Az alkalmazottak által harmadik személynek okozott károkért való felelősség
Though the roots of the law claiming for damages date back to Roman times, the institution of liability for damages caused by the employee to third party only appeared in the last century. Its appearance took place simultaneously Withand was closely related to the revision of underlying principles o...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2001
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| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum
1 No. 1-20 |
| Kulcsszavak: | Jogtudomány |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/7511 |
| Tartalmi kivonat: | Though the roots of the law claiming for damages date back to Roman times, the institution of liability for damages caused by the employee to third party only appeared in the last century. Its appearance took place simultaneously Withand was closely related to the revision of underlying principles of liability for damages based on culpability although these principles were found inrefutable for centuries, and to many other similar constructions of strict liability. The essay tries to represent the more than a century long national development of this institution and it examines the coherence between the culpability system and first of all the latest dogmatical conception about the objective constructions of liability and as well as those circumstances which made their appearance possible. I try to survey step by step those logical methods, according to which the application of law — starting from the earlier legislatory products — helped to develop the solution for the practical questions raised by the regulation of damages caused by the employee and find a coherent solution with modern conception of liability. An interesting aspect of the surveying these questions is that the development of domestic law cannot be caracterised according to general european patterns in spite of the similar, simultaneous demands. The next part of the essay examines why this progressiv practice was not included in the draft of the Hungarian Code of Civil Law, finally I present a short history of the operative rules also intoducing its practical methods and the problems of interpretation. |
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| Terjedelem/Fizikai jellemzők: | 471-495 |
| ISSN: | 0324-6523 |