<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...

Damages for Personal Injuries – in Labour and Service Law

Data publikacji: 15 paź 2019

Zakres stron: 285 - 298

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

Słowa kluczowe
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.

Damages for Personal Injuries – in Labour and Service Law

Data publikacji: 15 paź 2019

Zakres stron: 285 - 298

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

Słowa kluczoweDamage 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.

Słowa kluczowe
Damage Compensation, Employee, Injury, Legal Regulation, Soldier