ПУФЕНДОРФОВО СХВАТАЊЕ ОСНОВА ОДГОВОРНОСТИ ЗА ШТЕТУ
PUFENDORF’S ATTITUDE TOWARDS THE PROBLEM OF FOUNDATION OF TORTIOUS LIABILITY

Summary/Abstract: Pufendorf’s opinion on the problem of foundation of liability had a considerable influence on the legal development, especialy in German countries. Pufendorf departed from the analysis of human behaviour. That is why he considered it necessary, for establishing liability in tort, that a commitment could be imputed to a certain person. Moreover, he posed a twofold commandement in the Natural Law, comprising interdiction of causing damage and obligation of restoring it. The foundation of tortious liability, according to Pufendorf, has two aspects: such liability is based on a human act in which a fault, as well as a breach of a natural legal duty are represented. Pufendorf’s attitude towards the problem of foundation of tortious liability differs from those of Grotius, who based the liability on fault.

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