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Zbornik Pravnog fakulteta u Zagrebu, Vol. 63 No. 3-4, 2013.

Review article

Liability for Emerging Damage

Gale Galev ; Faculty of Law Justinianus Primus, Ss. Cyrilius and Methodius University, Skopje, Macedonia

Full text: croatian pdf 474 Kb

page 617-632

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Abstract

In the article, the author elaborates the liability for emerging damages as a particular form of strict liability. The article analyses different aspects and problems related to the liability for emerging damages. The starting notion of the author is that the emergence of this form of liability results from the more frequent imperilments to the human and the nature produced by the rapid technical and technological development. Further, the author examines the particular attributes of the claim for disposing the emerging damage. Last but not least, the author analyses the legal nature of the liability for emerging damages. In that sense, a conclusion is made that the liability for emerging damages represents a distinct type of strict liability, to which the general rules of the strict liability are to be applied with adequate modifications due to its distinctiveness.

Keywords

emerging damage; strict liability; liability; Law on Obligations

Hrčak ID:

109722

URI

https://hrcak.srce.hr/109722

Publication date:

15.7.2013.

Article data in other languages: croatian

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