ЕКОНОМСКА АНАЛИЗА ОДГОВОРНОСТИ ЗА ШТЕТУ ОД СТВАРИ СА НЕДОСТАТКОМ
ECONOMIC ANALYSIS OF THE PRODUCT LIABILITY

Summary/Abstract: The product liability represents important legal and economic issue in the modern society. Should producer's liability be subjective or strict and what circumstances should exclude it are questions constituting the subject of analysis in this paper. Besides, the analysis of formulated problems exceeds the scope of legal theory and legal methods. The starting point is a law as a system of incentives, in the sense that legal rules provide incentives for reduction of a total harm costs caused by a defect product. However, the question is what liability rule gives the most efficient incentives. Is it the negligence rule or the rule of strict liability? If it is the strict producer's liability, what circumstances on the side of buyers may exclude that liability.

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