ODRAZ SOCIÁLNEHO PRÍSTUPU PRAVIDLA EGGSHELL SKULL V DELIKTNOM PRÁVE EURÓPSKEHO SOFT LAW
THE REFLECTION OF SOCIAL APPROACH OF THE EGGSHELL SKULL RULE IN TORT LAW OF THE EUROPEAN SOFT LAW

Summary/Abstract: The authors introduce a rule of a common law origin used in the law of torts, under which a tortfeasor who inflicts personal harm to other has to take his victim „as he finds him” and thus reimburse all damage notwithstanding any special susceptibility of the victim to harm. They describe the history and the present discourse regarding the institute in question, its novel applicability within the academic European private law, they ponder its underlying legal policies and put it in a correlation with trends of socially oriented private law even beyond Europe. They reach a conclusion that the rule is a desirable way for arrangement in tort law, provided it is being applied in conjuncture with further institutes of the law of damages.

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