Liability for Damage to a Person Providing Assistance to Public Authorities (with an Emphasis on the Armed Forces) Cover Image

Odpovědnost za újmu osobě poskytující pomoc veřejné moci (s důrazem na ozbrojené síly)
Liability for Damage to a Person Providing Assistance to Public Authorities (with an Emphasis on the Armed Forces)

Author(s): Ondřej Horák, Leopold Skoruša
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: Damage; Property Damage; Non-Material Damage; Public Power; Person providing the Assistance; Responsibility; Compensation.

Summary/Abstract: The paper is devoted to the issue of compensation of property and non-material damage to a person who aided public authorities (persons in authority) and especially to the armed forces. This is a specific case of State liability, having an objective character (responsibility for result). Particular attention will be focused on compensation for survivors and on transfer of compensation in the event of injury to heirs. It will be the first comprehensive elaboration of the issue, which is characterized by a few interpretative problems in terms of theory (especially public and private law relations) and practice (e.g. absolution of state responsibility or status of registered partners in compensation of survivors). The aim of the paper will be a critical analyse for the current state of legal regulation and the proposal de lege ferenda.

  • Issue Year: 28/2020
  • Issue No: 2
  • Page Range: 205-223
  • Page Count: 19
  • Language: Czech