| Abstract [eng] |
Relation of contractual and non-contractual liability Civil liability was always divided in two types: contractual and non-contractual liability. Civil liability is applicable only to the parties of a contract, while non-contractual liability is applied to parties which are not bounded by contract. At first sight, the basis of both liabilities is clear, but on the other hand the situations may occur when a legal wrong may result in a contractual or non-contractual liability. In such cases it is not clear which type of civil liability should be applied, therefore the master thesis analyses the relation of contractual and non-contractual liabiliy. Legal doctrine and practise stands for opinion that competition between both types of liabilities should not be considered as an option. Nonetheless, this opinion does not reflect the realities of society, which cannot avoid competition between contractual and non-contractual liability. Legal doctine proposes the solution for the analysed problem – one must give a priority to certain form of civil liability. Without relevant regal regulation, the courts plays an important role in interpreting the relation between contractual and non-contractual liability. Case law does not offer an universal solution, therefore each individual case must be thoroughly assessed in light of real intentions of the parties and the main principles of law: justice, reasonableness and fairness. |
