Act No. 209 / 2000 Coll.
Act amending Act No. 59 / 1998 Coll., on Liability for Damage Caused by Product Deficiency
Valid
Law
Effective from 01.09.2000
209
THE LAW
of 21 June 2000
amending Act No. 59 / 1998 Coll., on Liability for Damage Caused by Product Deficiency
Parliament has decided on this law of the Czech Republic:
Act No 59 / 1998 Coll., on liability for damage caused by a defect of the product, is amended as follows:
1. Paragraph 2, including the title, reads:
Manufacturer
The manufacturer for the purposes of this Act shall be:
(a) the manufacturer of the finished product, raw material or component of the product, as well as the person who puts his name, trade mark or other distinguishing mark on the product;
(b) any person who, in the course of his business, imports the product for sale, hire or other use; This shall be without prejudice to the responsibility of the manufacturer under point (a);
(c) any supplier of the product, provided that the manufacturer referred to in (a) cannot be designated, unless, within one month of the claim for compensation, he has informed the injured party of the identity of the manufacturer referred to in (a) or the person who supplied the product to him; The same shall apply in the case of imports where the person who imported the product referred to in point (b) is not known, even if the manufacturer is known to be in accordance with point (a). ';
2. In the second sentence of Paragraph 3 (1), the word "for example 'shall be replaced by the words" i' and the third sentence shall be deleted.
3. Paragraph 3 (2) is deleted and paragraph 1 is deleted.
4. in Article 4 (1) (a):
"(a) the presentation of the product, including the information provided, or ';
5. In Article 5 (1), the words "taking into account the circumstances, it is reasonable to assume that 'shall be inserted at the beginning of point (b).
6. in Article 5 (1) (d):
"(d) the defect in the product is due to compliance with the provisions of the legislation which are binding on the manufacturer; or"
7. In Article 5, the following paragraph 3 is added:
"(3) The manufacturer shall be released in whole or in part if he proves that the damage was caused by his actions or omissions or by the person for whom the injured person is responsible. ';
8.
The manufacturer is obliged to make good the damage to the items for which he is responsible only in excess of CZK 5,000. "
9. The following Section 6a is inserted after Section 6:
The manufacturer shall be obliged to compensate the damage to the items for which he is responsible only for an amount exceeding the amount calculated from EUR 500 at the foreign exchange market rate declared by the Czech National Bank on the day on which the damage occurred or was detected. '
10. the following Section 7a is inserted after Section 7, including the title:
Joint responsibility of manufacturers
(1) If several producers are responsible for the damage, they are jointly and severally responsible.
(2) The injured person may claim compensation against any of them.
(3) The mutual settlement of the solidarity-corresponding producers shall be carried out according to the participation of each producer. "
11. in Article 9 (1), the words "can be considered" shall be replaced by the words "reasonably foreseeable, taking into account the circumstances."
12. Paragraph 9 (2) is deleted and paragraph 1 is deleted.
13. The following Section 9a is inserted after Section 9, including the title:
Termination of the right to compensation
The right to compensation under this Act shall expire 10 years after the date on which the manufacturer placed on the market the defective product which caused the damage. This shall not apply if, at that time, the claim for compensation has been lodged in court. '.
14. In Paragraph 10, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The injured party may, at his choice, exercise the right to compensation either under the general liability arrangements or against the manufacturer under this law. '
15. in Paragraph 11, the words "special law" shall be replaced by the words "international treaties by which the Czech Republic is bound and which have been declared 2)" and footnote 2 shall read:
"2) Communication No 133 / 1994 Coll., on the Vienna Convention on Civil Liability for Nuclear Damages and the Joint Protocol on the Application of the Vienna Convention and the Paris Convention."
Repeal
The date of entry into force of the Treaty of Accession of the Czech Republic to the European Union of the provisions of Section 6 of Act No. 59 / 1998 Coll., on liability for damage caused by a defect of the product, as amended by this Act, shall cease to apply.
Efficacy
This Act shall take effect on 1 September 2000, with the exception of Article I (9), which shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 209 / 2000 Coll., amending Act No. 59 / 1998 Coll., on Liability for Damage Caused by Product Deficiency |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.2000 |
|---|---|
| Effective from | 01.09.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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