DELIKTNA ODGOVORNOST ZA ŠTETU OD PROIZVODA S NEDOSTATKOM PREMA NEMAČKOM GRAĐANSKOM ZAKONIKU (BGB)

Abstract

In German law, liability for damage due to product defects relies on three concepts: traditional contractual liability, traditional tort liability, and objective liability for damage. The paper discusses tortious liability for damage from product defects according to the provisions of the German Civil Code. Namely, by implementing the provisions of Directive 85/374 / EEC into the German legal order, the provisions of the German Civil Code have not been suppressed, but there is a possibility for the injured party to choose the basis of the claim, based on tortious liability, or objective liability for damage. Contractual liability for product defects plays a small role for injured parties in German law. In order to solve the problems that have arisen as a result of the inadequacy of contractual liability, German courts have decided to improve the position of consumers through tortious liability for damage from defective products. Tort liability for damage has become a convenient mechanism for resolving certain problems that have arisen in relation to this liability. Among others, the answer was given to the question of whether inaction, ie omission, can lead to a tort. More importantly, the circle of persons potentially responsible for the damage was concretized.