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OWNER AS A SUBJECT OF CIVIL LIABILITY FOR DANGEROUS THINGS IN LEGAL THEORY AND CASE LAW

Nataša Lucić ; Pranvi fakultet u Osijeku


Puni tekst: hrvatski pdf 361 Kb

str. 87-122

preuzimanja: 664

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Sažetak

The paper aims at presenting strict civil liability by a case liability of an owner as a subject of liability for dangerous things. Ye paper deals with strict liability for damages, its positive and negative impacts, issues about damages related codification in the European law; it discusses the notion of a dangerous thing, dangerous thing owner as a subject of liability with special reference to liability of motor vehicle owners, liability presumptions, possibilities of exemption from liability, it deals with several comparable damages-related solutions, opinions and ideas of notable Croatian and world’s theoreticians. Since there is no legal definition of a dangerous thing the paper also gives a survey of case law answering the question what thing can be regarded as dangerous in the Croatian legal system, and when the owners of dangerous things are liable for the damage caused. The paper also pays special attention to some vague wording of the law regulating this legal problem area and how it reflects to case law; it also aims at reconsidering if there is a legal space and how to change the existing legal solutions and/or amend them by (modelled on some other advanced legal systems) clearer and more specific ones whose implementation would facilitate the passing of indisputable and legally justifiable judgements.

Ključne riječi

dangerous thing; owner; strict liability; damage; damages

Hrčak ID:

85433

URI

https://hrcak.srce.hr/85433

Datum izdavanja:

21.5.2012.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.683 *