IDEAS home Printed from https://ideas.repec.org/a/cmn/journl/y2019i3p285-298.html
   My bibliography  Save this article

Damages for Personal Injuries – in Labour and Service Law

Author

Listed:
  • Leopold Skoruša

    (University of Defence)

  • Ondřej Horák

    (University of Defence)

  • Radim Vičar

    (University of Defence)

  • Tomáš Zbořil

    (University of Defence)

Abstract

The contribution will be devoted to the comparison of damages for non-proprietary loss in public and private sphere. The regulation of service relationship will be analysed in public area, in private area the legal regulation of health injuries in labour law. The aim of the contribution will be a critical analysis of the current state of legal regulation and the proposal de lege ferenda (approximation with labour law). The addressed question is of a fundamental importance for the area of public finances, the functioning of the public area and the enforcement of the rule of law. The historical-comparative method will be used. Particular attention will be paid to the transfer of damages for personal injury to the heir – while in service relationship, such claims terminate (not transferred to the heir), which was taken from the 1960s legislation. They do not terminate after the death in current private law, if recognized or at least claimed in court. Originally, the regulation of damages in public and private law was comparable; however, after the modernization of the private law (2012/14), the protection of persons in service and their relatives becomes weaker, even though it has traditionally been contrary to it in most institutes. Different legal regulations in labour and service law are baseless in the case of damages. The authors propose to modernize the relevant laws, to bring them closer to the Labour Code, both in the possibility of a reasonable increase in damages and in the transfer of damages for pain and diminished social function to the heir.

Suggested Citation

  • Leopold Skoruša & Ondřej Horák & Radim Vičar & Tomáš Zbořil, 2019. "Damages for Personal Injuries – in Labour and Service Law," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 3, pages 285-298, September.
    • Handle: RePEc:cmn:journl:y:2019:i:3:p:285-298
    as

    Download full text from publisher

    File URL: http://www.eaco.eu/wp-content/uploads/2019/10/skorusa-horak-vicar-zboril.pdf
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cmn:journl:y:2019:i:3:p:285-298. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Helena Campbelle (email available below). General contact details of provider: http://www.eaco.eu .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.