ZLV Online

Abstrakt

This article examines the identification of the person liable for damage caused by forest stands under the current Czech legal framework and judicial practice. Its aim is to clarify how responsibility for such damage is allocated, particularly in light of the interaction between the Civil Code and special legislation, notably the Forest Act, as well as regulations governing roads and railways. The methodology is based on an analysis of relevant statutory provisions and a review of case law, with particular emphasis on decisions of the Supreme Court and selected judgments of lower courts. The article shows that the replacement of the former Civil Code by the current codification has significantly changed the legal approach, especially through liability for damage caused by a thing in itself and the modified role of the general preventive duty. It further demonstrates that special legislation may shift supervisory duties and liability, particularly at the boundaries of forest land and in areas used for transport. The analysis reveals persistent inconsistencies in judicial practice and concludes that clearer guidance from the Supreme Court is needed to enhance legal certainty in this area.