ПРЕТПОСТАВЉЕНА КРИВИЦА КАО ОПШТИ ОСНОВ ОДГОВОРНОСТИ ЗА ШТЕТУ
PRESUMED GUILT AS THE GENERAL BASIS OF LIABILITY FOR CAUSED DAMAGE

Summary/Abstract: The Federal Law of Obligations introduces the concept of presumed guilt as the general basis of liability for caused damage resulting from guilt. By so doing, the Law accepts the modem concept of liability for caused damage consisting of the concept of liability and the concept of liberation. The social and economical conditions for such a solution originate within the socialist production relations, and thus are accepted in the laws of the socialist countries, with the exception of one. The legal basis of the introduction of the presumption of guilt is the general legal duty not to cause domage to others (the principle of the prohibition of causing damage). The fact that damage has been -caused can be construed as a breach of this duty by the responsible person, so that his guilt is presumed. The responsible person may refute this presumption by evidence of the absence of his guilt in regard to the precisely determined cause of damage. The advantages of the principle of presumed guilt in comparison to the principle of proved guilt are numerous: an even distribution of the burden of evidence, a better and more complete determination of the facts, the strengthening of the efficiency of the judiciary and the social faith in the legal system, an intensified sense of equality and solidarity among the people, increase of the sense of self-esteem of every individual in society and their self-initiative. The principle of presumed guilt is especially significant for the social and economic order of Yugoslavia based on socialist self-government, offering a better and more efficient protection of the social ownership of the means of production. The principle of presumed guilt, generally speaking, contributes to the achievement of all of the demands of the material liability for caused damage on a considerably higher level, and not only with regard to compensation, but also education and protection.

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