Original scientific paper
https://doi.org/10.3935/zpfz.69.56.10
Differentiating Between the Legal Principles of Contribution of the Injured Party to His Own Injury and Apportioned Liability
Dijana Vragović
orcid.org/0000-0002-3025-0698
; County Court in Zagreb, Zagreb, Croatia
Abstract
There is a need to distinguish, both in legal theory and practice, two different legal principles - contribution of the injured party to his own injury and apportioned liability, formerly defined in Article 192 of the Civil Obligations Act (1978) and currently in Article 1092 of the Civil Obligations Act (2005). It is important to use the precise terminology when applying the legal principles, not only for the sake of using accurate nomenclature per se, but also in order to ensure that the correct requirements are identified. In this article, the author provides a review of recent Croatian case law, as well as of the academic discussion of this topic. Finally, the author makes a conclusion about the correct terminology and requirements for applying the legal principle of contribution of the injured party to his own injury when discussing liability for damage and compensation reduction.
Keywords
contribution of the injured party; apportioned liability; volenti non fit iniuria; compensation of damage; indirect victims
Hrčak ID:
233813
URI
Publication date:
31.1.2020.
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