{"title":"中欧国家博弈损害及其赔偿:比较视角","authors":"V. Vomáčka, Josef Bártů","doi":"10.47078/2022.2.183-200","DOIUrl":null,"url":null,"abstract":"This article provides a general comparison of the rules on compensation for damage caused by game in Germany, Austria, Poland, the Czech Republic, Slovakia, and Hungary. It focuses on both the scope and assessment of liability and the existence of a complementary compensation scheme for damage caused by protected species. The authors conclude that the national systems share common features but also differ in many areas. Most notably, Polish law divides the responsibility between the hunting ground user and the State, while taking into account how game numbers can be regulated (according to the hunting season). Hungarian law addresses the specific liability directly by the Civil Code, and Slovak legislation, which seems optimal, establishes the breach of a legal obligation as a prerequisite for the establishment of a compensation claim.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"145 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Damage Caused by Game and its Compensation in Central European Countries: A Comparative Perspective\",\"authors\":\"V. Vomáčka, Josef Bártů\",\"doi\":\"10.47078/2022.2.183-200\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article provides a general comparison of the rules on compensation for damage caused by game in Germany, Austria, Poland, the Czech Republic, Slovakia, and Hungary. It focuses on both the scope and assessment of liability and the existence of a complementary compensation scheme for damage caused by protected species. The authors conclude that the national systems share common features but also differ in many areas. Most notably, Polish law divides the responsibility between the hunting ground user and the State, while taking into account how game numbers can be regulated (according to the hunting season). Hungarian law addresses the specific liability directly by the Civil Code, and Slovak legislation, which seems optimal, establishes the breach of a legal obligation as a prerequisite for the establishment of a compensation claim.\",\"PeriodicalId\":325719,\"journal\":{\"name\":\"Central European Journal of Comparative Law\",\"volume\":\"145 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Central European Journal of Comparative Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.47078/2022.2.183-200\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Central European Journal of Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.47078/2022.2.183-200","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Damage Caused by Game and its Compensation in Central European Countries: A Comparative Perspective
This article provides a general comparison of the rules on compensation for damage caused by game in Germany, Austria, Poland, the Czech Republic, Slovakia, and Hungary. It focuses on both the scope and assessment of liability and the existence of a complementary compensation scheme for damage caused by protected species. The authors conclude that the national systems share common features but also differ in many areas. Most notably, Polish law divides the responsibility between the hunting ground user and the State, while taking into account how game numbers can be regulated (according to the hunting season). Hungarian law addresses the specific liability directly by the Civil Code, and Slovak legislation, which seems optimal, establishes the breach of a legal obligation as a prerequisite for the establishment of a compensation claim.