АПСОЛУТНА И РЕЛАТИВНА ГРАЂАНСКОПРАВНА ОДГОВОРНОСТ ЗА АТОМСКЕ ШТЕТЕ
LIABILITY FOR NUCLEAR DAMAGE

Summary/Abstract: The main focus of this paper lies with the national laws of three European countries (Germany, Austria and Hungary), as well as the EU law, relating to liability for damage caused by nuclear plant. The aforesaid European countries have enacted legislation prescribing stringent rules on liability of the operators of nuclear plants, meaning that for some forms of legally recognized harm (death, injury, damage to health) the operator incurs liability, even if damage was caused by force majeure. This type of strict liability, whereby force majeure is not reason for exculpation, provided that the damage could be related to functioning of the plant, is named absolute liability. In addition, some regimes introduce presumption of causality, when it is more likely than not that damage resulted from the effects of nuclear plants (or ionizing radiation, or secondary nuclear waste materials).

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