David Elischer
Author’s affiliation: Faculty of Law, Charles University

On Objective Liability of Legal Entities – Several Considerations on the Imputability of Harmful Consequences

Jurisprudence 4/2018 Section: Articles Page: 11–19

Keywords: civil liability, objective liability, legal entity, culpability, imputability, loss event, unlawful conditions, operational liability, liability for damage caused by a thing, exoneration, contractual liability

Abstract: In private law, objective liability for damage is becoming the predominant liability – despite the declared primacy of the subjective principle. This is not attributable to the development over the last few years, but to the long-term trend of tort law. The main reason is the fair allocation of risks and the consistent protection of the injured parties. However, the purpose of objective civil liability should not be to paralyze the desirable social, technological and technological progress. The purpose of the discussions is therefore to find a balance between these social interests. The notion of objective liability should be analyzed in the Czech context in relation to legal entities. Are legal entities really identical to physical persons in these cases? Who should prove the existence of liberation reasons? How do legal entities demonstrate that they have taken the care that can reasonably be required? How do we impute to the legal person the harmful consequences caused by operations? What are the limits of objective liability?