Act No. 63 / 1951 Coll.
Law on liability for damage caused by means of transport
Valid
Effective from 01.11.1951
63.
Law
of 11 July 1951
on liability for damage caused by means of transport.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The extent of responsibility.
(1) The railway operator, motor vehicles, aircraft, motor-powered vessels and the carrier of transport by other vessels (hereinafter referred to as "operator" and "means of transport") are responsible for damage caused by the specific nature of its own operations, also under this law.
(2) In doubt, the operator of the means of transport shall be deemed to be its owner or any co-owner and, if the means of transport entrusted to the management of a socialist legal person, the operator shall be deemed to be that person.
(1) Where the means of transport is submitted for repair, the assessment shall be carried out until the means of transport has been returned as an operator only to the repairer.
(2) If someone is using a means of transport when the damage was caused, without knowledge or against the will of the operator, he is responsible for the damage instead. The operator shall remain responsible next to him if such use of the means of transport has enabled his negligence; where the person is close to the operator in such a way that the means of transport is used, the operator shall be deemed to have made the use possible by negligence.
If several persons are responsible for the damage, they shall, unless otherwise specified, be liable by hand to the common and non-different.
(1) The operator and those responsible for the damage in his place or next to him shall be exempt from liability under this law only if the damage:
1. came from the fault of the victim; or
2. came from such an act of a third party who could not be averted, or
3. where the damage could not be averted and cannot be derived from the condition of the means of transport or other operating equipment, or from the failure or lack of operation of the operating equipment or organism of persons in service.
(2) An act of the injured party is also considered to be guilty of a lack of age or health or a mental disorder or a physical defect.
(3) A third party shall not be considered to be a person used in service.
(4) The irrevocability of the third party's action and the irrevocability of the damage depend on the fact that they could not be prevented by the care required.
Replace damage caused
1. death or harm to health, whether or not the affected is a person transported;
2. the destruction or damage of the items which he had on him, or the theft or loss thereof, if the victim was also deprived of the possibility of caring;
3. destruction or damage to other goods, in so far as the damage is not caused by damage, loss or loss of goods carried and where liability for such damage is not governed by any other provision or convention of the participants.
If the damage or its extent is also due to the fault of the injured party or the act of a third party, the person responsible under this law shall replace it in proportion.
(1) The content and extent of compensation shall be governed by the provisions of the Civil Code.
(2) The maximum amount of compensation may be fixed by the Government by regulation.
(1) If, by reason of the death or harm suffered, the benefit from national insurance, military sickness care or the rules on the remuneration of members of the armed corps has occurred, the compensation for such benefits shall be reduced. The provisions on national insurance, on military sickness care and on the retirement pay of members of the armed corps are without prejudice.
If the circumstances relevant to the determination of the pension change substantially, the pension may be reduced or increased or its further payment stopped or the pension suspended.
Limitation and notification obligations.
(1) The claim for compensation under this Act shall be suspended within six months of the date on which the injured party knows what the damage is and who is responsible for it. If the injured party does not know about the damage or the person responsible, the claim shall be waived within three years of the date on which the damage was caused.
(2) The injured party may claim compensation under this Act only if, within a month of the date on which he becomes aware of the person responsible, he notifies him of the accident. If they do not do so, the claim shall cease unless the injured person has not been guilty of, or has been informed otherwise by the person responsible for, the accident within that period.
Exclusion of responsibility.
Liability under this Act for damage caused by death or harm cannot be excluded or limited in the case of persons transported or persons who, due to their employment relationship, are regularly employed or for the purpose of carrying out the work in the perimeter of the means of transport operations in question. Otherwise, liability may be excluded or limited only by a written convention.
Validity of other regulations.
If the cases referred to in Paragraph 8 (2) are not covered by the provisions of this Act, liability under the Civil Code shall not be excluded, excluding liability for damage caused by particularly dangerous operations. However, the person responsible under this law is always responsible for the fault of the person in service used.
Liability for damage from traffic clashes.
The claims for damages arising from a particular event to the person who would have been answered under this law against another person who would have been liable for the same event under that law shall be assessed in accordance with the Civil Code; it does not decide whether the event occurred from the operation of the means of transport itself or by the operation of the means of transport colliding with each other. In doing so, persons used in traffic shall be considered as persons responsible under this law.
(1) Third parties who have suffered damage from an event involving the clash of those operations may claim compensation under this law against any person who is responsible for the operation. However, that person may request that his or her indemnity obligation be limited to that proportion of the damage which is proportionate to the participation of his or her operation in the event of damage due to the participation of others; that limitation does not affect the determination of costs.
(2) Neither the limitation period for claims against persons in charge of other establishments nor any other period of time for which the absence of such a decision is imminent shall take place at the time of the action against the person responsible for one operation until the final termination of the proceedings.
Where liability for damage caused by an event referred to in Paragraph 13 is concerned, the claims of the survivors shall be assessed under the same law (under this law or under the Civil Code), according to which the deceased's claims shall be assessed.
Jurisdiction.
(1) Actions for compensation for damage caused by the operation of a means of transport may be brought, whether under this law or under the Civil Code, also in the court in whose jurisdiction the damage was caused.
(2) An action for damages arising from the clash of operations may be brought against each of the persons responsible (Paragraph 14 (1)) before any court responsible for any of them.
Final provisions.
All the provisions of Railway Act No. 86 / 1937 Coll. and Act No. 81 / 1935 Coll., on the Driving of Motor Vehicles, as well as Sections 29 to 36 and Sections 39 and 40 of Act No. 172 / 1925 Coll., on Aviation, are hereby repealed.
This Law shall take effect on 1 November 1951; it shall be carried out by all members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Broad v. r.
Fierlinger v. r.
Dr. Ševčík v. r.
Maj-Gen Svoboda v. r.
Dr Dolansky v. r.
Maj-Gen Cap v. r.
Dr Gregor v. r.
Nosek v. r.
Caprine v. r.
Cable v. r.
Dr. Unedible v. r.
Dr Rais v. r.
Kopecký v. r.
Kliment v. r.
Jonah v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
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Regulation Information
| Citation | Act No. 63 / 1951 Coll., on liability for damage caused by means of transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.07.1951 |
|---|---|
| Effective from | 01.11.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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