The Employer's Vicarious Liability: A Comparative Legal and Economic Analysis of Secion 2914 of the New Czech Civil Code
Abstract
The Czech Republic has recently adopted a new Civil Code supplanting the previous Civil Code of 1964. The Civil Code of 1964 contained a rather simplistic regulation of the employer's vicarious liability.
In marked contrast to the previous regulation of the employer's liability for the torts of his employees, the new Civil Code lays down more complex rules in Section 2914. In the article, I intend to do the following: (a) to analyze the legal regulation of the liability of the employer for the torts of his employees and independent contractors from a comparative point of view, (b) to argue for a rationale for the concept of vicarious liability in light of the economic analysis of law, and eventually, (c) to analyze the above mentioned issues arising in regards to the interpretation of Section of 2914 of the new Civil Code in light of the foregoing comparative and legal-economic analyses.