Original scientific paper
The Principle of Equity as a Basis for Obligation to Compensate the Damage Without Being Liable To Do So
Maja Bukovac Puvača
; Pravni fakultet Sveučilišta u Rijeci
Abstract
The article presents an overview of conditions prescribed in Croatian and comparative law on compensation for damages according to which an obligation to redress the damage can be imposed on the individual although he or she is not liable for it. Such extraordinary situations where implementation of the equity principle excludes implementation of the general rules governing the liability for damages are prescribed very generally in most compensatory legal systems (as well as in DCFR). Due to that fact, only the court practice can answer the question on incidence and extent of the equity principle implementation. The first part of the article deals with comparative law provisions prescribing the equity principle (the Austrian, German, Swiss, Italian and Swedish law) and provisions of the DCFR. The following chapters are dedicated to the rules prescribed by the Civil Obligations Act (previously and currently in force) as well as to Croatian court practice. According to the author, the focus has been moved from the liability for damages to the actual possibility of receiving compensation for damage and balance of (property) interests of the injured party and the party causing damage.
Keywords
liability for damages; liability for delicts; mental capacity; equity
Hrčak ID:
63624
URI
Publication date:
20.12.2010.
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