УДК 347.517:366.546.2 366.546.2
Библид: 1451-3188, 16 (2017)
Vol. 17, No 61-62, стр. 201-223

Изворни научни рад
Примљено: 15 Mar 2023
Прихваћено: 15 Mar 2023


Manić Samir (Департман за правне науке Државног универзитета у Новом Пазару), manicsamir@hotmail.com

Through the German Products Liability Act of 1990, there has been an incorporation of regulations of the Directive 85/374/ЕЕC into the German legal system. By this Law, strict product liability has been introduced from products with deficiency, but with the regulations of this Law, it has not been excluded the application of regulations on non-contract and contract liability of the German Civil Law. The author in this scientific paper deals with: the issue of determining a lack of products from the aspect of the regulations of the Law on Production Liability; whether by this Law it is suppressed a traditional tripartite division of a product lack of the German Court practice; whether the regulations of this Law can be applied to the products dangerous by themselves. Also, we shall give attention to the German Pharmaceutical Products Act of 1976 for the fact that it has predicted strict liability before the Directive 85/374/EEC for the damage due to the lack of medicines, and it is interesting to determine whether its regulations can be still applied today. The author also deals with the issue of incorporation of Directive 85/374/EEC into the legal order of the Republic of Serbia. Certain specific issues of strict product liability have been analysed for damage caused by products with deficiency and also deviations of the Law on Consumers\\\' Protection of the Republic of Serbia and Directive\\\'s regulations.

Кључне речи: a lack of products, strict liability, products dangerous by themselves, testsa risk-usefulness