Zbornik, Vol. 36 No. 1, 2015.
Izvorni znanstveni članak
TOBACCO CONTROL AND THE LIABILITY OF THE TOBACCO INDUSTRY FOR DAMAGE CAUSED BY TOBACCO PRODUCTS
Marko Bevanda
; Pravni fakultet Sveučilišta u Mostaru
Sažetak
It has been scientifically proven that there is a high probability of chance that the long-term exposure to tobacco smoke will lead to the consequences such as illnesses, physical impairments and death. In this paper the author elaborates on the legal regulations concerning tobacco control at the international, regional and national level, and analyzes the issue of liability for damage caused by active smoking and exposure to tobacco smoke.
The issues relating to liability for damage of tobacco product manufacturers and compensation to those who suffered harmful effects of tobacco products raise a number of dilemmas and controversies and represent a great challenge to the theory and practice of law. The subject of liability for damage requires to be paid more attention to among the Croatian legal science and practice of civil law than it has been the case so far.
The liability (of producers) for harmful effects of tobacco products should be governed as a separate compensation system. The author holds that strict liability and presumed causation are the right and advisable directions to follow in the evolution of this new and distinct civil liability system.
The author of this paper does not do here a thorough research of this particular issue, which is certainly impossible to do, but opens up, initiates and analyzes a range of complex and sensitive issues and problems which occur in this area, and offers some proposals for their resolution.
Ključne riječi
Directive EU 40/2014; tobacco control; liability for damages; tobacco products; defective product; dangerous product; strict liability
Hrčak ID:
141181
URI
Datum izdavanja:
13.4.2015.
Posjeta: 2.592 *