<abstract xmlns="http://www.w3.org/1999/xhtml"><p>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 <italic>de lege ferenda</italic> (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.</p></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.

Damages for Personal Injuries – in Labour and Service Law

DANUBE

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Damages for Personal Injuries \u2013 in Labour and Service Law"}

The contribution will be devoted to the comparison of damages for non-proprietary loss in public and private sphere. The regulation of service relationship...

Regulation	Damages for pain and diminished social function	One-off indemnity		Mandatory to decide	Appeal authority	Body of judicial review
Act No. 221/1999 Coll., on Professional Soldiers	250 CZK/point	6 times min. wages	1st and 2nd degree of disability	Service authority (body)	Superior service authority (body)	Competent administrative court
Act No. 221/1999 Coll., on Professional Soldiers	250 CZK/point	24 times min. wages	3rd degree of disability	Service authority (body)	Superior service authority (body)	Competent administrative court
Act No. 361/2003 Coll., on the Service Relationship of Members of Security Forces	250 CZK/point	230,000 CZK	Termination of service relationship due to injury	Service official	Director of security forces	Competent administrative court
Act No. 262/2006 Coll., the Labour Code	250 CZK/point	It is not provided (only in case of survivors)		Employer	Does not exist	Competent civil court
Act No. 234/2014 Coll., on Civil Service	250 CZK/point	It is not provided (only in case of survivors)		Service official	Superior service authority	Competent administrative court

Damages for Personal Injuries – in Labour and Service Law

Pubblicato online: 14 ott 2019

Pagine: 285 - 298

DOI: https://doi.org/10.2478/danb-2019-0015

Parole chiave
Damage Compensation, Employee, Injury, Legal Regulation, Soldier

© 2019 Leopold Skoruša et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Overview of damages for non-proprietary damage

Damages for Personal Injuries – in Labour and Service Law

Pubblicato online: 14 ott 2019

Pagine: 285 - 298

DOI: https://doi.org/10.2478/danb-2019-0015

Parole chiaveDamage Compensation, Employee, Injury, Legal Regulation, Soldier

© 2019 Leopold Skoruša et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Overview of damages for non-proprietary damage

Parole chiave
Damage Compensation, Employee, Injury, Legal Regulation, Soldier