Development of the Legal Regulation of Compensation for Injury to Health in the Czech Republic in Period 1950 – 1990 and its Impact on Legal Regulatio
Development of the Legal Regulation of Compensation for Injury to Health in the Czech Republic in Period 1950 – 1990 and its Impact on Legal Regulatio

Summary/Abstract: Legal regulation of the Central Civil Code, act no. 141/1950 Coll., (hereinafter referred to as the “C.C.C.”), should have replaced the so-called bourgeois legal regulation, it should have been the new socialist civil law, the civil law should have become simplified. Legal regulation of compensation for damage was contained in chapter no. 16, sections no. 337 to 359 of the C.C.C., titled as Obligations to compensate for damage. The law again did not distinguish between compensation for damage inflicted by violation of an obligation or as result of violation of legal provision. The law already did not distinguish particular degrees of culpability as it was stated in case of G.C.C.; it only distinguished between culpability in forms of intention and negligence. On 1st April 1964, the act no. 40/1964 Coll., the Civil Code (hereinafter referred to as the “C.C.”) came into effect; it newly regulated liability for damage and unjust enrichment in the part 6 in sections no. 415 to 459. There was emphasized the prevention in instance of compensation for damage. Luby's conception created grounds for other authors, who devoted to liability. All authors agree with the fact that liability should be conceived as liability for intentional violation of legal duty. Consensus about requirements of liability and identification of liability with sanction are typical for the period after year 1964.

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