OCHOB ОДГОВОРНОСТИ ЗА ПPOУ3POKOBAHУ ШTETУ
THE BASIS OF LIABILITУ FOR DAMAGE CAUSED

Summary/Abstract: The question of liability for damage caused represents one of the central themes in the obligation law. Its analysis shows that in our law there are cases in which liability should solely be based don guilt. On the other hand, everyday life shows that there are also cases in which liability should be based on the created risk. It follows that in our law there is room not only for personal but also material (objective) liability. However, each type of liability has its appropriate scope of application. Taking into account the fact that the injured party is often not able to realise the claim for damages against the party causing the damage (due to the insolvency of that party), it is necessary that the elements of civil liability should be expanded to include, wherever it is technically possible, necessary insurance against liability. At the same time, in those cases where a particular damage takes place as the consequence of everyday technical development, a „state insurance” should be organised in the appropriate way, taking as a model of organisation the system of „social security”.

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