engleski

Strict liability in civil cases with special regard to environmental damages

The authors give an overview of civil liability in cases of various hazardous operations and environmental damages. These two closely connected phenomena are regulated in a similar way in both Croatian and Hungarian law. The paper examines the regulation of these countries on strict liability, and gives an overview of differences and problems in practice. It is important to put the two countries regulation into the context of EU law, so the paper introduces the referring aquis of the European Union. Strict liability that presumes liability without proof of fault has been rapidly developing recently. Many eminent legal theorists are analyzing and debating its open development through legislation, and its covert development through judicial practice. Environmental protection has been one of the major influences on its development, and it has been subject of interest of many present and potential members of EU. “Grey area” between strict and fault liability, possibility of determining clear borders between them is also a very actual issue of liability in tort law. Object of the paper is to examine all these questions of strict liability with special regard to environmental damages.

strict liability, damages from hazardous operations, environmental liability, EU conventions

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