Одговорност за штету коју проузрокују домаће животиње
Liability for the Damage Caused by Domestic Animals

Author(s): Tijana Baćović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Damage;Domestic animals;Dangerous things;Responsibility;
Summary/Abstract: Although animals are useful for the individual and a whole society, they can cause material and non-material damage. In this work we will talk about the responsibility for the damage caused by animals owned by humans (both those who live with humans and are economically exploited by them, and the animals which are usually classified as wild but, in specific cases, live under human rule), and liability for damage caused by abandoned animals. The Law on Obligations does not contain specific rules on liability for damage caused by domestic animals. However, in domestic legal theory and case law, the prevailing view is that domestic animals are dangerous things and that the liability for the damage they cause is determined on the principle of strict liability. Modern European civil law systems are increasingly abandoning this idea. Some legal systems adopt the concept of subjective liability for damage caused by domestic animals. In modern civil law systems, there is a tendency for animals not to be equated with things, but increasingly they are accorded a kind of legal subjectivity and special protection. In this work we will use the historical, positive law and comparative method to determine the similarities and differences in the regulation of the same problem in different legal systems.

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