Abstrakt
With regard to the recodification efforts of the Czech legislature, approaches appear to lead towards the identification of two separate prerequisites of liability, namely wrongfulness and fault. Relying on the definition of the presumptions of negligence, different opinions have been voiced concerning the understanding of fault.
Which standard of consideration (purely objective, differential objective, subjectivised, or purely subjective) should be applied? Such considerations (and theoretical solutions) must also be based on the analysis of wrongfulness in terms of its meaning and function in the system of tort law. The purpose of this paper is to outline the comparative context (Austria, Germany, France, Switzerland, the Netherlands, Italy), and to analyse wrongfulness in selected jurisdictions with respect to trends in traditional doctrine and case law.