THE GREY ZONES OF TORTIOUS LIABILITY - THE AREA OF POSSIBLE APPLICATION OF THE FAULT-BASED LIABILITY RULE AND STRICT LIABILITY RULE FOR DAMAGES

The article deals with the issue concerning the limits of area of possible application of the fault-based liability rule and strict liability rule for damages in Croatian and comparative law. The development of Law of Damages has led to a situation in which these limits become less and less clear and visible in practice. In certain areas of liability the liability according to presumed guilt moved toward the objective liability, wherein a special contribution has been given by court practice in comparative law. On the other hand, special cases of objective liability acknowledge different types and number of exonerative reasons, and consequently, some of them are relatively mild in regards to their "severity". Croatian law, due to the fact that court practice decides in every individual case which objects and activities should be considered as dangerous and which should not, has a liability area recognized by the law in which the issue concerning the application of subjective or objective liability for damage is permanently under discussion.