期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2010
卷号：31
期号：2
页码：789-808
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：The article presents an overview of conditions prescribed in Croatian and comparative law on compensation for damages according to which an obligation to redress the damage can be imposed on the individual although he or she is not liable for it. Such extraordinary situations where implementation of the equity principle excludes implementation of the general rules governing the liability for damages are prescribed very generally in most compensatory legal systems (as well as in DCFR). Due to that fact, only the court practice can answer the question on incidence and extent of the equity principle implementation. The first part of the article deals with comparative law provisions prescribing the equity principle (the Austrian, German, Swiss, Italian and Swedish law) and provisions of the DCFR. The following chapters are dedicated to the rules prescribed by the Civil Obligations Act (previously and currently in force) as well as to Croatian court practice. According to the author, the focus has been moved from the liability for damages to the actual possibility of receiving compensation for damage and balance of (property) interests of the injured party and the party causing damage.
关键词：liability for damages; liability for delicts; mental capacity; equity;
