ЕКОНОМСКА АНАЛИЗА ОДГОВОРНОСТИ ПРЕДУЗЕЋА И ДРУГИХ ПРАВНИХ ЛИЦА ПРЕМА ТРЕЋЕМ
THE ECONOMIC ANALYSIS OF LIABILITY OF COMPANIES AND OTHER LEGAL PERSONS FOR DAMAGE CAUSED TO A THIRD PARTY

Summary/Abstract: The subject matter of analysis in this paper are the legal and the economic aspects pertaining to the liability of companies and other legal persons for the damage caused by their employees to third persons. The choice among different forms of liability for damage proves to be very important from the economic point of view, given the fact that it is necessary to provide efficient incentives to the employees in terms of preventing prospective damage as well as to the employers in terms of controlling the employees’ conduct. By applying the economics methodology, the author explores the choice between the employer’s objective liability and the employee’s individual liability, as well as the choice between the employer’s liability for negligence and the employer’s objective liability. The examination is based on the already developed economic model within the Economic Analysis of Law theory. In the first and the second part of the paper, the author provides the findings of relevant economic models related to the choice between different forms of liability for damage in case when the employee has caused some damage to a third person. In the third part of the paper, the author correlates the findings of these economic models with the positive law in this area, primarily focusing on the respective legal solutions contained in the German and the Serbian legislation. The aim is to determine to what extent the existing legal solutions on the employer’s liability for damage caused by the employees to third persons are consistent with the findings of the economic models.

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