CONTRIBUTION OF THE INJURED PARTY TO SUSTAINED DAMAGE
CONTRIBUTION OF THE INJURED PARTY TO SUSTAINED DAMAGE

Summary/Abstract: Contribution of the injured party to his/her damage or shared responsibility for damages implies that the damages occurred not only due to offender’s actions but that the injured party also contributed to the sustained damage. This fact should be taken into account when determining the amount of damages, i.e. to share responsibility for damage between the injured party and the offender. Roman law did not recognize shared responsibilities for damage, and the contribution of the injured party to sustained damage was regulated only after the adoption of the most important civil codes. Legal theories and laws of certain states use different terms for shared responsibility for damages. Another important issue is whether the injured party’s responsibility is based on fault or contribution to the occurrence of damage. This paper investigates legal and theoretical assumptions of shared responsibility for damage in comparative law, with reference to the most significant civil regimes in the world and civil law regimes in some former SFRY states.

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