A new lecture in the series presenting newly joined colleagues at the Institute of Social Sciences will be delivered by Petra Stanojević, Junior Research Assistant at the Center for Legal Research. The topic of the lecture is “Subtle Transformation of the Institute of Civil Liability Through Case Law – Wrongfulness and Presumption of Guilt in the Context of Liability of Holders of Regulated Professions”.
Civil liability of professionals, primarily doctors, arises from causing damage in the course of, or in connection with, the exercise of their profession. This liability is not governed by special regulations, so the general rules of the Law of Obligations on subjective non-contractual liability apply.
These rules recognize as conditions for liability: damage, causal link, and fault, alongside the general principle of the presumption of fault. However, difficulties courts encounter when determining the standard of professional fault have led to the development of case law that diverges from existing principles in two respects: it introduces illegality as a separate condition of liability and undermines the idea of the presumption of civil fault.
The inconsistency of judicial practice is linked to the professional liability of individuals whose society expects expertise and heightened diligence in their professional conduct.
Petra Stanojević’s lecture aims to highlight current case law as well as accompanying theoretical positions concerning the disruption of the nature of non-contractual liability in the context of professional conduct. Practical problems arising from the establishment of such case law include: complicating the procedural position of claimants, mitigating the liability of professionals, undermining the nature of subjective liability for damage, and rendering the presumption of fault meaningless.