Odpovědnost státu za újmu způsobenou podnikateli nezákonným rozhodnutím nebo nesprávným úředním postupem

This dissertation thesis deals with issues regulated by Act No. 82/1998 Coll., with a special focus on tangible and intangible damage caused to entrepreneurial entities. The primary objective of this thesis is to identify hitherto neglected or otherwise problematic areas covered by Act No. 82/1998 Coll. and offer reasoned solutions. The description and the related legislative analysis are presented chronologically. The introduction analyses the general basis of the legal regulation of obligations following from an offence (tort) and outlines historical development of legal regulation concerning the State’s liability for damage. The rest of the thesis first deals with general matters related to the State’s liability for damage caused by the State. Therefore, these parts contain segments dealing with the State’s sovereign activities and the essential (non)applicability of Act No. 82/1998 Coll. in various situations. Attention is also paid to the conditions of preliminary hearing of a claim pursuant to Section 14 et seq. of the Act. Special emphasis is put on issues associated with the circumstances under which a specific public authority body’s decision is declared unlawful and the issues related to various types of administrative malpractice. Additional attention is paid to the individual types of actual damage, lost profits and intangible damage. The thesis also separately deals with special legal concepts such as limitation (time-barring) of claims for compensation of damage and issues related to offsetting statutory interest. The final chapter offers an international comparison with similar legislation applicable in the Slovak Republic.