UZROČNA VEZA KAO PRETPOSTAVKA ODGOVORNOSTI ZA ŠTETU
CAUSATION AS AN ASSUMPTION OF LIABILITY FOR DAMAGES

Summary/Abstract: The article analyses the causation as an assumption of liability for damages. The author discusses what is the legal meaning behind the phrase causation as a general presumption of liability for damages, the problems in case law which emerge in the courts upon determining the legally relevant causal link, which approach is adopted for determination of causation as a general assumption of liability, as well as the tests which ascertain the aforesaid. The paper also outlines the problem of existence of the competing causes and how the same are handled by the modern legal order when identifying liability for damages. Furthermore, the paper presents the legal theories which could serve upon identification of legally relevant causation in case law, as well as which causal paradigms can exist in law. The paper also shows the means of proving the causation as assumption of the fault in some of the leading legal orders of the world; as well as in the legal orders of the region. Finally, the paper portrays the causation as a presumption of fault from the European perspective.

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