The legal regulation concerning product liability in the Czech Republic - some refiections de lege ferenda
Vol.8,No.1(2000)
Abstract
Pages:
34–42
The legal regulation concerning product liability in the Czech Republic is in the position of a special law to the Civil Code of Laws and in a broader context it falls within the sphere of civil law.
It is a legal regulation containing statements of objective responsibility for a damage caused by product defect which is only made milder by stating enumerative group of liberation reasons and which cannot be excluded or limited by neither a contract nor a one-side statement.
Nowadays the amendments to the legal regulation concerning product liability that has been effective for twenty months are started. This regulation is closely related to the Czech Republic's effort to become a member of the European Community.
I hold the view that the Czech legislation is granted a good opportunity to pass a legal regulation that will be wholly compatible with the Community law and that will simultaneously remove all ambiguous formulations which could possibly lead to different readings of the object provisions from the current law.
The aim of this article is carrying aut an analysis of the governmenťs proposal for amendment to Law no. 59/1998 of the Collection with regard to compatibility with the Council's Directive 85/374/EEC, and adding some suggestions of modifications realization of which is necessary for ensuring the compatibility.
It is a legal regulation containing statements of objective responsibility for a damage caused by product defect which is only made milder by stating enumerative group of liberation reasons and which cannot be excluded or limited by neither a contract nor a one-side statement.
Nowadays the amendments to the legal regulation concerning product liability that has been effective for twenty months are started. This regulation is closely related to the Czech Republic's effort to become a member of the European Community.
I hold the view that the Czech legislation is granted a good opportunity to pass a legal regulation that will be wholly compatible with the Community law and that will simultaneously remove all ambiguous formulations which could possibly lead to different readings of the object provisions from the current law.
The aim of this article is carrying aut an analysis of the governmenťs proposal for amendment to Law no. 59/1998 of the Collection with regard to compatibility with the Council's Directive 85/374/EEC, and adding some suggestions of modifications realization of which is necessary for ensuring the compatibility.
34–42
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