The origins of the strict liability can be traced back to Roman law, nevertheless, until the end of the 19th century, tort liability was predominantly based on the principle of fault. With the industrialization and urbanization of the society, liability without fault (strict liability) began to gradually emerge, complementing fault-based (subjective) liability in cases where certain things or activities, although socially beneficial and legally permissible, give rise to an increased risk of harm to the surrounding environment, such that the occurrence of damage cannot be prevented even when the liable party exercises due diligence. In the legal order of the Republic of Slovenia, strict liability is established through the general clause set out in the second paragraph of Article 131 of the Obligations Code. The concepts of dangerous object and dangerous activity are not explicitly defined in the Obligations Code, rather, they constitute a legal standard, the content of which courts must determine on a case-by-case basis.
The master's thesis initially outlines the theoretical foundations of strict liability and provides an overview of its legal regulation within the Republic of Slovenia. The core part of the thesis is devoted to the conceptual analysis of dangerous things and dangerous activities, as well as to an examination of the developmental trends in Slovenian case law in shaping the legal standard of a dangerous thing or activity, and the impact such jurisprudence has on the scope of strict liability. Particular attention is also given to the presumption of causation under Article 149 of the Obligations Code, and its influence on the potential broadening of the scope of strict liability.
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