Protiprávnost – co je jejím zdrojem v soukromém právu?
Wrongfulness - What are its Sources in Private Law?

Summary/Abstract: With regard to the recodification it appears the approaches leading towards identification of two separate prerequisites of liability, namely the wrongfulness and the fault. Relying on the definition of negligence assumptions, different opinions are heard about how the culpability should be understood. What the assessment standard (purely objective, differentiated objective, subjectivised or purely subjective) should be applied to it. Necessary to these considerations (and theoretical solutions) is also an analysis of wrongfulness in terms of its meaning and function in tortlaw system. The purpose of the paper is to approach the comparative context (Austria, Germany, France, Switzerland, Netherlands, Italy), and to analyse the wrongfulness in the new Czech private law with special regard to new wording of basic general clauses as well as the prevention dispositions. The purpose of the analysis is to show the usefulness of a thorough separation of wrongfulness and culpability and their different functions in delictual system. I believe that the fault should not merge with wrongfulness, i.e. it should not be significantly further objectified and should continue to perform the function of a particular subjective corrective in the development of civil liability based on fault.

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