Review article
https://doi.org/10.46672/zsl.6.6.8
Grey areas of damage liability for wildlife vehicle collision – de lege lata and de lege ferenda
Zlatko Ćesić
; Libertas međunarodno sveučilište
Milan Šutić
Abstract
The increase in the number of motor vehicles and the growing network of roads inevitably lead to an increase in damages caused by vehicles crashing into wild animals. The existing normative regulation puts hunting licensees ab initio in a much more favorable procedural and substantive legal position than was the case with preceding legal solutions. In the same way, drivers, argumentum a contrario, are in a less favorable and more demanding procedural and substantive legal position. The legislator leaves many gray areas to the courts, who should in such circumstances interpret vague provisions and fill legal gaps. In this paper, the authors seek to determine which gray areas are exempt from contractual liability for damages caused by wildlife vehicle collision, and to propose possible normative solutions de lege ferenda for their elimination.
Keywords
liability for damage caused by wildlife vehicle collision; wild animals; hunting ground; public road; normative regulation; fault-based liability for damage; presumptions of liability
Hrčak ID:
269337
URI
Publication date:
28.12.2021.
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