Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.44.1.2
Due Care Under the Civil Obligations Act
Zvonimir Slakoper
; Sveučilište u Rijeci, Pravni fakultet, Sveučilište u Zagrebu, Ekonomski fakultet
Saša Nikšić
orcid.org/0000-0001-6170-1781
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
A provision requiring parties to obligations to act with due care is one of the
basic provisions of the Obligations Act, and therefore applies to all obligations.
This provision states types of due care, care of bonus pater familias, care of bonus
businessman and care of bonus professional, but does not defi ne either the way how
to determine whether certain person acted with required care nor legal consequences
of acting without it. The paper fi rstly analyzes and presents the application of this
provision ratione materiae, ratione tempore and ratione personae. Then, in detail
and concretely, from the literature and jurisprudence standpoint, it presents individual
types of due care, i.e. requirements that an individual type of care puts before
parties to obligations, as well as examples of when these requirements were not met.
Furthermore, the way how to determine whether certain person acted with a required
care is discussed and consequences of acting without due care. The connection
between provisions is distinguished, which ties legal consequences with a request
or a possibility of knowledge of certain facts and provisions that require acting
with certain care. The request for certain knowledge or a possibility to have certain
knowledge originate from the later provision, and consequently legal consequences
for persons who had to know or could know certain facts.
Ključne riječi
the law of obligations; due care; care of bonus pater familias; care of bonus businessman; care of bonus professional.
Hrčak ID:
300125
URI
Datum izdavanja:
15.4.2023.
Posjeta: 2.407 *