Abstract
Within the European Union, numerous development projects have been created with the aim of harmonizing the civil law. These projects, created as a result of the work of lawyers and research centres across Member States of the European Union, are part of the so-called "soft law" and may serve as role models for national legislators, including here the Serbian lawmaker, for regulating certain issues. Development projects touch upon practically all aspects of contemporary civil law, to a greater or lesser extent, and the emphasis in this paper is to analyse the strict liability for damage as an important form of liability for damage in the modern world, full of increased risks to people and their environment. The development projects taken as examples of how this form of liability can be regulated in different manners are the Draft Common Frame of Reference and the Principles of European Tort Law. The aim of this paper is to determine whether Serbian legislation on strict liability can be improved through the introduction of rules from these acts.
Highlights
The development projects taken as examples of how this form of liability can be regulated in different manners are the Draft Common Frame of Reference and the Principles of European Tort Law
The purpose of development projects is in the gradual approximation of national civil legislations within the European Union and the alleviation of differences between them, which should result in the creation of a singular European civil law.[1]
The discussed development projects were initiated at the initiative of the European Parliament, which on 26 May 1989 passed the Resolution on Action to Bring Into Line the Private Law of the Member States and on 6 May 1994 the Resolution on the Harmonization of Certain Sectors of the Private Law of the Member States[5], both of which called on the expert community to take an active part in the process of harmonization of civil law in the European Union and the adoption of a single European Civil Code
Summary
The purpose of development projects is in the gradual approximation of national civil legislations within the European Union and the alleviation of differences between them, which should result in the creation of a singular European civil law.[1]. They could represent a model towards which the Serbian legislator can progress, especially when considering the tendency of Serbia to become a member of the European Union (hereinafter as the EU), which surely means that a certain proportion of the Serbian laws must be adapted to the legal order of the EU. The Principles are only “a compilation of the fundamental concepts of tort law, though in the format of statutory text and at a level of detail that codifications tend to have They are not meant to be a draft code of the European tort law, nor does the Group expect that they could be implemented into any given legal system without further legislative adaptation”.11. Through a comparative approach and examination of different concepts of strict liability, one may see the similarities and differences between the regulations, and whether the CTA follows the social developments and whether it can, possibly, be improved by implementing certain solutions from the Draft and the Principles
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