Razvoj in struktura krivdnega načela v slovenskem nepogodbenem odškodninskem pravu

slovenian

2026

volume 52, issue 1

fault   law of non-contractual liability   presumption of fault   wrongfulness

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The paper aims to illuminate the concepts of fault and wrongfulness within the general rule of non-contractual liability set out in Article 131(1) of the Slovenian Obligations Code (2002). The regulation is almost identical as the Yugoslav Law on Obligations of 1978. The analysis begins with an examination of the foundational draft - Mihailo Konstantinović’s Sketch for a Code of Obligations and Contracts (1969) - followed by a review of the modifications introduced during the legislative process that led to the final enactment of the Yugoslav law. Particular attention is devoted to the introduction of the reversed burden of proof regarding fault, a feature the Yugoslav legislator adopted under the influence of Soviet law. In Konstantinović’s original Sketch, the general rule followed the traditional French model, in which wrongfulness was integrated into the notion of fault. However, after the Yugoslav law was adopted, a different approach prevailed: as a distinct and independent element for fault-based liability, conceptual framework influenced by German and Austrian law. The burden of proving wrongfulness rests on the claimant. Despite the inclusion of this reversed burden of proof (presumption of fault), its practical impact remained relatively limited. The overall system stayed rooted in the classic framework of subjective, fault-based non-contractual liability.

12.10.2026