| Abstract [eng] |
The master’s thesis analyses the particularities of the application of professional civil liability of lawyers, examining both the relevant legal acts, the conclusions of legal scholars in the doctrine and the interpretations given in the case law. Every member of society has a general duty of care and diligence, but members of the lawyer's profession are subject to a higher standard of care and diligence. The thesis examines the specificity of the professional civil liability of a lawyer, its characteristics, the possible subjects for claiming damages, and the subjects responsible for the damages caused. It also examines how the specificity is manifested in the conditions of the lawyer's professional civil liability. Detailed consideration is given to the operation of the system of insurance compensation in the event of the lawyer's liability, the lawyer's conduct in the event of indirect civil liability and the exclusion, exemption and limitation or elimination of liability. The analysis of the various cases allows conclusions to be drawn concerning the finding of fault, the scope of the unlawful act and the issue of damages. It also reveals conclusions relating to limitation periods in the case of the system of insurance indemnity, their calculation in the event of subrogation, the possibility of limiting or waiving civil liability by contract, and the court's right to control unfair contractual terms in certain cases. |
