tort law was modelled upon the German concept of liability. However, German tort law does not explicitly provide for a general prevention duty. As the paper points out, this creates a unique combination of rules that need to be examined and discussed thoroughly. The paper at hand strives to be part of the discussion and tackle the issue of whether the traditional understanding of the general prevention duty needs to be reassessed and if so, how. It poses major questions, which arise due to the aforementioned changes. It further evaluates existing opinions on the matter and elaborates on possible solutions to the problem.