LEGAL AND ECONOMIC ASPECT OF LIABILITY FOR DAMAGES

Danijela Petrović Asisstant Profesor /Faculty of Law, University of Prishtina

Abstract: The essence of the largest number of civil disputes is to determine the responsibility of the parties to the dispute in relation to the damage caused. The goal of determining responsibility is to sanction the perpetrator of the damage and compensate the injured party, but also to encourage individuals to take care in order to reduce the probability of damage and its consequences. In this sense, the economy insists on defining legal rules that would encourage individuals to behave in accordance with the principle of efficiency. The occurrence of damage and the extent of the consequences caused by the damage are conditioned by the attention taken by one or both parties in the event that causes the damage, and a unilateral and bilateral precautionary model is defined in economics. The unilateral model implies the possibility of taking measures of attention of one of the parties, the perpetrator of the damage or the injured party, while the bilateral model indicates the possibility of taking precautionary measures of both parties. The determination of liability is important due to the distribution of the burden of damage and its consequences. In addition to economic models of liability for damage, the paper analyzes the legal basis and conditions of liability within the legal system of the Republic of Serbia.

Key words: liability, damage, unilateral model, bilateral model.